Liquor License Probation Handed to Viva Mexican Grill

owner Carlos Mendez said he felt the punishment was fair that Board of Selectmen members handed down in response to his restaurant’s failure of an April 19 alcohol compliance check.

Selectmen unanimously approved Wayland Police Chief Robert Irving’s recommendation of a yearlong liquor license probation for Viva beginning on May 16, 2011. From that date through May 16, 2012, any alcohol violation committed by Viva will result in an automatic five-day suspension of its liquor license.

In addition, Viva must submit a roster of its employees along with proof of their TIPS (Training for Intervention Procedures) certification to the Wayland chief of police within 60 days of May 16. Certifications of new hires must also be delivered to the chief during the probation period.

Irving said his recommended penalty is “consistent with other violations of this type,” though he also pointed out that Wayland has “had a very good record over the last year or two despite this hiccup here.”

During Monday’s hearing, Irving explained that, on April 19, of establishments in Wayland. Two 19-year-olds, a man and a woman, entered Viva and were able to purchase two Viva Luna margaritas from a bartender. They paid their bill of $14.98 and left the restaurant with the receipt.

Selectmen Joe Nolan acknowledged that “people make mistakes,” and said he was most concerned with the fact that the bartender, John, who served the teens wasn’t TIPS certified.

Mendez’s attorney, Lori Yarvis said she understood there to be a 60-day grace period during which new servers could obtain certification, but also said that Mendez’s policy in his restaurants – he also own Jose’s Mexican Restaurant in Cambridge – is to TIPS certify all his employees and to have them request ID from anyone who looks younger than 45.

“The employee was let go immediately for not following the restaurant’s policy,” Yarvis said, noting that in the 10 years Mendez has operated restaurants, no other violations of this nature have occurred. “We believe it was an isolated incident and an anomaly.”

Mendez said he is looking for a group to provide additional independent training at his Wayland restaurant, much as he has available at his Cambridge establishment.

“I want to apologize for what happened,” Mendez said. “I was blown away. Moving forward, I want to make sure this will not happen again. I promise you I will make sure it will not happen again.”

Mendez acknowledged that he left scheduling the TIPS training up to his bar manager, though he also said he will now take more responsibility for following up and ensuring new employees complete the training.

“I think it’s fair,” Mendez said after the hearing. “There’s more pressure for me to be on top of my managers. I accept responsibility for what happened.”