Marblehead’s Maddie’s facing five day loss of liquor license

MARBLEHEAD – Maddie’s Sail Loft is facing a five-day suspension of its liquor license for overserving two men on the night of July 2 – but owner John Tangusso told selectmen last night he will appeal their unanimous vote to the Alcoholic Beverage Control Commission.Maddie’s will be open to serve food tonight through Monday, the term of the suspension and the appeal may postpone the suspension until the ABCC can hold a hearing.Town Counsel Marc Miller presented testimony from Police Lt. John Lunt and Patrolman Chris Gallo, who said the two men were taken into protective custody after they were found drunk in a flower bed at the Lee Mansion at 3:30 a.m. Tuesday, July 3.One of the men blew a .27 score on the breathalyzer, more than three times the legal limit, and told police he was drinking after hours at Maddie’s earlier that night.Tangusso, a Salem lawyer, questioned both officers about their lack of a “thorough” follow-up investigation before the hearing was scheduled. The officers told him no criminal charges were involved and so there was no further investigation.”We’re here because this person made a statement and he first told the officers he didn’t know where he was,” Tangusso said when Selectmen Chairman Harry Christensen ruled his intense line of questioning out of order.On his behalf Tangusso presented selectmen with a thick report which included July 25 affidavits by both men, one of them a Maddie’s bartender who was not working the night of the incident, and other employees. It indicated that the men were at Maddie’s that night, drank a total of three beers and two cocktails between them, and then went to a bartender’s apartment where they drank a great deal more.Tangusso pointed out that national studies show a person with a breathalyzer score of .270 would be in “total mental confusion.” He said he suspended the bartender who was involved in the incident.”We were appalled when we heard about this,” he said. “We’ve been here too much.”Maddie’s received a two-day suspension for another violation after a hearing last month.Tangusso admitted that he went before the ABCC on an underage drinking complaint after a New Hampshire girl who was known by employees turned out to have a fake ID.”We’re awaiting their decision,” he said.Forced to choose between Tangusso’s presentation and the police, selectmen chose the police version, noting that he said the two men were too drunk to make a coherent statement the morning of the incident but they were able to recall details with great clarity in his report, a flaw that was pointed out by Town Counsel Miller.