OUI connected to Deep Ellum results in retraining of restaurant staff

Max Toste, cofounder of Deep Ellum at 467 Moody St., appeared before the License Commission at its Oct. 22 meeting to discuss an arrest for operating under the influence that was connected to the restaurant.

According to police reports, a crash occurred at 1:17 a.m. on Sept. 18 at 969 Main St, where a black BMW collided with a utility pole and hit a parked Honda Civic so forcefully that it travelled across the intersection from where it was parked. A Honda Odyssey also sustained damage in the crash. 

Police reports said the driver of the BMW stated that he had left Deep Ellum, began driving and then began texting, which led to the crash. Responding officers reported that they noticed the driver was slurring his words and smelled strongly of alcohol. They charged the driver with operating under the influence, negligent operation and electronic use while operating a vehicle.

According to the police reports, officers spoke to Deep Ellum bartenders and its manager, who said the man had told staff that he was walking home. According to receipts, the man had bought a round of drinks for everyone at the bar and had had two drinks himself between 12:24 a.m. and 12:48 a.m.

Toste, the Deep Ellum co-founder, also told the License Commission that the man had told the bartenders who served him that he would be walking home and that the bartenders did not observe him to be severely intoxicated when he left the establishment.

Toste said that this was the first time he was in front of a board in his 20 years of being in the restaurant business. The License Commission requested that Toste retrain his front-of-house staff using the Training For Intervention Procedures program, which trains workers to prevent guests from becoming intoxicated. Toste was also requested to report the completion of this training to the commission’s administrative assistant. 

In other action, the License Commission approved

• a request for change of hours from Dominican Grill Chicken and Pizza at 897 Moody St. The location will now serve breakfast starting at 6:30 a.m.
• a request for a one-day all alcohol permit from Ken Levine representing Bentley University for an event on Oct. 25 at the Bentley Hockey Arena from 4:30 p.m. to 7:00 p.m. Levine was not present.
• a request for a one-day all alcohol permit from Sarah O’Brien of Dion’s Liquors on River Street for a series of seminars taking place on Nov. 5, 12, 13, 19 and 20. The permit was similar to a request made by O’Brien at the commission’s Sept. 24 meeting.
• a request for a transfer of a seven-day all alcohol restaurant license from Little India Restaurant to Incredible India Restaurant at 475 Moody St.