Current owner will forfeit liquor license

Detox Nightclub is closed until further notice after the business was unable to obtain a liquor license due to ownership confusion at Wednesday’s legal hearing.

Kris Povlsen, liquor commissioner and acting mayor of DeKalb, said the current owner of Detox, Ransey Vasquez was operating under a license that was issued to Anthony Tomkiewicz, the former owner of The U.

The U previously occupied the property at 1000 W. Lincoln Highway, where Detox is currently located.

Last August, Tomkiewicz was three months delinquent on his rent and was about to lose his lease.

“I had several other bills and expenses that were overdue and pressing,” Tomkiewicz said at the hearing.

Tomkiewicz also said at Wednesday’s hearing that he could not obtain a renewal of his current liquor license without a lease. Tomkiewicz said he worked out a “hasty” agreement with Vasquez to make the quickly approaching liquor license renewal due date. In the Aug. 29 agreement, a third party, University Investment Properties, agreed to pay some of Tomkiewicz’s debt in order to keep the lease.

The agreement also stated Vasquez was to be a member of the business with 99 percent ownership, but did not specifically declare him the owner. Tomkiewicz argued he was still the owner and Vasquez was the manager of the club.

Tomkiewicz also said Vasquez was not declared the owner because Vasquez was not yet approved for a liquor license.

Tomkiewicz and Vasquez submitted a new agreement the day of the hearing that Tomkiewicz said voided the previous agreement made on Aug. 29. Povlsen said the new agreement was irrelevant because, at the time of issuing the renewal license, it was apparent that the ownership of the property had changed to Vasquez.

“It was in my opinion that there was enough documentation and money exchanging hands to prove a change in ownership.” Povlsen said.

Under DeKalb’s liquor laws a new owner must apply for a new liquor license.

“You can not sell a liquor license when you sell a business, the new owner must apply for a new license,” Polvsen said.

During the hearing, Povlsen called recess to review the evidence. It was after the recess that Povlsen decided there was enough evidence to revoke the license.

“At that point, the licensee [Tomkiewicz] wanted to forfeit the license instead, and asked if the commissioner [Povlsen] would be willing to accept that and he did,” said DeKalb City Attorney Norma Guess.

Forfeiting a license looks better on record than a revocation if Tomkiewicz were to apply for another license in the state of Illinois, Guess said.

At the hearing, Vasquez said he is looking to apply for a liquor license in January.

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