Businesses busted for serving to minors

Published 10:12 am Thursday, August 7, 2008

The Austin City Council fined two of three local bars cited for serving minors for the second time in 24 months, exempting only Smitty’s Tavern from the presumptive penalty because of report inconsistencies and staff disputes.

Sportt’s Bar and Grill, 3301 W. Oakland Ave., and Tolly’s Time Out Restaurant, 100 14th St. S.W., were fined $750 and given a three-day liquor suspension for serving a bottle of Budweiser beer to a minor working with the Austin Police Department July 3.

Officer Mark Walski, who led the operation, presented details to council members Monday, saying that an underage male undergoing law enforcement training in Alexandria, Minn., accompanied him to 17 local businesses that serve alcohol that night. Seven of them failed.

Email newsletter signup

“We don’t go in there intending to lie,” said Walski as he described their approach to council members. “If they’re asked, they must give an I.D….and no small talk —when he gets it he has to leave.”

According to the reports, the young man entered Sportt’s Bar and Grill alone at 8:40 p.m. and ordered a bottle of beer from a female employee.

He wasn’t carded, Walski said.

Owner Bruce Hovland said that despite the violation, he was happy with employee performance overall.

“I’m real happy with my staff,” Hovland said, adding that the fact that the young man entered the restaurant so soon to its 9 p.m. closing may have contributed to the oversight. “I think they’re doing a really good job. Then again, we’ve got these a couple of times.”

Tolly’s violation occurred similarly. The minor entered the establishment at 8:20 p.m., and was served by a female who didn’t ask for identification.

Tolly’s owner James Herrick didn’t contest the violation, though said he would prefer that law enforcement enter the bar immediately after the offense.

“I actually think it would be a better training tool to be approached that night,” said Tolly’s owner James Herrick, adding that he threatens employees with their job if they serve to underage customers. “It’s obviously not our intention to serve to minors.”

The department approach was a sticking point for council member Dick Pacholl, 2nd Ward, as well. He said that he thought a better system would include entering the bar/restaurant immediately after a violation, which he believed would better confirm that an alcoholic drink was served.

“If you yourself had not even seen that he had a drink in front of him, how do we know?” he asked.

Currently, the officer and minor write a report immediately after the violation and then submit findings to the police chief, who, in turn, notifies the business by letter.

Walski said their approach stems from a style preference that minimizes confrontation.

“Our intention is not to be so strong-armed,” he said. “This is our hope, and having to do more bars in a less aggressive manner,” he said.

Their system, however, may be why a third establishment — Smitty’s Tavern at 105 11th St. S.E. — evaded penalty Monday.

Reports said the young man entered the bar at 10 p.m., and was carded by a male with long black hair before he was served a bottle of Budweiser. Walski said the police chief incorrectly stated blond hair instead of black in the report, and that, according to owners Richard and Elaine Lane, no one fitting the original description worked at the bar.

“This is the only male we have working there, and this is our son, and obviously he doesn’t have long blond or black hair,” Elaine Lane said to council members.

Walski said he requested timecards, which were unavailable, and organized a line up for his underage partner, without results.

The council voted 4-2 to deny the violation.

First-time violators included Star Liquor, 209 11th St. N.E.; George’s Pizza, 202 First St. N.E.; Vell Liquor, 200 South Main St.; and The Beer Depot, 502 12th Ave. N.W.

Walski said he ceased operations only after the young man was confronted by bartenders and patrons at several downtown bars. They’d allegedly received tips about the checks.

“Some bartenders were calling other bars to report the description of the minor,” Walski said, adding that he didn’t feel it was safe to continue afterward.

He said they missed establishments downtown and in the southeast quadrant as a result. They will be done later, Walski said.