The Daily Tar Heel

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Tuesday January 31st

He's Not, La Residence receive notices of ABC violations

Notices of alleged violation were sent on Sept. 2 to both He’s Not Here and La Residence — the two businesses where UNC student Chandler Kania drank alcohol underage before hitting a car head-on and killing three people in July.

Each business was given an offer in compromise by the ABC Commission, which is the commission’s suggestion for punishment, the first step in attempting to settle the matter.

Agnes Stevens, spokeswoman for the N.C. ABC Commission, said in an email that the business can always choose to have a hearing before an administrative law judge instead of taking this offer in compromise.

“Most often it gives a business the option of paying a fine or serving a period of time when it cannot sell alcohol,” she said. “Sometimes the offer is for the business to surrender permits permanently rather than have them revoked.”

The latter is the proposed compromise for He’s Not.

The compromise for He’s Not stated that the bar should surrender their ABC permits on or before Nov. 6, according to the document.

For La Residence, the ABC proposed a softer compromise in comparison.

The commission proposed that La Residence’s ABC permits should be suspended for 50 days starting Nov. 13, or they could pay $5,000 before Nov. 6.

Both businesses’ employees failed to determine the ages of Kania and several other underage people and sold alcoholic beverages to a person less than 21 years old.

Both businesses’ managers were in violation of allowing people under 21 to purchase alcohol, as well.

Stevens said the permit holder can discuss the offer with legal staff and the offer can be revised.

“If the permit holder and the commission cannot come to an agreement, the matter goes before an administrative law judge,” she said. “Offers in compromise and rulings by administrative law judges come back before the commission at its monthly meetings to be ratified.”

La Residence has settled four previous ABC violations dating back to 2004, resulting in suspensions and payments totaling $5,600, while He’s Not has only settled one previous violation from 2014, resulting in a 15-day suspension and a payment of $1,500.

A manager of He’s Not, who did not give his name, had no comment.

The owner of La Residence could not be reached for comment.

Jeff Lasater, special agent for the Alcohol Law Enforcement, said their involvement is limited to criminal charges and now the rest is up to the ABC.

Kania’s next court case is scheduled for Sept. 25.

@kerrrybear

@erin_kolstad

city@dailytarheel.com


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