Strip club seeks do-over on Kane County liquor license denial

Blackjack’s Gentlemen’s Club in St. Charles Township asked for reconsideration of its liquor license denial – and has threatened to sue Kane County on a First Amendment violation, documents show.

The strip club, at 7N657 Illinois Route 25, which advertises dancers and full nudity, has been operating without a liquor license since 2012.

The Kane County Liquor Commission voted 2-2 June 25 on its request, a tie vote that equated to a denial because there was no majority.

A July 24 letter from Blackjack’s attorney Brittany Pedersen to the liquor commissioners, released through the Freedom of Information Act, prompted the commission to set a special hearing at 11:30 a.m. Aug. 14 at the Government Center, 719 S. Batavia Ave., Geneva, for the reconsideration.

At issue is the no vote from Commissioner Dale Berman, D-North Aurora, because he based his vote on the type of business Blackjack’s is, not on what the county ordinance states regarding liquor licenses.

“I don’t think that their organization as it is – by lewd acts and ... partially-dressed females – is something that lends itself to a liquor license in the state of Illinois,” Berman had said in June.

The county’s liquor code prohibits anyone from a having license who is not a resident, not a citizen, is a felon, has been convicted of pandering, of “being the keeper” or is “keeping a house of ill fame” or whose license was revoked by the state.

“After reviewing the video of the committee meeting and conferring with my client, it is our belief that Anne Marie Buttitta’s, as owner Elgin Entertainment, constitutional rights were violated,” according to the letter.

“Specifically, her first amendment right of free speech, as protected under [the] Bill of Rights, was violated when board member Berman denied her application because of his disdain and dislike for gentlemen’s clubs. His personal ire with the adult entertainment industry and subsequent vote to deny a liquor license based upon that belief, violated Mrs. Buttitta’s right to operate her business and receive the benefits provided by law, such as a liquor license.”

Commissioner Clifford Surges, R-Gilberts, also voted no. Chris Kious, D-Algonquin, and Michael Linder, D-St. Charles, both voted yes.

Kane County Board Chair Corinne Pierog, who also is by state law the county’s liquor commissioner, recused herself from the June vote, which would have broken the tie, because she accepted a campaign contribution from businesses tied to the club’s owners.

“I don’t know why we need to revote,” Surges said. “They’re threatening to take us to court. As far as I’m concerned, take us to court. ... My vote was no before, it will be no again.”

Pierog agreed that Berman’s comments constituted a violation of the strip club’s First Amendment rights.

“It’s free speech,” Pierog said. “We do need a revote. If there is a lawsuit, we will lose. ... It would be an embarrassment to the county and the county board and a very large expense.”

The First Amendment right of free speech extends to dancers as a means of self expression to earn a living, Pierog said.

“It’s a First Amendment violation and I don’t want the county to get sued,” Pierog said.

Pierog would not say whether she would vote or recuse herself this time.

Berman said he has seen the letter from Blackjack’s attorney about reconsidering the liquor license – and his role in the potential for the county being sued.

“I guess everybody has different morals and maybe there are those that would enjoy the business,” Berman said. “I have not given it my final thought.”