PORTSMOUTH
Commodore Theatre owner Fred Schoenfeld represented himself in court with the fervor of an underdog hero on the big screen.
But he learned on Friday that a Circuit Court judge is dismissing his appeal of the Virginia Alcoholic Beverage Control board's decision to suspend the theater's wine and beer license for 20 days.
The Commodore is a restored 1940s classic theater that draws moviegoers from Portsmouth and neighboring cities with its mix of dining and first-run hits.
The suspension grew out of a charge that a waitress there served a beer to a 17-year-old boy in May 2007.
That teenager, clean-shaven and youthful looking, according to a lawyer from the state attorney general's office, was working undercover and was accompanied by an ABC special agent. He ordered a Bud Light on the table phone and a waitress served it to him without asking for proof of his age.
Schoenfeld doesn't deny the waitress should have asked for identification that day or that she served the minor. What he does say is that he and his wife, a co-owner, had done everything they could to prevent what happened.
He said the wait staff is trained to verify ages on anyone who looks younger than 30. They are drilled on what date of birth should show up on identifications.
Judge James Hawks was sympathetic during a July hearing, but told Schoenfeld that his role as the owner of the Commodore made him the "proverbial captain of the ship."
The ABC board had already acknowledged the movie theater's otherwise clean record by making it a short suspension. Schoenfeld also has the option of paying a $1,500 fine in lieu of the suspension.
Hawks explained his reasons for dismissing Schoenfeld's appeal in a letter to both Schoenfeld and Michelle Welch, an assistant attorney general who represented the state.
The judge directed Welch to prepare an order "affirming and reinstating" the ABC board's decision and to include specific dates for the suspension to take place.
But Schoenfeld's not ready to roll the credits.
"I definitely want to appeal it," Schoenfeld said. "The problem is talking to attorneys, no one wants to handle it."
Janie Bryant, (757) 446-2453, janie.bryant@pilotonline.com
Delicious
Digg
Reddit
Facebook
Google
Yahoo
no justice
The Applebees near Chesapeake Square had the same thing happen yet they only lost their liquor licence for a week. Why the disparity?
unfortunate event
this is an unfortunate event that happened to a small business owner, but the law was broken. Because the establishment had such a good record, that is why the suspension was small. Are the readers here suggesting that he should not have been charged? Actually it makes me feel a little better to know that all establishment are targeted & not just the once that have a bad rep.Lets not put any establishment above the law. The Commodore has just as much right to be targeted as any nip joint down the street. The owners their may be victims of their own employees flaws also. This keeps EVERYONE honest and also makes it known that no establishment is above veing targeted so stay on your employees.I do agree with the reader that made the comment about IDing everyone upon entrance & give bracelets.If the door person does his/her job This will put the fault on any adults that are accompaning these minors instead of the wait staff or establishment, if the minor drinks. Being that the order is made before actually seeing the customers makes some tempted to just continue the sale instead of the hassle.
and another thing.....
I would like to know who the kids (underaged) are and what are they getting in return for their services? One would hope they were Police Explorers or something similar working their way towards a career in law enforcement. Something made the ABC approach that venue in particular, I wonder why that was? Or did we only hear about that violation for a reason? Guess we will, as usual, only get the part of the story "they" want us to read/hear.
better suggestion
Pay the fine and sue the waitress for $1500 plus costs
OK whats next
Entrapment by Contributing to the Delinquency of a Minor? Did the Agent get charged? Did he have the Parents permission? Wow, next will be using children to make drug bust!
Can't see the forest through the trees....
Why did ABC set up the sale of one beer at a quaint little movie theater that has a clean record when no one seems to care about the large number of drunks driving away from the VB Amphitheater after consuming too many $9 beers?
AMAZING...
that regardless the specifics of the situation, some right-wing wacko can always see a political angle.
ABC is a farce and so is the judge!
Why did the ABC pick the Commodore? How many underage drunks cause problems at the movies. I go quite often and have never seen any problems. MAYBE THEY WANTED TO SEE THE MOVIE!They could have gone up the street to some of the nip joints in the area and earned their pay but would rather hassel the easy target. People would be surprised to know how much it cost the Commodore to operate in business sucking Portsmouth. 1500 dollars is a lot of money when you have so many expenses.
As for the Judge, no justice from him. He probably thought the Commodore Theater was a Navy Officers Club.
Stand behind the Commodore
It is really a shame when I hear anything but great news about the Commodore and exemplary service to the City and its patrons. This movie theater is so special that we need to do anything we can to support its success. Even though I have never had a beer at the Commodore, I always see that care is taken to uphold the law. It is a shame that the ban was placed on a business that has a clean record and one that takes great care to uphold an impecable image. I guess I will have to see Batman for a third time at the Commodore to show my support.
I'd like to see the ABC Board Records...
...on which businesses they target for these underage raids. I'll bet the political favoritism is rampant in who they target. Those who are "friends" of the ABC or "proper" elected officials probably can operate their alcohol-serving businesses without the fear of some underage raider testing their system. This smells. Let the sunshine in, Governor Kaine.
Talk About Sneaky ABC
The Commodore Theater is one of our great landmarks in Portsmouth. I guess it must be slow at the ABC offices these days. Let's go try to catch someone selling beer to minors. For one infraction, where a young waitress may have gotten lazy, a $1500 fine is BS. The circuit court judge should have shown more sympathy to a hard working business man. There should be plenty of nip joints out there to find and shut down.
Get a life and get off the backs of good people.
cost of doing business....
Fred, pay the fine and get on with the show. Unfortunately the waitress put you in a bad situation by not checking the kid (that the ABC board set your business up with) for proper ID. Why not checking everyones ID prior to entering your establishment? Issue all one of those bracelets that cannot be removed with destroying it. Have a sign made up warning of procecution of anyone caught offering alchohol to anyone without the band. It sucks but what can you do? In ref to the lawyer thing....you'll end up paying them more to represent you (ending up with the same results) than if you just pay the fine. Great job ABC....with all the nip joints in the news these days you guys go after a venue that, if a kid DID drink a beer, it sounds like it would have been with one of their parents (the ABC agent who accompanied the kid).
“proverbial captain of the ship.”
Which proverb is it that mentions the "captain of the ship"?
Not that great to begin with
While it has a huge screen, the decor is outdated. The paint is peeling, the chairs are uncomfortable, the service STINKS. Plus they will not let children under 8 in at anytime. Frankly, it sounds to me like he wants the business to fail!
Schoelfeld needs to give it up
I think a $1500 fine is a heck of a lot better than 20 days suspension, which to me sounds pretty light anyway. And he can't figure out why no lawyer will take the case? What point is he trying to prove? Pay the fine, fire the waitress, move on and be done.