WEST YARMOUTH –A warning has been issued to Acapulco’s Mexican Family Restaurant in West Yarmouth by selectmen after they heard about an incident at the location in July.
Yarmouth Police Chief Frank Fredrickson and Officer Philip Magnuson told selectmen about their encounter with then-assistant manager Gilberto Mendiola on July 4.
They said that they received a call from a passerby and that when they arrived at the location, Mendiola was passed out at the bar.
Fredrickson said that they believe Mendiola got intoxicated at the restaurant’s bar.
“He had the key and he had the dexterity to let himself in at some point, there’s no way he could’ve done that in the condition that we found him in, so the natural assumption is that he served himself in the restaurant,” said Fredrickson.
It was the fifth time that they responded to the restaurant because of Mendiola being intoxicated on the premises, according to police.
The restaurant was closed and there was no one in the building, but the door was unlocked.
Mendiola was taken into protective custody and was held at Yarmouth Police Headquarters.
Magnuson said that Mendiola later told him that he was depressed and has a problem with alcohol.
Co-owner David Brambila assured selectmen that Mendiola is no longer employed at the restaurant and that the business is closed for the season and will reopen in April.
Selectman Norman Holcomb argued against penalizing Acapulco’s because he didn’t see that there was a violation.
“The fact that someone walks in and sees that the person in front of them is drunk, unconscious or whatever, I’m not sure that, that in itself, constitutes a violation in my mind for the business,” said Holcomb.
“While the gentleman was intoxicated, you had obviously adults that were concerned but who knows what could have happened while that door was open,” said Selectman Tracy Post. “I think that’s just completely irresponsible.”
Selectmen eventually decided to issue a warning with a 4-1 vote.
The warning was for the restaurant violating its liquor license by having an intoxicated person on the premises.
The restaurant has been operating in West Yarmouth for 10 years.
By JUSTIN SAUNDERS, CapeCod.com Newscenter