Filling Station Seeks Formal Hearing on Liquor Complaint

A managing partner of a downtown tavern cited after two customers left the establishment with drinks in hand asked the St. Charles Liquor Control Commission for a formal hearing.

Peter Mulligan, of The Filling Station, 300 W. Main St., chose not to agree with the complaint against the establishment, saying while he agrees it is mostly accurate, he believes there are mitigating factors that exonerate the establishment of guilt in the case.

Commission members responded to some question Mulligan raised before he requested the formal hearing, including the minimum and maximum fine he faces — which Mayor Raymond Rogina, in his role as liquor commissioner — said would be between $1 and $1,000 for an establishment with no offenses in the past 12 months.

The Filling Station also would face costs of the hearing, which Rogina said would be $500, plus the costs police officers called in to testify.

Nor would The Filling Station face a higher range of fines with a formal hearing, Rogina said in response to Mulligan. But Rogina did advise him that he would face his own costs for bringing an attorney to the hearing.

In a formal hearing, the city would have a prosecutor present the case to the Liquor Control Commission, along with testimony and rebuttal by the defense.

After hearing the case, the commission would adjourn into executive session to make its recommendation to Rogina, who as liquor commissioner ultimately is responsible for the decision.

The complaint against The Filling Station stems from an Aug. 16, 2013 incident in which two patrons, with drinks in hand, left the establishment’s patio area. The couple, who told police they left with their drinks after seeing others do so, were cited with open alcohol.

Related

• Aug. 21, 2013: Will Filling Station Face Complaint Over Booze Incident?