The Dark Horse Lounge would lose its liquor license for a week in September that includes the Labor Day weekend, under a settlement introduced tonight by a 3-2 vote of the Morristown council.
If approved at the council’s Aug. 10 meeting, and if no further complaints are filed against the Dark Horse over the next year, the deal would close the book on nine alleged violations dating to late 2008 and early 2009.
Councilwoman Rebecca Feldman cast the decisive vote, scrapping her opposition after insisting that the suspension cover the busy Labor Day weekend. The initial version worked out between lawyers for the bar and the town called for a Sunday-Thursday suspension in August, when business is slow anyway.
“I wanted to be sure the public sees that we do take our laws seriously, and we expect holders of alcohol licenses to obey the law,” the councilwoman said. “Parents should feel safe when college students come to town.”
“I’m glad it’s over with. It’s a learning experience,” said Bill Walsh Sr., patriarch of the family that owns the Dark Horse Lounge.
Voting with Rebecca Feldman were Council President Anthony Cattano Jr. and Councilman James Smith. Councilwomen Alison Deeb and Raline Smith-Reid voted against the settlement. Council members Michelle Harris-King and Kevin Gsell were absent.
Combined, the alleged violations carried the potential for a license suspension of 245 days, plus another two years of ineligibility for reinstatement, according to legal papers filed by the town last year.
The bar’s owners agreed to plead guilty to two violations: Allowing unlawful drinking, and conducting an unauthorized “all you can drink” raffle.
Proving the other allegations–which involve alleged underage drinking and failure to contact police about bar fights–would be costly and difficult for the town to prove, argued Robert Williams, attorney for the Dark Horse. He negotiated the initial deal proposal with Municipal Prosecutor Robert Rudy III.
Robert Williams said the bar has cooperated with police, beefed up security, given staffers training to intervene in altercations, and contributed $1,500 to an escrow fund to pay for police overtime if needed.
No problems have been reported at the Dark Horse over the last year, the lawyer said, asserting that a lengthy suspension would hurt the bar’s 17 employees. Violations over the next year would bring an additional suspension of 10 days of license under the settlement, but it was unclear tonight exactly what kind of violations would trigger that penalty.
Rebecca Feldman questioned the bar’s new security measures, and whether $1,500 would cover police overtime. She and Alison Deeb bristled when Robert Williams reminded them that the Walsh family, which holds ownership stakes in the Dark Horse, Sona Thirteen and Tashmoo in Morristown, already donated $35,000 for police overtime, to cover the rain date for this year’s Morris County St. Patrick’s Day Parade.
“The charges to me are very serious,” said Alison Deeb, whose Fourth Ward includes the Dark Horse.
Last year, she and Raline Smith-Reid opposed a 30-day suspension as too lenient.
“I don’t want to make an example” of them, Raline Smith-Reid said tonight. “I want to do what’s fair. I don’t think five days is fair.”
The town’s complaint cited these alleged violations:
- On Nov. 21, 2008, police responded to a report by a female who said her face was scratched in a fight at the Dark Horse; the bar failed to report the incident and hindered the investigation.
- On Dec. 14, 2008, a female patron told police her hand was cut during an assault in the Dark Horse; again, the bar failed to contact police and was uncooperative during the investigation.
- That patron was under the legal drinking age.
- On Jan. 4, 2009, an “all you can drink for $20” promotion violated state law.
- An “all you can drink” raffle that night violated two more state regulations.
- On Jan. 18, 2009, police responded a fight in which several persons were injured; again, the bar failed to contact police and was uncooperative.
- Another under-aged person was served on that night.
- On Feb. 20, 2009, an “open bar party” advertised on Facebook violated a state law.
“The key word is ‘alleged’ here,” said Billy Walsh Jr., another partner in the family bar business. “None of this has ever been proven.”
