ALRC recommends nonrenewal of Red Rooster licenses after intoxication and overservice allegations tied to fatal crash

The Alcohol License Review Committee voted to recommend that the Madison Common Council not renew the Red Rooster’s combination alcohol and entertainment licenses after Assistant City Attorney Amy Zillavy presented a formal nonrenewal complaint alleging overservice, after-hours service and other violations related to a December incident.

Zillavy told the committee the December episode involved a bar manager who had consumed multiple alcoholic drinks and was ‘‘stumbling, falling down, repeatedly stumbling, obviously seriously intoxicated,’’ and in spite of that showed continued service. The manager later drove and struck other vehicles, and one of those collisions resulted in a death, Zillavy said. She told the ALRC she drafted a nonrenewal complaint after reviewing police reports and recent Department of Revenue site findings that included bottle and wholesaler violations.

Licensee Tim Paine, the registered agent for the Red Rooster, appeared and entered a partial admission. Paine told the committee, "I went home early, and somebody died," acknowledging the tragic outcome. The licensee admitted the December allegations referenced in the complaint but denied two paragraph allegations arising from a November 27 incident; city counsel agreed to proceed without those two paragraphs so the ALRC could act on admitted facts.

Alder Figueroa Cole moved to recommend nonrenewal of both licenses to the Common Council; the motion was seconded. The committee took a roll-call vote: Alder Glenn — yes; Alder Figueroa Cole — yes; Alder Oliver Veer — yes; Vice Chair Ruth Westra — no; Chair Boroshock — abstain. The recommendation passed by a 3–1–1 vote.

Assistant City Attorney Zillavy told the committee the complaint was filed because police reports and other documentation reflected “gross mismanagement of the establishment to allow this type of activity to go on,” culminating in an event that led to a fatality. The committee discussed next steps and timing; members noted the Common Council item was on the council agenda and that the licensee may appeal the ALRC recommendation at the council hearing.

Committee action

- Motion to recommend nonrenewal of the Red Rooster’s combination alcohol and entertainment licenses to the Common Council. Mover: Alder Figueroa Cole; second: Vice Chair Westra. Outcome: recommendation adopted (roll-call vote 3 ayes, 1 nay, 1 abstention).

What happens next

The ALRC’s recommendation will be forwarded to the Common Council for consideration. The licensee may present arguments or appeal at the council hearing; the city clerk will notify the licensee of procedural steps and any signage requirements if nonrenewal is adopted by the council.