Legion closed for week for overserving
By Christian Avard
Staff Writer | April 25,2013
LUDLOW — The Department of Liquor Control suspended an American Legion’s liquor license Friday for overserving a customer in February who was later arrested for driving under the influence.
The suspension expires today and the establishment is expected to reopen Friday.
William Goggins, director of education, licensing and enforcement, said the infraction was an anomaly and the Ballard Hobart Post No. 36 American Legion in Ludlow has a clean record spanning many years.
“There have been some infractions in the past, but not a lot,” Goggins said.
The American Legion was in violation of two regulations: No alcoholic beverages shall be sold to a person displaying signs of intoxication and the licensee shall not serve alcoholic beverages to a person that would render it unsafe or illegal to undertake normal and expected activities upon leaving the premise, according to Goggins. The violation occurred Feb. 10 and the DUI arrest was in Chester, according to the Department of Liquor Control report.
According to investigator Ladd Wilbur, eyewitnesses said Elaine Comstock of Reading was passed out in her car that was parked on the side of a road. Comstock was unable to tell Chester Police who she was and questions directed toward her were met with a blank stare,” according to Chester Police Detective Matt Wilson.
Comstock later told police she was heading home from the American Legion and “had three small glasses of wine” and “shouldn’t have been driving,” the report said. Comstock was taken to Chester Police barracks and attempted a breathalizer test but “her intoxication was too great,” according to Wilson.
American Legion bartender Marica Moore “remembered serving” Comstock at the American Legion on Feb. 10. Comstock drank four glasses of wine and water and “seemed fine,” according to the report.
Jon Moore, a patron at the American Legion, asked Comstock if she was OK before she left the bar. Moore said Comstock was not falling down or stumbling but thought “she was showing signs of intoxication,” Wilbur wrote.
A violation was issued to American Legion Commander Edward Bowen on Feb. 27, the report said. A call to Bowen at the American Legion was not returned.
Comstock pleaded innocent at her arraignment Feb. 12 at criminal court in White River Junction. A calendar call has been set for May 8.