The Sink on University Hill will have its liquor license suspended for at least eight days after Boulder’s Beverage Licensing Authority ruled the restaurant over-served a man who died in a fiery crash less than an hour after leaving the restaurant.
The suspension was handed down following a hearing on May 15, with the Beverage Licensing Authority ruling The Sink violated conduct of establishment regulations in serving Michael McHugh, 21, who died on Aug. 16 in a crash. Per the stipulated agreement, the restaurant was given a 14-day liquor license suspension but will not be fined.
The restaurant will serve eight days of the suspension from May 31 to June 7. The Sink will only need to serve the remaining six days of the suspension if the restaurant has another violation within a year.
“As it has for the last 20 years, The Sink remains committed to participating in our community dialog and efforts to address the adverse impacts of alcohol consumption,” owner Mark Heinritz said in a statement. “While we do not agree with the findings of the (Beverage Licensing Authority), we do respect their decision. We feel terribly for the family and any role The Sink may have played in this tragedy. We offer the McHugh family our deepest sympathies during this difficult time.”
McHugh died after crashing his pickup truck into a traffic light pole at the corner of 30th Street and Colorado Avenue at 11:22 p.m on Aug. 16, 2018.
According to a police report, McHugh went for drinks with two friends at The Sink, 1165 13th St., at about 10 p.m. on Aug. 16, but had not been drinking beforehand except for a mixed drink at 3 p.m. The group was there for about 40 minutes at the bar, with McHugh being served five drinks by one bartender, identified in documents as Jordan Rose.
While one of McHugh’s friends thought some of McHugh’s drinks were double shots of tequila and his receipt shows the purchase of three double shots, video evidence and other statements led the city to conclude McHugh had consumed about 6.25 ounces of 80 proof tequila, which is the equivalent of five single pours.
After leaving The Sink, one of McHugh’s friends told police he tried to take McHugh’s keys, but said McHugh refused. The group then went to the Dark Horse, 2922 Baseline Road,with McHugh driving in his truck and his friends following on a motorcycle.
The friend driving the motorcycle said it did not appear McHugh was weaving, though he said he did appear to be driving faster than normal.
Once at the Dark Horse, a doorman refused to let McHugh and his female friend into the bar because they were intoxicated.
The doorman told police the woman McHugh was with was the more intoxicated of the two, but he said he could tell McHugh had been drinking, noting he appeared to lean against a wall for balance and was “overly friendly.”
McHugh left the Dark Horse just after 11 p.m., with one friend telling police McHugh told them he wanted to get food from a nearby drive-thru. The crash was reported about 20 minutes later.
According to an autopsy report by Dr. Daniel Lingamfelter, McHugh died due to blunt force neck trauma, and the manner of death was ruled an accident. A toxicology test done from McHugh’s heart blood showed his blood alcohol level was .276, with Lingamfelter writing in the report that McHugh, who weighs 136 pounds, had a “severely elevated blood alcohol level.”
The toxicology test also found traces of THC and amphetamine in McHugh’s system.
In documents submitted to the Beverage Licensing Authority, a five-member board, some experts retained by The Sink disputed the blood alcohol level findings by the coroner.
“We dispute a central fact in this case — that Mr. McHugh’s BAC was .276,” The Sink’s attorney Mike Laszlo said in a statement. “First of all, that BAC level is not supported by the consumption of only 6.25 ounces of alcohol, which is the amount the city admits was served to Mr. McHugh. Second, the toxicologist expert testified that the BAC of .276 calculated by the coroner is inaccurate because the blood sample was from the heart blood, which is unreliable for testing BAC.”
Laszlo added the amount McHugh was served did not rise to the level of over-serving.
“The evidence shows there was no violation,” Laszlo said. “The Sink served only 6.25 ounces during the 40 minutes he was there, which is a typical amount that you’d be served in restaurants and bars around town.”
During the hearing, board members also acknowledged McHugh did not show any signs of intoxication but added that serving him the five drinks in less than an hour was, “at minimum, poor judgement.”
Rose chose not speak to police, according to the report.
According to documents filed with the Beverage Licensing Authority, The Sink has moved up its closing time from 2 a.m. to 11 p.m. and also will add time stamps on drink orders and put checks in front of customers to better monitor drink consumption.
