Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, May 5, 1994 TAG: 9405050171
SECTION: VIRGINIA PAGE: C-5 EDITION: METRO
SOURCE: LAURENCE HAMMOCK
DATELINE: LENGTH: Short
In a petition filed in Roanoke Circuit Court, Corned Beef & Co. is asking a judge to reverse a decision by the state Alcoholic Beverage Control Board.
Earlier this year, the board found that the restaurant allowed at least one intoxicated patron to remain on its premises and consume alcohol. The board ordered that Corned Beef either pay a $375 fine or have its license to serve alcohol suspended for seven days.
An appeal of that decision may raise questions about how far bars and restaurants should go in deciding when to cut off customers.
According to the petition, ABC agents went to the Jefferson Street restaurant last October and alleged that they saw two patrons who appeared intoxicated.
The next day, agents returned to the restaurant to issue a written warning. At that point, the appeal states, restaurant president Alan Pollard "requested guidance on how to recognize and enforce the ABC laws" pertaining to intoxicated patrons.
Following his lawyer's advice, Pollard declined to sign the warning until a meeting could be held to discuss the regulations.
ABC agents refused to hold such a meeting and instead charged the restaurant with violations, the petition says.
Richard Maxwell, a Roanoke lawyer who represents Corned Beef, declined to comment on the case.
by CNB