April 30, 2009
OLYMPIA - The Washington State Liquor Control Board (WSLCB)
today issued an emergency liquor license suspension up to 180
days for McCabe's American Music Cafe, located at 2611 Pacific
Ave. The suspension is effective from 6 p.m. April 30, 2009 to 6
p.m. Oct. 27, 2009. During the suspension period, the WSLCB will
take action to revoke the spirits/beer/wine restaurant and
lounge license permanently.
The WSLCB is authorized by state law to issue an emergency
suspension of up to 180 days of a liquor license when it
believes the "health, safety or welfare" of the general public
is in danger.
Recent public safety violations
McCabe's has received two Group 1 Public Safety violations in
April. These violations are considered the most serious because
they present a direct threat to public safety.
On April 25, McCabe's was cited for Allowing an Apparently
Intoxicated Person to Consume following a WSLCB undercover
operation, which led to the emergency suspension.
On April 11, McCabe's was cited for Sale/Service to an
Apparently Intoxicated Person following a WSLCB undercover
operation. The recommended penalty for the April 11 violation
was cancellation of McCabe's liquor license. McCabe's has
requested a formal hearing before an administrative law judge
from the Office of Administrative Hearings regarding the
violation.
The WSLCB decided in October 2008 to pursue non-renewal of
McCabe's liquor license. A hearing requested by McCabe's
regarding this decision is scheduled for June 2009 before an
administrative law judge.
Violation history and recommended penalties
Officers look at the past two years of an establishment's
violation history when determining a recommended penalty for a
violation. The following is McCabe's two-year violation history
and the recommended or completed penalties:
- April 25, 2009: Violation for Allowing an Apparently
Intoxicated Person to Consume (Emergency Suspension)
- April 11, 2009: Violation for Sale/Service to an Apparently
Intoxicated Person (Cancellation recommended – pending formal
hearing)
- March 22, 2009: Violation for Allowing Apparently
Intoxicated Person to Consume – three counts (Aggravated 30-day
suspension recommended – pending formal hearing)
- Dec. 3, 2007: Violation for Furnishing Liquor to a Minor
(Five day suspension or $500 fine recommended – pending formal
hearing)
- Nov. 16, 2007: Disorderly Conduct ($500 fine - complete)
Emergency suspensions
Emergency suspensions represent an extraordinary exercise of the
state's power and the WSLCB is mandated to ensure that an
emergency suspension is reasonable, justifiable, and legal in
every way. The WSLCB issued three emergency suspensions in 2006,
three in 2007, one in 2008, and one in 2009.
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