Johnson & Condon Keeps the Burnsville Bowl Open
When a patron lost consciousness while returning from the bathroom at the Burnsville Bowl, 911 was called. The first responders were accompanied by an overzealous Burnsville Police Officer. The Officer immediately and without investigation determined the patron had been “over served.” In an attempt to obtain evidence of this alleged violation of city code and state statute, he placed the mouthpiece of a preliminary breath test device near the unconscious patient’s mouth and obtained a “reading” of .15. He also claimed in his report that she was so intoxicated he could not understand her responses to his questions even though he also wrote she was unconscious during the entire time he was in her presence.
Based on this report, the City of Burnsville suspended Burnsville Bowl’s liquor license for three days (Friday, Saturday and Sunday). We demanded a hearing and the City appointed its Assistant City Manager as Hearing Officer. At the onset of the hearing, the Police Office and City Attorney claimed it was a violation of city code and state statute to “overserve” a patron. We pointed out to them that neither the city code nor the state statute uses the term “overserve” and the correct standard is serving a person in an “obviously intoxicated” condition. The City had the wrong standard, no evidence and the bartender, another patron and the woman who lost consciousness testified that at no time was she obviously intoxicated.
Fortunately, the Hearing Officer (Assistant City Manager of Burnsville) realized the claim had no validity and dismissed the alleged violation against the Burnsville Bowl.
Our Entertainment Practice Group specializes in assisting bars and restaurants in all aspects of their business.
|
