State Eyes Watering Holes That Over-Serve Alcohol

SPOKANE - Many bars in Washington pour more than liquor; they're pouring drunken drivers into the streets.

There is little state regulators can do to stem the flow.

In a recent 12-month period, 5,558 people arrested for drunken driving in Washington said they took their last drink at one of the state's 11,000 licensed liquor establishments.

The actual number is likely far higher. Many of the 41,000 people arrested for drunken driving in a typical year refuse to say where they drank or lie about the location.

"They say they were with friends or nowhere," said Chris Powell, spokesman for the Washington State Patrol in Spokane. "They're trying to protect an establishment."

The state Liquor Control Board says its 65 agents are hard-pressed to enforce laws intended to prevent bartenders from serving obviously drunken patrons. But police reports serve as a tip sheet, alerting the agents to the establishments named by drunken drivers.

For the year ending last April, For Pete's Sake in Oak Harbor was mentioned 28 times by arrested drunken drivers, according to records analyzed by The Associated Press.

The Whidbey Island bar topped the list of 2,065 liquor establishments that drunken drivers identified as the source of their last drink before they hit the road.

After For Pete's Sake, the top five establishments mentioned during the 12-month period were Bart's in Longview, with 24 reports, the Hi Five in Fife and J.A. Michael's in Port Orchard, with 23 each, and Swackhammer's Restaurant in Spokane, with 22.

Fifty-two drinking establishments - including Seattle's Kingdome - were named at least 10 times in the 12-month period.

The penalties for serving drunks are not great.

For Pete's Sake was fined $250 last year after an undercover investigation found one obviously drunk customer being served liquor.

The reasons for the modest penalty are complex.

For one thing, just being mentioned by a bunch of drunken drivers is not sufficient grounds for a fine. Such mentions are considered hearsay evidence and offer no proof that a law was broken.

"We use this information as a red flag to tell us there might be a problem with the establishment," said board spokeswoman Gigi Zenk.

The liquor board first tries to work with a business. They hold training sessions to show a bar's staff how to recognize signs of drunkenness: unsteadiness, mood swings, slurred speech, a blank expression. They urge staff to call cabs for patrons who are obviously drunk.

They also teach them how to cut off drinkers who've had too much without starting a conflict, said Carter Mitchell, spokesman for the Liquor Control Board.

If the cooperative approach fails, undercover agents are assigned to watch for over-serving, so a business can be disciplined, Mitchell said.

In the past year, the board issued 598 "corrective actions," generally verbal or written warnings against liquor businesses. Of those, 182 eventually became fines or license suspensions because of over-serving, Mitchell said.

In extreme cases, a bar could lose its license. The board typically revokes about a dozen licenses a year for different reasons, including over-serving and serving minors, Mitchell said.

The minimum penalty for over-serving is a $250 fine or a five-day license suspension. In documents studied by AP, most bars got the minimum penalty and most opted to pay the fine. Penalties can be increased for repeat violations.

Drunken-driving arrests have fluctuated in Washington in the past five years: 38,000 in 1991; 45,000 in 1993; 37,000 last year. Fatalities involving drunken drivers fell from 271 in 1991 to 207 last year, according to the Washington Traffic Safety Commission.

There is no way to determine how many drunken-driving deaths were caused by people who were over-served at particular bars.

But activists seeking to reduce drunken driving say the Liquor Control Board should do more with the reports of where drivers drank.

Some victims try to seek damages from bars. One such lawsuit, filed in Spokane recently, accuses the owners of Outback Jack's World Famous Kangaroo Club of being negligent in selling alcohol to James Barstad, who subsequently ran a red light, killing two people and injuring five.

Outback Jack's, mentioned seven times in the Liquor Control Board reports in the past year, denied its employees were negligent.

Barstad also faces first-degree murder and vehicular-homicide charges in the May incident; his trial is scheduled to begin Tuesday in Spokane County Superior Court.

Jim Bostad, president of Mothers Against Drunk Driving in King and Pierce counties, believes the names of bars mentioned by drunken drivers should be widely publicized.

"I'd like to see them put it in the paper," he said. "We need to be aware where big drinkers come from."

Bar owners, meanwhile, say it's not easy to police their clientele.

"A lot of them come in pretty much drunk," said Vicki Braicks, owner of For Pete's Sake. "It's hard to observe how much they had."

In Washington, a blood-alcohol level of 0.100 constitutes intoxication under the law.

The average blood alcohol level of those arrested in the reports analyzed by AP was 0.166. For a 160-pound person, that condition can be reach by drinking nine beers - or other drinks containing the same ounce of alcohol - in an hour.

Associated Press reporter Hal Spencer contributed to this story. ----------------------------------------------------------------- ESTABLISHMENTS OFTEN MENTIONED AP

Here are the liquor establishments mentioned at least 10 times between April 1995 and April 1996 by drunken drivers who told officers where they drank before they were arrested.

List includes the name of establishment, the city and the number of mentions:

1. For Pete's Sake Steakhouse, Oak Harbor, 28. 2. Bart's, Longview, 24. 3. Hi Five, Fife, 23. 4. J.A. Michaels Restaurant, Port Orchard, 23. 5. Swackhammer's Restaurant, Spokane, 22. 6. Sharky's Beach Bar, Seattle, 21. 7. Sparky's Restaurant, Shoreline, 21. 8. Danny's Midway Pub, Marysville, 19. 9. Village Inn Pub, Bellingham, 18. 10. Cariboo Motor Inn, Okanogan, 18. 11. Da Vinci's, Kirkland, 18. 12. Mongolian Grill and Lounge, Lacey, 17. 13. Jim Manning's Doo Wop Diner, Shelton, 16. 14. Krickett's Family Restaurant, Tacoma, 15. 15. Lucky Fortune Restaurant, Vancouver, 15. 16. H.D. Hotspurs, Kent, 15. 17. Cathay Palace, Oak Harbor, 15. 18. Details Grill and Bar, Kennewick, 14. 19. Trophies Sports Broiler, Kelso, 14. 20. Kingdome, Seattle, 13. 21. Royal Bear, Algona, 13. 22. Venue, Bellevue, 13. 23. Blue Dolphin Restaurant, Oak Harbor, 12. 24. Caruso's Wilderness Inn, Maple Valley, 12. 25. Charlie Mac's, Shoreline, 12. 26. Cheers West, University Place, 12. 27. Drift on Inn, Shoreline, 12. 28. King Cole's, Colville, 12. 29. Los Amigos, Pasco, 12. 30. Swinomish Restaurant, Anacortes, 12. 31. Taps N' Tabs, Kirkland, 12. 32. Thadius T. Thudpuckers, Spokane, 12. 33. Goodtymes Pub, Spokane, 11. 34. Happy Family Restaurant, Battle Ground, 11. 35. Jasper's, Kent, 11. 36. King's Palace Restaurant, Fife, 11. 37. Odies Food Factory, Grandview, 11. 38. Pizza Lu's, Camas, 11. 39. Porkys Pub & Eatery, Arlington, 11. 40. Raden's Steak, Seafood House, Auburn, 11. 41. Thekla, Olympia, 11. 42. Victor's, Seattle, 11. 43. Waldo's, Kirkland, 11. 44. Amer. Legion, Whidbey Pst 141, Langley, 10. 45. Best Western Executive Inn, Fife, 10. 46. Cascade Rest, Pizza Inn, Mount Vernon, 10. 47. Dark Horse Inn, Sunnyside, 10. 48. Dixie Reds, Bellingham, 10. 49. Fenix Underground, Seattle, 10. 50. Hong Kong Garden Restaurant, Clinton, 10. 51. Little Red Barn Restaurant, Rochester, 10. 52. Mustard See Too Tavern, Bellevue, 10.