Restaurant’s alcohol permit revoked

Business appeals decision; state board agrees with order issued Aug. 28

BENTONVILLE — A state board has upheld the permanent revocation of the liquor license for Joe’s Italian Restaurant and Sports Bar in Bentonville.

The Alcoholic Beverage Control Board decided at a hearing Wednesday to revoke the business’ permit.

Mary Robin Casteel, agency director, ordered the revocation after an Aug. 28 hearing. The revocation took effect Sept. 13, but the restaurant appealed the decision to the board.

“They can stay open for business but they can’t sell alcohol,” said Scott Hardin, an agency spokesman. Hardin said the board voted 5-0 to uphold the revocation.

Casteel found Merci Polydore — the permittee for the restaurant— failed to cooperate by failing to attend a hearing she was subpoenaed to attend. Casteel found the restaurant’s management and staff repeatedly failed to cooperate with law enforcement and enforcement agents and intoxicated customers were repeatedly served at the restaurant.

The restaurant was also found in violation of agency rules for repeatedly allowing or being involved in disorderly conduct on the premises.

The restaurant was accused of failing to be a good neighbor in connection with a July 14 fight at the business between customers, management and security, according to agency documents. Rob Bacile, an enforcement agent, testified at the August hearing the July fight began in the restaurant, moved to the parking lot and two customers were knocked unconscious by two security staff members.

Nestor Correa testified he’s the manager of the restaurant, according to documents. Correa said he asked for three people to be removed from the restaurant, and he assisted in pushing two of the men out the door. He was then pulled outside and punched in the eye, according to the documents.

Correa said he went to the bathroom to clean his wounds and didn’t know how the men ended up unconscious in the parking lot, according to the documents.

Bentonville police officers Andrew Burger and Kyle Putnam testified in August about issues with the restaurant. The officers reported police had been called 52 times to the restaurant in 2018 and 18 of those involved intoxicated customers resulting in five public intoxication arrests; two late-night drunken driving accidents and one driving while intoxicated in the parking lot, according to agency documents.

Three of the calls were results of fights and two involved staff members, the officers said.

The officers said they repeatedly have issues with the restaurant refusing to cooperate with police. When they are called to the restaurant and ask to speak to Correa, they are told he’s unavailable or won’t speak with them.

The officers said two other people were injured July 14 at the restaurant.

Polydore’s husband, Gregory, testified in August

he and his wife are business partners and own the restaurant. He said he told his wife she didn’t have to attend the hearing because she didn’t know much about the business.

Gregory Polydore said he and his employees always cooperate with law enforcement, according to agency documents.

Hardin said the revocation

is permanent and the restaurant’s only remedy is to appeal to circuit court.

Merci Polydore also cannot have another permit in her name for two years, Hardin said.

“We fully support ABC guidelines and have had numerous public safety concerns at the location in question,” Bentonville Police Chief Jon Simpson said.