AUSTIN (KXAN) - The Texas Alcoholic Beverage Commission and Lustre Pearl have reached an agreement stemming from violations last year that led to the death of a 25-year-old man.
The bar will have the option of paying a civil penalty of $900 per day for 45 days in lieu of a suspension of their alcohol permit. The total penalty would be $40,500.
A representative with the Lustre Pearl said they will pay the fine.
If the fine is not paid, the bar's permit will be suspended for 45 days beginning Dec. 25, 2013. During that period, the Lustre Pearl would not be allowed to sell or serve alcoholic beverages or allow them to be consumed on the premises.
"We hope this communicates to other establishments that a permit is a privilege and with that comes responsibility," said Carolyn Beck with the TABC.
The violations stem from 2012 when Madeline Rackley, 25, drove her car into Lady Bird Lake after the TABC said the Lustre Pearl over-served her. Rackley and another front seat passenger were able to escape, but Ryan Whittington, who was sitting in the back, was not able to get out.
Rackley is due in court Thursday. She was charged with intoxication manslaughter.
"We are pleased that TABC agreed that revocation of our license was not appropriate in this case and that we have resolved this matter," the bar said in a statement. "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 they are also implementing a supplemental training program with licensed alcohol education instructors.
In addition to the suspension or civil penalty, the TABC says added conditions have been placed on the permit. 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.
“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.
The Lustre Pearl also said they have 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."
Sub-freezing temperatures are forecast to continue in many areas through Sunday morning. Combined with an overrunning moisture pattern and upper level disturbance, some light freezing drizzle or sleet may form Saturday into Sunday morning.
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Sub-freezing temperatures and an approaching upper level disturbance could combine to produce some patchy freezing drizzle or sleet Saturday and early Sunday morning.