County Wins Appellate Court Case Overturning State Liquor Commission Decision

A press release from the McHenry County State’s Attorney’s Office:

STATE’S ATTORNEY’S OFFICE WINS APPEAL; DECISION TO REVOKE LOCAL LIQUOR LICENSE REINSTATED

McHenry County State’s Attorney, Louis A. Bianchi and McHenry County Board Chairman and Liquor Control Commissioner Kenneth D. Koehler are very pleased to announce the Appellate Court of Illinois Second District recently affirmed a decision of the McHenry County Liquor Control Commission to revoke the liquor license of Rachina-1 Inc., d/b/a Mobil Speed Mart, 4407 Highpoint Road in unincorporated McHenry County.

On August 20, 2008 the McHenry County Liquor Control Commission through its Commissioner Kenneth D. Koehler, revoked Rachina-1, Inc.’s liquor license after three separate violations of the law of selling alcohol to a minor.

These illegal sales occurred during an ongoing alcohol countermeasure enforcement detail, designed to monitor and deter the sales of alcoholic beverages to minors, by the McHenry County Sheriff’s Department and the Illinois State Police.

The licensee was fined for the first two offenses but upon the third offense within an eight month period by the same employee, the decision was made to revoke the liquor license.

The Illinois Liquor Control Commission reinstated the liquor license for the local business by reducing the punishment imposed by the local authority to a temporary suspension.

This decision by the State was appealed to the Appellate Court, by the McHenry County State’s Attorney’s Office on behalf of the McHenry County Liquor Control Commissioner, Chairman Koehler.

The case was prosecuted and argued on appeal by Assistant State’s Attorneys Sarah Jansen and Jamie Rein.

The McHenry County State’s Attorney’s Office; the County Board including its Liquor and License Committee chaired by County Board member John Hammerand; and the Underage Drinking Task Force created by Chairman Koehler and lead by Assistant Regional Superintendent of Schools Dr. Joseph Williams, and the Sheriff’s Department have spearheaded an ongoing joint effort to address the problem of minors obtaining alcohol.


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