By Cathy Logg
Herald Writer
EVERETT — An appeal hearing by a Snohomish tavern owner trying to prevent a revocation of his liquor license was expected to conclude today, but the judge did not plan to issue an immediate decision.
Administrative law judge Robert Kingsley is presiding over the hearing in which liquor officials consolidated three alleged violations against the U&I Bar and Grill, 907 First St. The state says tavern employees allowed disorderly conduct on the premises three times over five days in February. On March 6, the board issued an emergency suspension of the liquor license for 30 days after a fight Feb. 26 that resulted in the death of a Bothell firefighter.
The board announced that it planned to revoke the tavern’s license after the suspension unless owner Keith Allen appealed; he did.
The tavern reopened after the suspension ended April 5. It is allowed to remain open pending the outcome of the appeal hearing.
State Assistant Attorney General Greg Brunson outlined the three alleged violations. On Feb. 21, a confrontation occurred inside and one of the men involved was assaulted as he left the tavern. He declined medical attention at the time, but later was treated at Harborview Medical Center in Seattle for serious injuries.
On Feb. 23, another altercation occurred inside the tavern, Brunson said.
On Feb. 26, Bothell firefighter Gary McAdam exchanged words with an off-duty tavern employee, which led to a physical altercation inside the tavern. After McAdam left the tavern, he was assaulted outside in the street and later died.
The U&I employees didn’t intervene in the altercation or call 911 to summon police, Brunson said. He called their conduct "so egregious it showed total disregard for public safety" and said the license should be revoked.
Allen’s attorney, J. Robert Leach, countered Brunson’s claims that employees failed to act. He said the state had relied exclusively on information and reports from Snohomish police, but said those reports included multiple inaccuracies. In addition, both fights occurred outside the tavern, Leach said.
Instead of seeking a license revocation, the state should use progressive discipline and give Allen an opportunity to take corrective action, Leach said.
In the first assault, the victim testified that after he was attacked as he walked out the door, the bartender came out to check on him and asked him if he wanted her to call 911, and he told her he did not. He said he was "punch drunk" and chose to go home and take care of himself, and only went to a hospital later at his mother’s insistence. That’s when he realized his injuries were serious, he said.
The tavern’s appeal hearing is set for 9:30 a.m. at the liquor board’s Everett office, 909 SE Everett Mall Way, Suite D480. It is open to the public, although seating is limited.
You can call Herald Writer Cathy Logg at 425-339-3437
or send e-mail to logg@heraldnet.com.
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