Hearing held on Lucky’s license

NEWPORT – Some witnesses appearing Friday before a state liquor licensing panel told of being beaten and Maced at Lucky’s Tavern, while others described a horrific car accident in which a patron of the bar drove his car into a house, was ejected and then trapped beneath the car.

Despite receiving five bags of intravenous fluid during emergency medical treatment en route to Eastern Maine Medical Center in Bangor, the accident victim’s blood alcohol level at the hospital tested 0.29, Maine State Police Trooper Forrest Simpson stated – more than three times the legal limit.

The hearing, which lasted more than eight hours, was for an appeal by Lucky’s owner Paul LaChance of Newport of the denial of his liquor license on March 1. At the time of the unanimous denial, Newport selectmen cited a pattern of violent behavior at the bar along with LaChance’s failure to stop serving already intoxicated patrons.

More than 45 people initially showed up at the hearing, held at the Newport town office, but by noon that number had dwindled to 12.

Newport’s attorney, Ed Bearor of Bangor, paraded a half-dozen witnesses before the panel Friday in an attempt to justify the town’s action.

That testimony was countered by LaChance’s attorney, Paul Sumberg of Skowhegan.

Sumberg said the Newport Board of Selectmen based its decision to deny the license renewal solely on a three-page report brought to them by Police Chief Leonard Macdaid. At the top of the report, Macdaid had noted “48 contacts,” while the report documented only 20 potentially criminal incidents.

Sumberg argued that Macdaid misled the board into thinking that all 48 contacts were criminal. Some of them, in fact, were simply responses to alarms, a report by a taxi driver that he didn’t get paid, and a lost ring, Sumberg said. He said that when the police reports themselves were scrutinized, of the 10 arrests for operating under the influence attributed to Lucky’s in the past nine months, a police officer actually saw the cars leave the bar in only two of the cases.

“The board didn’t have the full background of each contact,” Sumberg said.

In addition, Sumberg said, cans of beer, containers of coffee brandy, and medications were found in the vehicles stopped for OUI. He repeatedly questioned Macdaid about how the officer knew where those stopped for drunken driving had consumed the alcohol, hinting the drinking could have been done in the vehicle after leaving the tavern.

Sumberg also pointed out that in one case, after a driver was arrested for OUI, the police officer gave the passenger a lift to the bar. Sumberg questioned why LaChance was being held responsible for some situations that were completely unrelated to his operation of the bar and out of his control.

“How can it be the fault of Lucky’s Tavern if a man gets dropped off by a taxi at the bar and doesn’t pay for the ride?” Sumberg asked Macdaid.

Through nine witnesses, Bearer attempted to show that LaChance operated his tavern irresponsibly and that he participated and sometimes initiated some of the violent incidents.

Referring to a January incident that has resulted in LaChance and an employee being charged with assault, a case that is still pending, Todd Whitaker of Hermon said, “It was a free-for-all.”

Whitaker described being Maced in the face by LaChance and his employees, who then reportedly held him on the floor and repeatedly kicked him. After Whitaker allegedly was picked up and tossed outside, he said he asked LaChance for his debit card, and LaChance Maced him a second time. Whitaker, who Sumberg pointed out had three or four assault convictions, said that he was attacked as he was attempting to leave the bar.

The panel listening to the testimony consisted of Lt. Patrick Fleming, representing the Maine Department of Public Safety; attorney Michelle Robert, representing the liquor licensing division; Jeffrey R. Austin, supervisor of liquor licensing; and Tony Austin, public safety inspector.

Before the hearing, Jeffrey Austin said the panel would listen to all testimony provided, create a transcript and take a month or more to reach a decision.