Madison's Common Council declines to renew Red Rooster’s liquor license

MADISON (WKOW) -- Madison's Common Council voted not to renew the liquor license of the Red Rooster, a bar on Seiferth Road on the east side, which is linked to a deadly crash.

The bar's former manager is accused of being intoxicated while working there last December, then causing a crash that killed another man. City officials say he was also not licensed to operate the bar. The bartender that night was also not licensed, according to the city.

On Tuesday, the Red Rooster's owner, Timothy Payne, said he couldn't deny the facts of the case and asked the council to reduce the charges against him.

"He left drunk from my establishment late at night, early in the morning, and caused a fatal car wreck which is absolutely heartbreaking. And as the licensee, I understand that what happens inside the walls of my establishment is my responsibility, and I accept that responsibility," Payne said.

Payne said he did not know the general manager was unlicensed until he was served papers by the city. He said he trusted the man, but his trust had been betrayed.

Payne said in the months since their general manager was arrested, they've made changes to ensure this would never happen again, including retraining staff and going over all of the rules and regulations regarding having a liquor license.

The assistant city attorney who filed the complaint, Jennifer Zilavy, said she didn't come to the recommendation lightly. She said she was shocked when she read the report about the incident.

"The extent to which the behavior on the night in question represented gross mismanagement of the establishment was just astounding to me," Zilavy said. "Not only a failure to comply with several alcohol beverage laws and ordinances, but also disregard for public safety. I had thought either he knew or didn't care, or he simply didn't know that both his bar manager and the bartender were unlicensed. And I don't know which is worse. But hearing him say tonight that he didn't know that his manager was unlicensed until he was served with the complaint, that is disturbing to me, that even after this incident he didn't do a deep dive into things to know that he was not licensed."

Zilavy explained she chose not to revoke the license but instead opted for non-renewal. If it had been revoked, a new license couldn't be issued to the owner or property for a year. With non-renewal, there is no restriction on when someone can reapply.

More at WKOW 27 News


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