Local bar Mr. Up's cited for serving minors

Author: Josh Carson

Vermont liquor Inspector Michael Davidson confirmed this week that an investigation into underage drinking at local establishments has been launched. Because the investigation is ongoing, David son would not comment on specifics regarding both the impetus for and the method of investigation. He did confirm, however, that he issued a citation to a bartender at Mr. Up's last week for furnishing alcohol to a minor. A citation is an order for a person to appear in court and is issued when an officer believes that someone broke a law.

Middlebury Police Chief Tom Hanley also confirmed that his department is working closely with the liquor investigation team.

The penalty, if convicted of furnishing alcohol to a minor, is up to two years in prison and/or up to a $2,000 fine. While Davidson stated that jail time is rare, he emphasized the seriousness of the offense for both the bartender and the restaurant as any licensed establishment must appear before the Liquor Control Board following such an incident. The Board can issue a range of penalties, from a warning to the revocation of a liquor license.

When reached by phone regarding the accusations, a Mr. Ups employee refused to comment.

According to Christopher Shea '06.5 who was at the bar the night the citation was issued last Wednesday, the liquor investigator arrived at Mr. Ups and began checking IDs of about half the people at the bar. He then escorted a few people out.

One underage student, who wishes to remain anonymous because of the sensitive nature of the issue, reported being issued a summons. The charge was minor in possession of alcohol.

Upon arriving at the bar with three other underage friends, the student stated that each person was carded by the bartender and that each person produced a false identification. The bartender refused to serve one person, but the three others were furnished with alcohol.

"There were a lot of underage kids [at the bar]," said the student. "I knew a lot of them." The student also stated that this was the second time ordering alcohol at Mr. Ups. The first time, a bouncer was checking IDs at the door and let the student and friends in after examining their IDs.

The summoned student stated that Davidson arrived at the bar shortly after purchasing a beer, approached the booth where the student and two friends were sitting and requested to see ID. The student produced a government issued driver's license obtained from a sibling which Davidson examined. Davidson then questioned the authenticity of the ID and threatened to fine the student $1,000 if it did not scan. The student conceded the ID was false and was escorted outside to Davidson's car where the student was further interrogated about which bartender had sold the alcohol. The student could not remember and refused to issue a written statement. The underage person was then released with a summons to appear in court.

Another of-age witness who wishes to remain anonymous confirmed that after checking IDs, the liquor investigator began speaking with the management and the bouncer. Shortly after, the witness stated, the bar stopped serving alcohol.

Davidson would not say whether he closed the bar or if he issued any punitive fine.

Police records suggest that this is not an isolated incident of underage drinking at Mr. Ups. Two weeks prior, a Middlebury police officer observed three males - two over the age of 21 and one underage - yelling, pushing and beginning to fight on Bakery Lane, according to police department records. The males were accompanied by two females - both underage - and all individuals were intoxicated. One underage female involved advised the officer that she and the other two underage individuals had been drinking at Mr. Ups earlier that night.

Andy Buxton, a bartender at Two Brothers Tavern, said that underage drinking "can happen anywhere" but he is not worried about it at his bar, despite the investigation. It is important, Buxton said, "to train staff to see things, not to over-serve, to catch people in groups and to watch people's reaction when carding."

"We're fully equipped, staffed and ready," he said.

Chief Hanley, however, cited a few serious problems associated with the downtown establishments, from not checking IDs to over-serving already intoxicated people. He pointed to a case last week in which an individual was detained after leaving a local bar, then passed out and began foaming at the mouth while in custody.

Hanley also emphasized an alarming trend of an increase in the number of fights involving both College students and town residents since September. Almost all incidents, Hanley said, have involved alcohol and occurred in the downtown area. Police records show the Department responded to 14 disorderly conduct calls and 17 calls for fighting since September. Five years prior, a time Hanley believes is consistent with the past four years as well, there were only four disorderly conduct incidents and two fights reported.

"This is a drain on our resources," Hanley said, referring to all alcohol related conduct issues which divert resources and officer time. Two weeks ago, an intoxicated and incapacitated College student was found by an officer walking down the middle of College Street, talking on her cell phone. Two officers were needed to transport the inebriated student to Porter hospital. While waiting to transfer custody of the student, a burglary was reported across town. While an arrest was made, "we don't need to be spending time with drunk College students. We would much rather be doing something else," said Hanley.