Special Reports

9 Investigates: Some bartenders continue to serve to intoxicated customers

CHARLOTTE, N.C. — Bartending in North Carolina comes with big responsibilities.

"It is against the law to serve alcohol to someone who is intoxicated," said Chief Mike Crowley with Mecklenburg County's Alcoholic Beverage Control.

Crowley's officers are trying to stop over-serving and Eyewitness News went along as undercover officers investigated several businesses they said they've received complaints about.

One of them is the Kilted Buffalo in Huntersville.

The undercover officers said they didn't spot any over-serving, but another big concern was captured on camera when an agent was able to walk out of the bar with an open beer, which is a violation of regulations.

Investigators also said the owner and an employee were drinking and working at the same time -- another license violation.

CLICK HERE to read the full N.C. law about selling to an intoxicated person.

Investigators went in and asked the owner to step outside.

"We've had multiple people walk out of your establishment with alcohol in hand," said Officer Tony Chesser.

No criminal charges were filed, but the Kilted Buffalo now faces a license violation before the ABC Commission.

"The bar can receive a fine from the ABC Commission up to they could lose their license, their privilege to serve alcohol," Crowley said.

On Mount Holly Huntersville Road, officers entered T's Fat Parrot shortly before the 2 a.m. last call.

They became so concerned about two customers who they said appeared so intoxicated that officers decided not to let the couple drive their car.

"If you can get someone to come and get you, great. If not, we'll get a cab over here to come and get you," Chesser said.

Chesser said their tab showed more than a dozen drinks.

"They purchased nine Bud Lights, four Pabst Blue Ribbons and two Jager bombs, which are shots of liquor," Chesser said.

ABC officers charged the bartender with the crime "selling to an intoxicated person," a misdemeanor that could cost Dudley Charles Barton his job if convicted.

According to North Carolina law, anyone guilty of an alcohol offense cannot work in an establishment that sells alcohol.

Because the bartender was charged, T's Fat Parrot also faces a state alcohol violation.

"Last year in 2012, we had 79 (motor vehicle) fatalities in Mecklenburg County. Thirty-six of them were alcohol-related," Chesser said.

They're trying to reverse those statistics with a crackdown and free classes.

Owners of Texas Roadhouse in Matthews bring the ABC in twice a year to train bartenders not to over-serve.

"We give you a great quality drink, but we don't want you to have more than two," said owner John Huffman.

Police tell Eyewitness News they will work undercover more often, pushing their message of alcohol safety so no one else has to learn the hard way.

Eyewitness News contacted the owners of both bars, but they did not want to comment.

Both will have hearings with the state ABC, which WSOC was told can take several months.

That bartender who was charged with over-serving will face a judge at the end of March.

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