AUSTIN -- State agents with the Texas Alcoholic Beverage Commission have reached a resolution with Lustre Pearl regarding the suspension of the bar's liquor license following a fatal wreck in 2012.
According to the TABC, the Austin bar's license will be suspended for 45 days, or in lieu of suspension, the business has the option to pay a fine of $900 per day for a total of $40,500. If the fine is not paid, the permit will be suspended for 45 days beginning December 25, 2013.
"In addition to the suspension or civil penalty, added conditions above and beyond those required by law have been placed on the permit," a press released stated. "One condition prohibits daily drink specials which include a beer and a shot combination for a set price. The second condition mandates that management maintain sufficient staffing levels required to effectively monitor the consumption of their patrons."
The recommendation to revoke Lustre Pearl's license came after a woman left the bar last year and crashed into Lady Bird Lake killing a passenger in her backseat.
Madeline Rackley is charged with intoxication manslaughter in the July 1, 2012 incident.
Jarrett Ryan Whittington, 25, a Texas State graduate and tennis player who worked for the United States Tennis Association drowned in the crash.
"We are suggesting that there was over-service, that they sold to an obviously intoxicated person,” TABC Captain Harry Nanos told KVUE back in March.
“Through the administrative process, the establishment was willing to work with the TABC and agree on measures that we believe if followed will protect the public,” said TABC Executive Director Sherry Cook. “A license or permit to sell alcohol is a privilege and with that privilege, there comes the responsibility to conduct business in a manner that safeguards the welfare, peace and safety of the public.”
Lustre Pearl released the following statement Wednesday afternoon about the TABC's resolution.
"We are pleased that TABC agreed that revocation of our license was not appropriate in this case and that we have resolved this matter. We have revised and improved our 'Responsible Alcohol Use' policy and have strict expectations of employees while on duty. All bar employees are required to be trained and certified by the TABC and we are also implementing a supplemental training program for our employees with licensed alcohol education instructors. In addition, we’ve begun some strategic partnerships with non-profit organizations on issues related to the responsible use of alcohol to create a greater awareness among its customers and employees."
Lustre Pearl told KVUE News Wednesay they are open for business, and they plan to pay the fine.