By Dawn De Busk

Staff Writer

NAPLES — Two experts said the number of OUIs that could be traced to people drinking at Gary’s Olde Towne Tavern was not an alarming amount.

At the same time, one OUI (operating while under the influence) is one too many, they said.

Town officials want to work together with business-owners to reduce those numbers. In fact, another liquor license workshop has been scheduled for Oct. 6. All employees from businesses that are open year-round and that serve alcohol are invited.

On Tuesday evening, a crowd of more than 50 people showed up for the Naples Board of Selectmen workshop on liquor licenses. Many of those people had hoped to have a chance to speak. However, since it was a workshop it was the board’s decision to have comment closed to the public. Nobody from the public was allowed to speak.

The people who were invited to speak during the workshop were: Cumberland County Sheriff Kevin Joyce; LT Kerry Joyce with the Cumberland County Sheriff’s Office Field Service Division; Laurence “Larry” Sanborn, the director of the Maine Division of Liquor Licensing and Enforcement; and businessman Gary Skellett, the owner of Gary’s Olde Towne Tavern.

Last month, the board tabled the approval of a liquor license for Gary’s until a workshop could be held. The concern was an increase in the number of OUIs in which the driver said he or she had been drinking at Gary’s.

The selectmen refer to the CCSO report that documents calls to dispatch regarding problems at a place of business. The selectmen receive this report prior to the public hearing for a business to have its local liquor license renewed. 

Sheriff Joyce said that since 2003 he has attended five of these workshops held in Maine municipalities. He said that he had reviewed the CCSO report for Gary’s Olde Towne Tavern, as well as reports for many establishments.

“It didn’t come to my attention that there was an issue out there,” he said. “An OUI coming out of anywhere is intolerable.”

“Like Gary {Skellett} says when they come there they may already have been drinking. They may have been using drugs,” Joyce added.

Joyce said that he judges the business for what happens while the customer is there and how the employees adjust to the situation. For example, if a patron is getting out-of-hand at 9 p.m., does the staff nip it in the bud or try to resolve it at midnight when it might be too late, Joyce said.

He referred to the report again.

“When I look at the statistics, eight out of 16 were repeat offenders. Eight out of the 16 people who came out of Gary’s did not get it the first time. Most of them were from this area, which is not surprising. One was from Massachusetts,” Joyce said.

Gary’s, inherently, is likely to have more alcohol-fueled issues because it is open year-round and also closes later in the evening.

“We don’t have a lot of establishments that are open year-round. We don’t have a lot of establishments in Raymond, Casco, Sebago or Baldwin. It is going to show that {Gary’s} is open year-round,” Joyce said.

Law enforcement is willing to work with establishments to help reduce OUIs, he said. 

The sheriff offered some solutions to avoid getting an OUI such as having a designated driver, calling a taxi (although there are not many in the area) and taking the keys away from an intoxicated person.

“Unfortunately, there are those are going to drive” drunk, Joyce said.

Prompted by a question, Sanborn said the statistics backup the theory that there are people on the road who are driving under the influence.

“Every 1 in 50 people are estimated to be under the influence. Between 10 p.m. and 2 a.m., one in four is estimated to have been drinking,” Sanborn said.

He asked about the blood alcohol concentrations (BACs) of those people who were arrested, saying that high BACs concerned him.

“When I hear testimony that sheriff’s department is getting 2.0s leaving Gary’s, I’m very much concerned about it,” he said. “This is not an exceptional report but I wouldn’t classify it as anything more than the usual for an establishment of this size, and character.”

Gary’s tavern is classified as “a Class A restaurant/lounge. It must have full course meals until 9 p.m. at which time they can close the kitchen, and do the drinking you would in a Class A lounge,” according to Sanborn.

The Maine Division of Liquor Licensing recommends to not close the kitchen, but keep an employee on to prepare meals for patrons to slow down their alcohol consumption, he said.

Chairman Jim Grattelo asked if the board of selectmen has the legal right to put conditions on a liquor license.

The answer is yes.

“You can enter into sidebar agreements. He can agree to X, Y and Z. If he steps out of bounds anytime during the year, you cannot revoke the license for that year. A sidebar agreement is where you are putting him on notice,” Sanborn said.

Selectman Caleb Humphrey asked if local businesses could get a list of repeat offenders so they know who to watch out for.

The consensus was that this was legal.

It is important to note that during the workshop, the board was not able to make a motion to “un-table” the approval of Gary’s liquor license. That decision will have to happen during the next regularly scheduled meeting, which is Sept. 14.

Also, Skellett expressed his feeling that he was being singled out. Originally, he thought the workshop was for all Naples businesses that serve alcohol. He was surprised and upset that the focus was on his business. 

“Based on what has been going on in this town at the marinas, on the waterways, the fights on the Causeway . . .  I was under the impression the town would have a workshop for all business owners that are required to have a liquor license,” Skellett said.  

He said the topic of safely serving alcohol should be a town-wide discussion.

“This is a bigger problem than just one establishment,” he said.

A couple times during the workshop, Skellett’s comments received applause from large groups of people in the room.

Selectman Bob Caron II, who suggested the workshop a few weeks ago, agreed it was a town issue.

“We need to work together with all the establishments not just one, to get a nominal number of OUIs,” Caron said.

Caron recommended all businesses do alcohol-serving workshop in May and again in the fall.

Sanborn recommended October for the next workshop.

“We are headed into a period that on paper seems to be worrisome. We are heading into another drinking time. Just to remind people, to educate them before the holidays,” he said. “Since COVID-19 booze has been selling, more of it.”