Moving liquor lands POA in hot water with the state ABC

Preparing for an opening, that was later delayed, got the Bella Vista Property Owners Association into trouble with the Arkansas Beverage Control Commission.

On June 14, two ABC Enforcement agents inspected the Highlands Clubhouse and found liquor there but no corresponding receipt. An employee was questioned and it was revealed that the liquor had been moved from the Lakepoint Restaurant and Event Center to the Highlands Clubhouse.

The Clubhouse was set to open a snack bar with alcoholic beverages available. The ABC permit for the Highlands, as well as the permit for Lakepoint, are in the name of POA business development director Tommy Lee. According to a statement from POA General Manager Tom Judson, moving the liquor was a mistake. Employees were trying to ensure the Clubhouse was ready to open.

According to a violation report filed with the ABC, Lee had traveled to Little Rock on June 9 to pick up the Highlands permit. June 9 was a Friday and Lee called an ABC Enforcement Agent and explained there would not be time to accept a delivery when he returned with the permit, according to the report. Lee asked if he could move alcohol from Lakepoint to the Highlands and was told no.

On June 12, the ABC received an anonymous call saying there was liquor delivered from Lakepoint to the Highlands. The inspection was two days later.

When Lee was contacted by the ABC agent, he told them the

liquor had been moved before he called to ask about the legality of his plan. When he realized it was illegal, he planned to lock it in a closet until he could return it to Lakepoint.

On Monday, Mary Robin Casteel, director of the ABC, said she had not yet read the report but typically it will take two to four weeks for the ABC to write an offer of settlement that will include a proposed penalty. Then the permit holder can either accept the offer or ask for a hearing.

Penalties can range from $100 to $1,000.

As they compose the offer, her staff will consider the history of the licensee and the complexity of the state’s regulations. If it seems to be an honest mistake, that would influence the settlement offer, she said.

The POA holds seven permits and each one is different, Judson said.

In a written statement, Judson said, “We understand Arkansas has ABC regulations that are different from other states where some of our employees have more experience. We are committed to following

all Arkansas ABC regulations and we have asked our senior managers to sign statements that they will do so to the best of their ability.”

There will also be some training on Arkansas regulations and on “our commitment to doing things right, including processes for correcting mistakes as quickly, effectively, and transparently as possible.”

If a fine is imposed, the staff responsible for the violation will reimburse the POA, he said.

The opening of the snack bar has been postponed until September because the golf course is being closed for renovations. The snack bar will open when the golf course reopens. That decision was made during the June 15 board meeting.