Closing Time for He’s Not Here?

UPDATE: He’s Not Here Agrees to Offer with ABC Commission

A long-time Chapel Hill establishment may be forced to close shop in connection with the fatal wrong-way crash on I-85 earlier this year.

He’s Not Here opened its doors on Franklin Street to thirsty customers on a cool day back in November of 1972, according to the bar’s website. But after four decades of serving drinks, last call may be coming soon.

He’s Not Here is one of two locations, along with Las Res, that have been investigated in connection with the wrong-way crash on I-85 in mid-July that left three people dead.

The North Carolina Alcohol Beverage Control commission issued an offer of compromise to both He’s Not Here and La Res after reviewing the investigation by officials with the state Alcohol Law Enforcement agency and State Highway Patrol.

The compromise offered to He’s Not Here, “surrender all ABC permits for cancellation on or before November 6, 2015.”

The Commission charges the establishment with failing to determine the age of three underage patrons, including 20-year-old Chandler Kania, the night that Kania drove his 2005 Jeep Wrangler the wrong way for at least six miles before crashing head on into a Suzuki killing two adults and one six-year-old in the vehicle. Kania was the only passenger in the Jeep; he suffered several broken bones in the accident.

Documents released earlier this month include affidavits from members of the group that had spent the evening with Kania, detailing a long night of drinking at several locations, including He’s Not Here and La Res.

The affidavits state several members of the group showed false identifications to enter the establishments but were not asked to show ID at the bar; North Carolina law requires identification to be checked at the point of sale, which did not happen at either location. This seemed to be relatively normal protocol according to the documents, one member estimated going to La Res “40 times” and He’s Not Here “150 times” previously. A member stated in one affidavit it was “pretty standard” for identification to only be checked at the door and not at the bar.

In addition to the failure to determine age allegations, He’s Not Here is charged with aiding and abetting persons less than 21 years of age to possess alcoholic beverages.

La Res is charged with all of these same allegations, but the offer of compromise put forward to that business was to suspend the license for 50 days or pay a $5,000 fine.

The difference in punishment was attributed by a spokesperson with the ABC Commission as to history with the organization and severity of the allegations.

La Res has four previous ABC violations on a variety of charges, according to records, from 2004, 2008, 2010 and 2011.

He’s Not Here has a previous violation from 2014.

The most damning charge against He’s Not Here seems to be an allegation of management knowingly allowing violations by selling alcohol to persons less than 21 years of age.

Both He’s Not Here and La Res have until September 23 to submit responses to the ABC Commission. If the businesses refuse the offer in compromise, the case will go before an administrative law judge.

If officials with He’s Not Here agree to the offer in compromise, they would be allowed to apply for a new permit. If the case goes before an administrative law judge, the permits could be revoked. In that scenario, the permit holder would not be able to apply for ABC permits for three years, according to the commission.

Affidavits from other members of the group say Kania was in an argument with a fraternity brother over a girl and that Kania was “very drunk” the night before the crash. Another group member described Kania as “belligerent and drunk, mad, and drawing attention to himself,” adding he was “pretty out of control” but saying it was odd because Kania was not normally like that.

Kania’s blood-alcohol content was .17 – more than twice the legal limit to drive in North Carolina – the night of the crash, according to court documents.

Kania is at his parent’s home in Asheboro recovering from injuries received in the crash after posting a $1 million bond for his release from Orange County Jail.

Kania is charged with three counts of second-degree murder, among other charges, and his next court appearance is slated for September 25.