In theory, the authority of the state to regulate the sale of alcoholic beverages is based on a premise that doing so protects the public. And, in many cases, it works. The Alcoholic Beverage Control Division enforces laws that set the boundaries for licensed businesses such as nightclubs, liquor stores and the like. The state can set hours of operation, detail who gets served and limit the kinds of activities allowed at licensed establishments.
Establishing rules for the public welfare is relatively easy. The actual protection of the public, however, only happens when business owners respect the rules and conform their behavior to the spirit behind them or, alternatively, when the threat of enforcement action convinces business owners toe the line.
What’s the point?
A state board overturned a reasonable revocation of a Springdale club’s alcohol license. Hopefully, the club owner will take strong steps to improve his club’s practices.
Edward Vega, owner of the private venue known as the Springdale Civic Center, has struggled to fully appreciate the purposes behind Arkansas' regulatory effort. Or maybe he just doesn't care. In any case, his business' activities have endangered the people of Springdale and surrounding areas and, according to authorities, contributed to the deaths of two patrons.
The activities law enforcement authorities have reported at the Springdale Civic Center got bad enough that Bud Roberts, director of the Alcoholic Beverage Control Division, in June revoked the permit that allows Vega to legally sell alcoholic drinks at the venue.
What's bad enough? In March, three customers of the Springdale Civic Center piled into a pickup truck after drinking to excess at the club. The driver was 19, not yet old enough to legally buy alcoholic beverages in the club. The truck later slammed into a tree at an estimated 90 mph. The driver survived. His two passengers did not.
"There must be a change," Roberts wrote in his findings.
A month after the crash, a team of federal, state and local agents visited the club, which has a capacity of about 2,500 people, sometimes paying cover charges alone of $30 and up, according to Roberts. Still, the place appeared to operate with little regard for state rules. Officers witnessed a fight, at least five patrons served too much alcohol, a customer allowed to leave the club with a beer in his hand and more than a dozen patrons allowed to consume alcohol after permitted hours.
All this when the club was already on probation for other violations. All this in a club whose owner is charged with not operating "in a matter which is in the public interest and does not endanger the public health, welfare or safety," as described in state law.
"The violations were so many in number, and so egregious in magnitude," Roberts wrote, "that it has become clear: The Springdale Civic Center cannot proceed as a good steward of the ABC."
What seems clear to Roberts -- and to us -- isn't as clear to the Alcoholic Beverage Control Board. On Aug. 17, after hours of testimony in Vega's appeal, the board also had revocation in mind. Except, in this case, the board, by a 3-2 vote, revoked Roberts' order. Rather than nixing authority to serve alcohol, Vega's state-issued license was suspended until Jan. 1.
Vega's, and now the Alcoholic Beverage Control Board's, idea of public safety is far different than ours. If the repeated sloppy or indifferent attitude at Vega's business isn't deserving of revocation, it's hard to imagine an establishment that deserves such a penalty.
Vega has his supporters. It's fair to call him a successful business leader in the Hispanic community of Northwest Arkansas. His clientele is largely Hispanic. His business puts on shows they want to experience.
And some suggest the state's crackdown on the Springdale Civic Center has a lot to do with the clientele it serves. It's probably an effective defense, like any smokescreen, except for this: The business has demonstrated over and over its incapacity to follow the reasonable laws of the state of Arkansas, laws that are designed to protect everyone, regardless of their heritage.
And regardless of such perceptions, it's clear the Springdale Civic Center has problems that must be addressed.
When Vega gets his license back, there are some fundamentals any licensed business must follow: Don't over-serve; don't serve underage people; don't let people leave with their drinks; ample security must be provided. In short, take a responsible approach as a business operating in the public interest. What can be more biased than behaviors that contribute to the deaths of two customers? Death doesn't discriminate.
The ABC director took a reasonable and responsible stand, but the board overseeing his enforcement disagreed. They see potential for improvement. We hope they're right and Vega takes seriously his responsibility to his customers and the people of Springdale and surrounding areas.
Commentary on 08/28/2016