Bars keep licenses, pay fines

By Kevin Killough
Staff writer

GALLUP — Three bars in Gallup prosecuted under the state’s three-strikes policy will not lose their liquor licenses.

King Dragon, Silver Stallion, and Paramount Liquors all wracked up more than three citations for selling to minors or intoxicated people within a 12-month period. Under the policy, the licensees faced revocation of their license. Each establishment mounted an aggressive defense and were able to get enough citations dismissed, leaving each with only two violations upheld.

“They were defended vigorously,” Superintendent of the New Mexico Regulations and Licensing Department Kelly O’Donnell said.

The bars were ultimately fined $5,000 each and must close for eight days. O’Connor described the outcome as a serious financial penalty against the establishments.

Gov. Bill Richardson enacted the policy in 2003 as a means to combat DWI. It specifically targets violations of sales to minors and sales to intoxicated people, which O’Donnell said contribute heavily to DWI compared to other possible violations. Any licensee that gets a total of three violations within a 12-month period faces revocation under the policy.

It’s still possible that any of the three may still face revocation in the future. Other citations have been issued to the three, while prosecution for the original offenses continued.

“All three have continued to rack up violations,” DWI Czar Rachel O’Connor said.

If any of the subsequent citations are held up in court and a total of three upheld citations fall within a 12-month period, including the original two that have currently been upheld, the bars could still lose their license under the three-strikes policy.

“As long as we can get three citations upheld in 12-month period, we can still look a revocation,” O’Donnell said.

O’Donnell said that the Regulation and Licensing Department was pleased with the outcome. Although the establishments did not face the ultimate penalty, the department learned a lot from the process of pursuing three-strikes, O’Donnell said, which will help them pursue the policy more effectively in the future.