Local taverns cited by ABC

Since November, agents from the Virginia Alcoholic Beverage Control Board have made recurring visits to Culpeper's bars, spurring interest across the county about the fates of local watering holes.

Two local bars face possible hearings, and ABC has ordered the revocation of another's license, leaving residents to question the future of Culpeper's drinking habits at three establishments: Club XS, Lord Culpeper, and The Pub at Hazel River Inn.

Club XS
ABC agents Davis Lincoln and Stephen Jones began visiting Zachary Puller's Club XS on Brandy Road in early November. According to Puller, the agents visited six or more times in the months to follow, routinely looking for possible violations of ABC laws.

According to a document from the Staunton ABC bureau, Club XS faces five charges, the circumstances of which are confidential because a hearing before the board has yet to be docketed. However, ABC was able to provide general descriptions of the charges (according to the Code of Virginia), which include failure to keep complete and accurate records and defrauding or attempting to defraud the board.

At each visit, Puller said, the agents stayed for two to three hours, carefully examining the establishment and asking for records. But, he added, they never found anything problematic - or at least did not inform him.

"He tried to get me on a few things," Puller said, "but he couldn't, so he kept coming back. He was trying to find something."

Agent Jones explained that once a hearing is set for an establishment, the licensee is entitled to a 10-day notice of the hearing and charges. Because a hearing has yet to be set for Club XS, Puller has not received notification because the specific charges are not yet public information.

The Pub
In downtown Culpeper, The Pub at Hazel River Inn faces a similar situation. When asked about violations, manager Chris McCleary said the agent had not yet gotten back to them.
Hazel River owner Karen Stogbuchner defended her establishment, saying, "They weren't real major violations."

The charges against The Pub, according to the Staunton bureau, include violations of peace and good order, ceasing to qualify as a restaurant and failure to post the license conspicuously.

Stogbuchner said when an agent visited, a server told him the kitchen was closed and was unable to provide food, "which is never a good thing," she said. "The kitchen is never closed."
The violation of peace and good order, according to Stogbuchner, was a catch-22 of sorts.

"The police tell you to call whenever there's a problem," she said. "But I didn't know that if you called the police too often, then they report you to the ABC Board. If we ever had any little teeny problem, or saw something about to happen, we'd call the police."

Rumors have swept Culpeper about The Pub's violations, but Stogbuchner was adamant in denying them.

"(There is) absolutely no problem with underage drinkers," she said. "We card everyone. You have to have your I.D., no matter if you're 50."

Lord Culpeper
On South Main Street, Lord Culpeper Bar and Grille, formerly known as 401 South nightclub, is facing more concrete charges from the ABC Board, according to Jones and a 16-page transcript of a September 2007 hearing.

After that hearing, the board ruled in December to revoke owner Bo Chase's alcohol license, a decision he appealed. Chase, who refused to comment on the status of his business or the circumstances surrounding the violations, must appear before the board April 1 for an appeal hearing.

Until then, the license is still considered active, according to Kristy Marshall, ABC public relations specialist. However, the bar and grille remains closed.

At the September hearing, Chase faced seven charges ranging from failing to keep complete and accurate records to falsification of food and alcohol sales.

According to the report, Chase reported his total alcoholic beverage sales to be $196,691 in 2006, but a financial audit found the actual sales totaled $410,456 - underreported by $213,765.

Among other charges, the report also claims Lord Culpeper failed to meet the required 45 percent ratio of food sales to alcohol sales for four consecutive years and failed to file and pay state sales taxes on time for six months in 2006.

It says Chase purchased a faulty restaurant management system and was unable to properly track its sales, though the system is now functional.

Chase admitted in the report that "he had not managed the restaurant as much as he should have" and relied on other managers.

Catherine Amos can be reached at 825-0771 ext. 138 or .