Following a hearing in front of the state board earlier this month, The Illinois Liquor Control Commission has permanently revoked the Penalty Box Bar & Grill of its’ liquor license.

Brian Bower, Charleston city attorney, said the tavern violated five different city ordinances, including the sale of liquor to an underage person, the sale of liquor to an intoxicated person, and filing false reports.

The Penalty Box was also cited for not maintaining the food to alcohol ratio required for Charleston restaurants.

Bower argued before a state board, advocating that the establishment have its license permanently revoked.

“It’s not a restaurant, but a bar with a restaurant license,” Bower said. “Their general business never fit or could have fit into the plan for a restaurant.”

Bower said the city’s restaurant license required the bar to sell at least 51 percent food and less than 49 percent alcohol.

City Comptroller Heather Kuykendall testified that when reviewing initial reports from the Penalty Box, the amounts were exactly 51 percent food and 49 percent alcohol.

After reviewing price sheets and invoices, however, Kuykendall estimated the restaurant was selling around 74 percent alcohol.

Because of the city’s strict licensing ordinance, Bower said the Penalty Box was not allowed to apply for a different license, which would have better fit their business model.

“They weren’t even trying to be a restaurant, and they weren’t maintaining any plans for a restaurant,” he said. “As a city, we haven’t classified a need or basis to create more bars, and because the venue never abided by their actual license, it was a simple case.”

The city and state’s decision negated any chance that the restaurant’s owner, Peter Christos, could ever receive another liquor license in Charleston.

Christos declined to make a statement on the verdict, citing both personal and legal issues.

“We won’t be commenting on anything until the fall, when students return to campus,” Christos said.

Sadie Baird, 19, testified that she had used fake identification in order to enter The Penalty Box on Sept. 11, 2011.

Later that night, Baird had to be assisted out of the tavern by a friend.

She was taken to a hospital to be treated for alcohol poisoning, and said she did not remember much from the evening.

Christos testified that he was not aware of the situation until October, when an official complaint was filed.

The citation for selling liquor to Baird was dismissed, Brower said.

“Because the girl had used a fake I.D., the venue had an affirmative defense against that charge,” he said.

However, Bower also said testifying against the bar did not alleviate any legal punishment for Baird.

Bower said Baird received multiple citations, including underage consumption and use false identification.

“She was treated like anyone else would have been,” he said

John Downen can be reached at 581-7942 or at [email protected]