The Daily Sentinel from Woodstock, Illinois on October 15, 1982 · Page 9
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The Daily Sentinel from Woodstock, Illinois · Page 9

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Woodstock, Illinois
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Friday, October 15, 1982
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Page 9
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Liquor commission suspends license Woodstock (III.) Daily Sentinel Friday, October 15, 1982 Page 9 By Dick Peterson Shaw Media News Service HARVARD - The Harvard Liquor Commission voted to suspended the liquor license of B&H Tap for seven days following a hearing charging part-owner Hans Ulmer with denying law enforce-,, ment officers entry into the tavern. After the city serves notice to B&H Tap, Ulmer will have 20 days to appeal the decision to the State Liquor Commission. The state body must render its findings within 20 days. After hearing two hours of conflicting testimony, Mayor Frank Godo, the city liquor commissioner, announced that the commission found Ulmer guilty of the charge and suspended the B&H Tap license from Oct. 15 to 22. However, City Attorney Bernard Papp said Ulmer has 20 days to appeal the decision. If the decision is appealed, a final decision on the suspension could be delayed up to 40 days. The liquor commission is composed of Godo and Aldermen LeRoy Carlson, Joseph DeMay, Harold Kennedy and Joe Leyden. They met in the mayor's office for nearly a half hour before reaching a decision. On Sept. 24, Ulmer was charged with denying Harvard law enforcement officers entry into the tavern. According to city ordinance, tavern owners have no right to refuse law enforcement officers entry into their taverns. In his closing remarks, Papp said the only issue in the case was whether police officers authorized to enter the tavern were denied access. In police, testimony presented at the hearing, police officers Lt. Ronald Smith, Officer Richard Schultz and Police Chief Kenneth Grover said they were refused entry into the tavern. "I think that the testimony in this case is absolutely crystal clear," Papp told the commissioners. "We have to question his (Ulmer's) ability to recall what happened that evening." Papp said there was "no other rebuttal (to the city's case) other than Mr. Ulmer's denial." Smith said during testimony that he "noticed there were still some people in the B&H Tap" at 1:36 a.m. He said he entered the bar and "I asked everyone to leave; that the bar had to close up. "Nobody started to move, so I said, 'Come on, let's go.' " The three men in the bar, Ulmer, and patrons, Tony DeMay and Dan Guttschow, left through the back door of the tavern with Smith. Driving 'past the tavern 10 minutes later, Smith said, he noticed DeMay's car parked near the tavern. He said he looked inside the back-door window and ' saw the three men in the bar. Smith then radioed for back-up assistance from Schultz. After Schultz arrived, Smith tried to open the back door, but it was locked. He testified that he knocked on the door, but no one heard him, possibly because there was loud music,; playing on the juke box. He called police dispatcher Roseann Dooley instructing her to telephone the tavern to inform Ulmer that police officers were outside. "After that (the call) he (Ulmer) came to the back door," Smith said. "I said, 'Open up, I want to come in.' He says, 'I've got no one in here.' Smith said Ulmer then told him to get a warrant and shouted obscenities at him. "When he yelled at me, . he was right up against the glass," Smith said. He then directed Dooley to contact Godo and Grover. . "The chief knocked on" the door and Hans came back," Smith testified. He said Grover put his badge to the window and identified himself, but Ulmer walked away and told Grover to come in. Schultz testified that Smith instructed him to go around to the front of the building. He said he knocked on the door, and Ulmer went to the door and told him, "Go away. I'm cleaning up." He said Ulmer returned to the door a second time and said the police were looking for trouble. Schultz testified two separate times that he tried to open the screen door twice, but both times it was locked. However, Ulmer, DeMay and Guttschow said the screen door was unlocked. "The screen door was open," Ulmer testified. "The screen door does not have a lock." Ulmer also denied that he shouted at Smith or Grover. He said he was never closer than 10 to 12 feet to the back door. "It (the screen door) was never locked," Ulmer said. "We were getting ready to leave when there was some noise at the back door. "There's a personality conflict between officer Smith and myself, especially this year," Ulmer said. Under testimony he denied he swore at Smith and that he never slammed the door while Schultz was outside. , When Grover arrived, Ulmer said he .did not tell him to come in. Ulmer idicated he did not believe Grover was at the back door. "I dont know Chief Grover," he said. 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