Businesses selling alcoholic beverages in Benton and Washington counties had 72 violations from March 2012 through February, according to records from the state’s Alcoholic Beverage Control Division.
Most of the violations — 67 — came from Washington County. Rick Crisman, deputy director of education for the division, attributed the number of violations to the presence of the University of Arkansas and consistent enforcement from the Fayetteville Police Department.
“To be honest, part of it is that the university is there,” Crisman said. “You have 26,000 students with an average age of 19. And then you have Dickson Street. Fayetteville steps in and helps to try to combat underage drinking.”
Fayetteville businesses were responsible for 48 violations and Springdale was second with 14. Businesses in Elkins and Johnson each had two violations and Tontitown had one. Bentonville businesses led the Benton County violations with three. Bella Vista and Decatur each had one business with a violation.
The 72 violations don’t include abandoned permit violations that occur when a business closes without canceling its alcohol permit. There were about a dozen abandoned permits in the two counties.
The division had two enforcement officers for Benton, Washington and Madison counties until this week. It added a third to help with the workload now that Benton and Madison counties are both wet. Each agent will cover about 250 permitted outlets.
Fayetteville police help the state division through its own enforcement activities. Officers send in a young person, usually an 18- or 19-year-old, to purchase alcohol. If they are successful, a police officer writes a report and sends it to the state enforcement agent, said Sgt. Craig Stout, spokesman for the Fayetteville department.
The department used to receive grant money for its compliance effort, but that money dried up a few years ago, Stout said. The lack of money makes “makes it more challenging” to be consistent with checks while avoiding officer overtime. But curbing underage drinking is a priority for the department, Stout said.
“We try to get out there when we know we’re going to have issues with underage drinking,” he said. “This is something that is very important to us.”
Other departments help the state agency, as well. The Springdale Police Department does compliance checks, and Crisman is scheduled to hold enforcement training for the Rogers Police Department in May. The Bentonville Police Department also plans to work with the state agency, but hasn’t yet set up training, said Chief Jon Simpson.
“When police departments do their own checks, it helps us tremendously,” Crisman said.
Most of the violations were for serving alcohol to a minor, which Crisman said was the worst in the agency’s eyes.
“You just can’t do that when it comes to the sale of alcohol,” he said.
Nine permit holders had more than one violation during the time period evaluated. Lit Lounge in Fayetteville had a violation in August for alcohol consumption after hours and loud music and another violation in February for allowing minors in the club when no food service was available. The second violation resulted in one year of probation for the club and a $200 fine.
Two of Benton County’s five violations were for Gusano’s Pizza in Bentonville. Employees sold to a minor in March 2012 and furnished alcohol to an intoxicated, minor employee in July, according to agency reports. The first violation came with a $400 fine and 90 days on probation. The second violation resulted in an $800 fine and six months on probation.
Jason Collins had violations at two Fayetteville businesses — Grub’s Bar & Grille at 220 N. West Ave. and Sassy’s Red House. Grub’s allowed consumption after hours, while Sassy’s Red House furnished alcohol to a minor, according to reports. Grub’s had the stiffest penalty of the two with a $500 fine and one year on probation.
Club Kongo in Springdale lost its permit in December after a string of violations that included a customer hit by a vehicle and another stabbed in the parking lot, a report said. The agency canceled the permit after it became obvious the business wasn’t going to solve the problem, Crisman said.
Luis Avelar had one violation each at La Huerta at 4901 S. Thompson Ave. in Springdale in June and Las Fajitas Grill in Bentonville in March 2012. Both involved selling alcohol to a minor and ended with $400 fines and 90 days on probation.
Avelar said he sent employees for training with the Alcoholic Beverage Control Division in the wake of the violations. The server training program is a new offering from the state agency, Crisman said. Employers who send their servers through the training could see less stringent punishment if those same employees are caught selling to minors in the future.
“We know that in those cases the employer is doing all they could to keep that from happening,” Crisman said.
Meliton Montes had violations at Mexico Viejo in Fayetteville and Las Fajitas in Springdale in July and April 2012. The businesses were each fined $300 and placed on 90 days of probation.
Hutch’s Sports Bar in Fayetteville had violations in June and August for after-hours consumption and service to a minor. The bar has since been sold and is under new management, an employee said Friday.
Feltner Brothers was cited for one violation at each of its locations at 509 W. Spring Street and 2768 N. College Ave. in Fayetteville for serving alcohol to a minor. In each case, the employee checked the identification of the minor but sold it anyway, said ower Travis Feltner.
“It was just a bone-headed mistake,” Feltner said. “That’s the hardest thing about it. Both checked the ID and maybe just had trouble with the math.”
The business has since put up a calendar that tells the month, date and year that someone must be born before to purchase alcohol. It also reiterated the importance of checking identification and has done additional training with employees.
WebWatch:
A map of all the violations issued for Benton and Washington counties from March 2012 to Feburary 2013 is available through the online version of this report at www.nwaonline.com.
The violations cost the business a $300 and a $4oo fine and 90 days on probation.
Fatty Hackers in Springdale was cited for two violations over the last year, but one of those violations was dropped during a hearing. Both alleged the business served alcohol to an intoxicated person. Owner Sylvia Beckum said some of her employees have attended the state’s server classes since the violation.
Part of the issue stems from occupying the same building with a motel, Beckum said. Customers often drink in their rooms and come to the bar when they’re drunk, she said.
“They may come into my establishment and never even order anything,” Beckum said. “If the server realizes they’re intoxicated, we don’t serve them.”
The June violation for Fatty Hackers resulted in a $300 fine and 90 days on probation.
Only 12 of the 72 violations related to off-premises sales, and only three were for retail liquor stores. None of the violations were to repeat offenders. The stiffest penalties were $1,000 fines, one year on probation and two-day suspensions for 265 Liquor at 3853 N. Crossover in Fayetteville and Sunset Liquors at 4828 W. Sunset Ave. in Springdale.