[T]he owners of a tavern and restaurant on Lake Bomoseen in Castleton have lost their liquor licenses and been fined $15,000 in the aftermath of a car crash in March that claimed the lives of three people.
The Liquor Control Board said in a decision Dec. 1 that Fishtail Tavern violated regulations that prohibit the sale of alcohol to people who are visibly intoxicated or who the employee believes would be under the influence based on how much they’ve already been served.
Fishtail Tavern and the Trak-In Restaurant are part of a larger seasonal resort known as The Edgewater, owned and operated by Rosemary Poremski Rogers and her brother Bernard Poremski Jr. However, according to the Department of Liquor Control, the bar and restaurant were in fact being run by Rogers’ son David Rogers, though he was not on the payroll or a registered employee. David Rogers did not testify during the board’s hearings.
“One of the biggest problems — one of the regulatory violations that usually leads to the biggest problems — is over-service of alcohol.”
Michael Davidson, liquor control investigator
According to the Department of Liquor Control’s records, The Edgewater had been cited in the past for selling alcohol to minors, serving intoxicated people and giving complimentary drinks to customers. In 1999 and 2005 the board voted to suspend The Edgewater’s liquor license for several days because of regulatory violations.
“One of the biggest problems — one of the regulatory violations that usually leads to the biggest problems — is over-service of alcohol,” said Michael Davidson, an investigator with the Liquor Control Board in Addison and Rutland counties.
According to authorities, Andrew Laramie, 26, of Castleton, Caleb Kinney, 24, of Fair Haven, and Samantha Forrest, 23, of Castleton, left Fishtail Tavern early on March 19 in Laramie’s 2006 Saab sedan after spending the evening drinking there. They were the last customers to leave, according to the Department of Liquor Control investigation.
Laramie’s overturned vehicle was found later in a ditch a few miles from the tavern, with all three occupants dead.
Toxicology tests showed that at the time of death all three had blood alcohol levels well above the legal limit to drive. Laramie, who was driving the car, had a blood alcohol content of 0.18 percent. In Vermont the legal limit for most drivers is 0.08 percent.
The Liquor Control Board later determined Kinney had purchased and consumed seven whiskeys on the rocks, one draft beer and a shot on the night he died. According to a bar tab, Laramie purchased five drinks.
Another patron said both men drank as many as eight “Jäger Bombs” — a potent combination of Jägermeister and Red Bull — but a bartender disputed that.
The patron’s account was relayed by the investigator because the patron — who was being evicted from an apartment owned by Rosemary Rogers — did not appear at the hearing even though he was under subpoena.
The investigation into The Edgewater actually began the night of March 17-18 when two bartenders called police after a highly intoxicated patron threatened to drive away.
“The investigation was in its infancy,” said Bill Goggins, director of the Liquor Control Board. “It went into full focus after the tragic accident.”
Quinn O’Reilly, who drove a van for Castleton University’s safe ride program, said Fishtail Tavern was a favorite among students. He said that on St. Patrick’s Day he made multiple trips back and forth from the bar in the 12-passenger van.
“They were very popular,” O’Reilly said. “Lots of people would go there.”
The investigation focused on when Laramie, Kinney and Forrest left the tavern. After weighing conflicting accounts, investigators put the time at 1:48 a.m.
Ryan Lewis, a bouncer who arrived at 9 p.m. for his shift, testified that he saw the three get into Laramie’s car after they left at 1:48 a.m. He also testified that they were “displaying no signs of intoxication” other than Kinney’s occasional slurred speech.
Another person said she had seen Forrest in the parking lot after 2:30 a.m., but authorities concluded this was highly unlikely given the cold weather and the fact that when Lewis left for the night he reported seeing no vehicles.
The crash was not reported until after 4 a.m., and time of death was inconclusive. However, the first rescue worker on the scene said the vehicle was cold and the bodies had been there “longer than probably an hour.”
“He observed that rigidity had set in,” according to the investigation.
Rosemary Rogers disputes that the three left the parking lot at 1:48 a.m. and said it’s unclear what happened between that time and the crash. “We don’t know what happened between those hours,” she said.
In a previous ruling, the board sanctioned the owners for failing to comply with an order to turn over records related to the business, including all invoices covering the purchase of alcoholic beverages and financial documents covering a period of two years.
The first request for those documents was made about two weeks after the accident.
The owners’ liquor license was suspended for 30 days pending the board’s full investigation and order. The Edgewater’s owners did not appeal the suspension or provide the requested documents.
Rosemary Rogers said she hadn’t had time to consider the fine and whether they’ll pay it or appeal the decision to the Supreme Court. According to Goggins, businesses rarely reapply for a license once it’s been revoked. It would be up to the board whether to issue another license.
Asked if they planned to keep running the restaurant and tavern, Rosemary Rogers said they hadn’t made a decision yet. “I don’t know what we’re going to do, to tell you the truth,” she said. “We’ll decide things after the holidays.”
