Ruben”s Fish House chose not to appeal the revocation of its liquor license following the death of a patron due to alcohol poisoning.
Monday was the deadline for Ruben”s to either surrender its license to serve liquor or appeal the revocation to the Alcoholic Beverage Control Office of the Mississippi Tax Commission. Kathy Waterbury, Tax Commission spokeswoman, reported Ruben”s surrendered its license July 20.
Ruben”s was notified several days prior to July 20 its license was being pulled after an investigation by ABC enforcement agents concluded bartenders and management at The Loft, the bar located at Ruben”s, were negligent in contributing to the death of John Caldwell, 46, of Columbus, May 31. Caldwell engaged in a drinking contest with an off-duty bartender and died hours afterward from alcohol poisoning.
Ruben”s is free to reapply for its liquor license at any time, but a mandatory background investigation follows any request for licensure and Ed Morgan, Mississippi”s commissioner of revenue, would ultimately make the decision to grant or deny the request. If Morgan were to deny a request, the requesting business would have the option to appeal to the Board of Tax Appeals.
The owner and management at Ruben”s could not be reached to comment on the forfeiture of the liquor license.
The restaurant was found to be in violation of three policies: serving alcohol to a visibly intoxicated customer, having an intoxicated manager on the premises and allowing a customer to have control of a bottle of liquor. Liquor is allowed to be sold by the glass in Mississippi.
Manager Dylan Hicks, and off-duty bartender Joey Cox who participated in the drinking contest with Caldwell, have both been charged with selling/furnishing alcoholic beverages to an intoxicated person. The charge carries a maximum penalty of six months in jail and a $500 fine.
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