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 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.