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The Hawk, a popular bar among Kansas University students, will continue to fight the state's efforts to close it.
The Kansas Department of Revenue in April upheld a ruling a year ago by the state's Alcoholic Beverage Control that The Hawk, 1340 Ohio, have its liquor license revoked because of several instances of minors drinking inside the bar.
But an attorney representing The Hawk's owners filed an appeal in Douglas County District Court last week.
The appeal claims, among other things, that The Hawk or its employees did not permit minors to drink, and that in instances when minors were drinking at the bar, it was after they had presented fake identification.
Under Kansas law, drinking establishments cannot knowingly or unknowingly allow minors to possess or consume alcoholic beverages.
The ABC alleged in its original order that 17 instances of minors in possession of alcohol occurred at The Hawk within three years; some of those cases have since been dismissed.
Tom Groneman, director of the ABC, said The Hawk had exceeded the threshold of nine violations in four years, which previous directors had adhered to.
That prompted the ABC to move to revoke The Hawk's license, an action the agency doesn't often use.
"I would say it happens probably in 2 percent of the cases," Groneman said. "Not more than 5 percent of the cases that are filed."
Tom Devlin, co-owner of The Hawk, referred comment about the case to his attorney, Dan Owen.
Owen was unavailable for comment Thursday.
The Hawk remains open for business while its appeals are heard.
The business' appeal in district court is one of several possible appeals remaining, which means The Hawk could stay open for the foreseeable future.
"If the district court was to uphold my decision and the Secretary of Revenue's decision, then their license would be revoked and they would have to shut down," Groneman said. "But the district court could be appealed on up to the court of appeals."