05/03/13 — City bar facing four ABC citations

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City bar facing four ABC citations

By Steve Herring
Published in News on May 3, 2013 1:46 PM

A downtown Goldsboro bar and grill has been cited by the state Alcoholic Beverage Control Commission for several alleged violations of state ABC laws.

D's Sports Bar and Grill, 108 N. Center St., is facing three such violations, and a fourth one is expected, said George Raecher, Wayne County ABC law enforcement officer.

Raecher said he became suspicious that the business was using liquor purchased at ABC outlets instead of from the mixed beverage business located in the Landmark Drive ABC store. Bar and restaurants are required to buy their alcoholic beverages from that store.

"I found a lot of bottles in the establishment that she had not paid the state-required mixed beverage tax," Raecher said. 'When you buy them at the mixed beverage business over here, a tax stamp is put on every bottle.

"By the number of bottles that I got out of there, she probably averted about $400 in taxes by buying over the counter and just paying the regular sales tax. That is where the state makes a lot of money through ABC boards through commercial ABC permitees."

Raecher said he submitted his report to the state ABC Commission that had found three "major violations."

A hearing will be held June 12. The state could close the business, levy fines or revoke its ABC permit, he said.

Two of the violations allege that the business' ABC permit holder, Darnita Simpson, failed to supervise in person or through a manager a business that an ABC permit had been issued to.

The first alleges that on March 3 at 2:20 a.m. patrons created a disturbance and were fighting. The second incident was Feb. 17 at 1 a.m. when approximately 30 to 40 patrons left the business "intoxicated and spilled onto the sidewalk and street."

The third violation alleges that on March 30 manger Patricia Marks possessed a number of liquor bottles at the business that did not have mixed beverage stamps.

Raecher said he returned to the establishment this past Wednesday night and found even more bottles without the tax stamp. The bottles were not there during his first visit, Raecher said.

"So she has another violation that will be submitted," he said.

The Goldsboro Police Department and Alcohol Law Enforcement assisted in the case, Raecher said.