The board of the North Carolina Alcohol Beverage Control Commission has rejected a proposal with a Chapel Hill bar over punishment stemming from the triple-fatal wrong-way crash on I-85 in July.

Ownership of La Res had agreed to an offer in compromise proposed by staff at the ABC Commission which included a $5,000 fine or a suspension of the restaurant’s alcohol permits for 50 days.

But, in a rare move, the Commission Chairman Jim Gardner rejected the offer in compromise saying that he wants to see a stiffer penalty. Gardner ordered the ABC staff to return to negotiation with La Residence.

Legally, the most the Commission can fine an establishment is $5,000. Therefore, any additional penalties would include a suspension of permits for some period of time.

Two Chapel Hill establishments, La Residence and He’s Not Here, were both investigated following the fatal wreck.

20-year-old Chandler Kania has been indicted on three counts of second-degree murder after he allegedly drove the wrong-way on I-85 for at least six miles before striking another vehicle and killing three of the four passengers; 49-year-old Felicia Harris, 46-year-old Darlene McGee and six-year-old Jahnice Baird. A nine-year-old girl survived but suffered several broken bones, according to officials.

The part played by La Res and He’s Not Here includes failing to identify that Kania was under 21 years old when he came to the two bars the night before the crash. Both bars were cited for serving underage patrons, including Kania, according to court documents.

Documents show that Kania’s blood-alcohol content the night of the crash was a .17, double the legal limit to drive in North Carolina. Because Kania was underage, driving with any alcohol in his system would have been illegal.

The ABC Commission received a signed agreement to the proposed offer in compromise from La Residence in late September, according to a copy of the document obtained by WCHL.

Commission Spokesperson Agnes Stevens says the Commission did not receive a signed offer in compromise from He’s Not Here. The Commission’s proposal for the longtime Chapel Hill bar included a harsher penalty than was initially levied against La Res. The Commission was calling for the voluntary suspension of all licenses.

If an agreement cannot be renegotiated between La Res and the ABC Commission, then the case will go before an administrative law judge.

Stevens says the matter with He’s Not Here is also likely to go before an administrative law judge, but there is no date set yet.

If a judge rules against He’s Not Here, the bar would have their licenses removed and the owners would not be able to apply for a new license for at least three years.

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