Archive for Thursday, February 10, 2011

Former Baldwin bar manager enters no-contest plea to serving alcohol after hours

February 10, 2011

A former manager at a Baldwin City bar pleaded no-contest Wednesday to one misdemeanor count of serving alcohol after hours.

Prosecutors agreed to drop a second charge against Douglas S. Delaney, 51. James McCabria, an assistant Douglas County district attorney, said a police officer observed two bottles of beer on the counter at 3:30 a.m. June 13 at The Salt Mine, 301 Ames St. The officer said he saw a woman inside drink from one of the bottles and Delaney holding onto a bottle, although he didn’t see Delaney drink from it, McCabria said.

It is illegal for a drinking establishment to permit the serving or consumption of alcohol on its premises between 2 a.m. and 9 a.m., according to prosecutors.

During a hearing on Monday, Delaney contended he and an employee were cleaning up after a busy night. He faced the same charge for an Aug. 21 incident, but prosecutors agreed to drop it.

The Baldwin City Police Department in December identified Delaney as an owner of the bar, but McCabria said Delaney told the officer he was a manager. The state’s Alcoholic Beverage Control online directory Wednesday listed the owner as Michael A. Magers. According to the ABC, the establishment was assessed $600 for the two incidents.

“As a result of this, I have resigned my position there, so it’s not to have an effect on the business at all,” Delaney told District Judge Sally Pokorny. “I’m sorry. I don’t know what else to say.”

Pokorny ordered Delaney to pay a $100 fine plus $155 in court costs.

Comments

BaldwinDad 3 years, 9 months ago

Does anyone else think this was a waste of our tax money?

Did anyone feel safer because he was ticketed and fined?

I'm just trying to recall wasn't our legal system supposed to be based on the idea of keeping us safe or punishing those that injury a third party?? If someone could please point out to me who was the victim here? I mean who suffers if the owner and an employee have a drink after hours?

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TheOnlyGreyghost 3 years, 9 months ago

I agree in theory--probably no one would have been harmed by these employees having a couple of after-work drinks. Maybe the cop would agree, too. But if the cops were to suddenly start enforcing only the laws they personally deemed logical and necessary, we'd have a mess on our hands very quickly. If he was checking in on the place and caught them drinking, he probably had no choice but to charge Delaney with the violation.

Delaney undoubtedly knew what the law said on the subject and, in violating it, could have brought down a lot of trouble on the establishment, as well as on himself. This does not show the best judgment.

While I'm somewhat sympathetic toward his plight, I can't see that it's anyone's fault but his own. It's pointless to blame the officer, who was just doing his job.

If you really feel that the law is unfair and unnecessary, write to Topeka! The way to deal with bad laws is to work at getting them changed. But if you start asking around, you might find that this particular law does have some merit that you (or I) haven't thought of yet.

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BaldwinDad 3 years, 9 months ago

I agree with writing Topeka and I do on several issues like this each year, I just like to alert other people to insanity that is are so called Justice System.

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hdlady 3 years, 9 months ago

Fom what I undarstand he had several warnings before he got ticketed.

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