What happened on the night of April 27 is what the Chattanooga Beer Board cautions all applicants about. A customer was over-served that night, left the bar in his truck, wrecked and was killed, the board was told. It was up to the board to determine who was responsible and what punishment was appropriate.
On April 27 a man and family members had been drinking at Miller’s Ale House, but the group left when they were no longer being served because of disorderly behavior.
The man then went to Drakes’s, nearby at 7338 McCutcheon Road, and continued drinking. There he was served two more beers before he went to the porch to smoke. A security guard asked him to go outside to smoke and video leaving from while he was smoking showed the first signs of impairment. The video also showed the man phoning what turned out to be a call looking for a ride home, but there was no answer.
He came back inside at 12:30, according to the video. He spoke to security, then sat at the bar where the bartender poured a double shot of Tequila. Then 17 minutes later he ordered and consumed another shot. In the meantime he got up and walked to the restroom where he staggered. Two security guards were watching and gave the bartender the sign to cut off serving alcohol to the customer.
At 1:15 he left the building with an unidentified man who had been sitting beside him at the bar. They left in the other man’s truck and returned 10 minutes later where the individual got out and got in his own truck while stumbling backwards and steadying himself by leaning on the truck. He drove away at a high rate of speed and 50 seconds and a half mile away the single-vehicle crash occurred.
The unidentified man returned to the bar with one car key and a cell phone a little later, which he said the intoxicated customer had left in his truck. The following Monday, managers at the bar, after discovering the wreck and the possibility it was one of their customers, called the Chattanooga Police. They provided over 60 hours of videos and made anyone involved available for interviews.
In analyzing three tabs paid while sitting at the bar, he had consumed the equivalent of 10 alcoholic beverages in less than three hours, without counting the two he consumed at the previous bar. It can take up to one hour to be noticeably intoxicated, said Special Agent with the TABC Travis Patten. The TABC recommends that one drink per hour is safe, depending on variables. The shots were served so close together, the effects may not have been noticeable until later. The toxicology report indicated a .235 blood alcohol level. A person is legally intoxicated if that measurement is .08. In addition to the alcohol, trace amounts of Methamphetamine, marijuana and THC were found.
Heaven Mixon, the bartender who served the alcohol, and Kevin Bartlett, the manager on duty that night, had not yet taken the TABC server’s course that was required as a term of their employment,. which could have contributed to not noticing signs of intoxication. Mixon, however, had previously been certified in the state of Georgia, it was stated. Part of the bartender’s job, the manager’s job and security officer’s job is to observe and monitor customers and one of the things they should look for is signs of impairment caused by too much alcohol, the board was told. That did not happen until just before “last call” for drink orders that night.
The bar opened Feb.18 this year. Hailey Church was hired as associate manager to oversee the front house staff in early May, after the over-serving incident. She has been in the restaurant business for 30 years including the food, beverage and catering manager for both the Tennessee Aquarium and Finley Stadium. She has an ABC card and is an instructor for alcohol sales. She also has implemented some new policies at Drake’s, most with an intent of being aware of intoxication.
“They’ve hired the right person,” said Beer Board member Christopher Keene, who said he has seen her management skills.
“I believe had you been the manager that night, it probably wouldn’t have happened,” said Assistant City Attorney Keith Reisman.
The question before the board Thursday morning was if the bar had violated the beer code by serving a visibly intoxicated person. Board Member Trevor Atchley said that the beer code has a provision that requires monitoring people. Seeing the videos of the man stumbling indicates he was visibly intoxicated. "I think the business has a responsibility," he said. With two security people watching him that night, somebody should have stopped him, added Vice Chairman of the Board Dan Mayfield.
Attorney Reisman said that Ms. Mixon, the bartender, is still employed but was not at the beer board hearing and could have been. The security people and the manager from that night did not come either to testify because Drake’s did not want them to be there, said the attorney.
Mr. Keene made the motion to give the bar a choice of a three-day suspension starting July 4 or to pay a $1,000 fine, which is the most the board was allowed to levy. The motion passed with only Board Member Brooke King voting no.
AJ’s Sports Bar and Grill, 6238 Bonny Oaks Dr., had been accused of allowing gambling on the premises. Chattanooga Police had received a search warrant for narcotics and gambling at the establishment and gave the owners a citation. The owner was a no show at the last beer board meeting and again at the June 20 meeting. The business has been shut down, said Attorney Reisman. The beer board revoked the license, effective immediately. That will prevent another business from getting a beer license at that location for a period of one year.
In regular business, the beer board issued two special events beer permits. Chattanooga Presents represented by Carla Pritchard received a beer permit for the July 3 Pops in the Park, celebrating Independence Day with the Chattanooga Symphony, song writers who are veterans, and fireworks. This is the 19th year for the event being held at Coolidge Park. It is free to the public and food and beer vendors will be available. It takes place from 4-10 p.m. on July 3.
The Chattanooga Water Triathlon, presented by the Chattanooga Track Club was given a special events beer permit for events on June 21 and June 23. On Friday night from 6-10 p.m. is a volunteer party where people will receive two beers with the food. On Sunday beer will be served starting at 9 am. after the race until 3 p.m. This is the 15th year for this event.