Hays knew that Carey's involvement would make the case ripe for future inspection. In his mind, people would either think that Mazzie had been too tough (he had a history of bad blood with the Attorney General's Office concerning the Southern Wine case) or that Adams had been too lenient.
"It was like a no-win situation," Hays says. "From what I could see, we had a legitimate case against this business for not being in compliance with the statute. Now, the flip side of that is, while this business isn't in compliance with the statute, there are probably quite a few others [that aren't in compliance, either]."
In the end, it was agreed that the department will not in any way punish Dash Inn for any violations of the 40 percent rule prior to 1993. Dash Inn will be responsible for producing an audit of its records for the entire year of 1993. If the 40 percent rule is not met, the restaurant's license will be revoked. Dash Inn also has the option of applying for a bar license. (It is unlikely this will happen, as the location is not zoned for a bar.)
Carey insists that his attorney-general position didn't get him any favors from the DLLC--under either administration.
"I've never met Mazzie. I've never met Howard Adams. I don't know any of these guys--and I can tell you this: Negotiations were not any easier with Howard Adams," Carey says.
Carey suspects that Mazzie called for the Dash Inn investigation and subpoena as a result of the Southern Wine and Spirits, Inc., perjury investigation. "From what I know of the . . . department of liquor's actions, it's highly unusual to have the type of enforcement action that was taken. And it makes it even more suspect when it comes on the heels of an action that I took--really, that I spearheaded for the office," he says.
Mazzie denies this. "We bent over backwards for them more than I think I ever did for any other licensee," he says.
Carey says he's retired from the bar business for good--at least for the duration of his stint with the Attorney General's Office.
"It became quite apparent to me that you could not mix my job and the ownership of bars. It was causing too many problems. Primarily perception, not really reality, I think," he says.
Adams vows to crack down on restaurant licensees who don't sell the requisite amount of food. And as far as Dash Inn is concerned, he says, even with the subpoena, the case could have dragged on.
"You can't close a place down as fast as you think," he says.
Meanwhile, Arnold insists that the problems at Dash Inn are worse than ever, and Detective Robert Huff of Tucson Police Department says, "There has been a concern all along that the place was operating as a bar rather than a restaurant. . . . And there still is that concern."
The Tucson Dash Inn is closed for remodeling and will reopen sometime in mid-August, according to the bar's licensee, James Skoda.
Jim Coburn says, "Our philosophy in investigations now is to keep licensees in compliance [through cooperation]. . . . There's a cost savings to the agency, and also it maintains a level of good will with the agency with the licensee, showing that we're willing to work with them."
@rule:
@body:Kay McKay served on the liquor board for many years, and is remembered as often outspoken and sometimes critical of goings-on at the DLLC.
She insists, however, that justice is generally served at the hands of the director and board.
When the department's checks and balances don't work, she says, "It's important that people do--through whatever mechanisms, through the press, or whatever--that they alert people that they have some concerns about what is going on in the department. They need to tell the director. Now, I can tell you as an employee, they'd probably lose their job."
Privately, investigators and other dissatisfied staff members say they fear that if they complain about the agency's new direction of ready compromise under Adams, they'll be fired on the spot. Many are looking for other jobs. Meanwhile, they say, DLLC investigations staff members are conducting routine inspections and trying to be friendlier; new investigations are not being initiated.
"Literally, it's like someone's put aloe on the liquor industry," one investigator whispers, terrified that someone will overhear.
This new mandate means less work for the investigators. Danny Thomas, an investigator based in Flagstaff, says, "The workload that I had compared to what I have now has diminished almost 50 percent."
Quickly, he adds, "I have to say, I back them 100 percent. Because I'm working for them and I do what they want us to do.
