Liquor license of convicted Newhall restaurant owner under investigation
The Santa Clarita Courthouse. KATHARINE LOTZE/Signal.
By Jim Holt
Wednesday, March 28th, 2018

State liquor licensing officials are investigating the license issued to a Newhall restaurant owner convicted Friday of sexual battery and ordered to register as a sex offender.

The California Department of Alcohol Beverage Control which issues licenses for alcohol to be sold and served across the state does so on a “case by case basis” and that they live up to a set moral code, a department spokesman told The Signal Tuesday. The ABC has the authority to refuse such a license on the grounds of moral turpitude.

State ABC officials are investigating the liquor license issued to Sam Albert Gardian, co-owner of the Southern Smokehouse BBQ & Brewhouse on Main Street in Newhall, in light of his recent conviction.

“ABC is investigating the matter,” ABC spokesman John Carr told The Signal on Wednesday when asked if the conviction would affect his liquor license.

“ABC may refuse to issue a licence to any person who has violated the ABC Act, has a disqualifying record, or is otherwise disqualified,” he said.

Carr noted: “The department has suspended or revoked ABC licensed businesses when licensees/corporate officers have been convicted of crimes of moral turpitude under section 24200 of the California Business and Professions Code.

Section 24200 spells out the grounds for the suspension or revocation of a liquor permit:

Moral Turpitude is defined as conduct considered contrary to community standards of justice, honesty or good morals which, according to the section, involve crimes such as theft, fraud, arson, murder, extortion, burglary, financial crimes and sex crimes.

On Friday, a jury found Gardian guilty of four misdemeanor counts including two counts of sexual battery against a woman who in 2016 worked for Gardian at the restaurant.

On Tuesday, the 48-year-old restaurateur was sentenced to 90 days in Los Angeles County jail, ordered to register as a sex offender and ordered to attend anger management counseling.  He was also placed on three years probation, possess no firearms and pay fines and penalties.

During the week-long trial, jurors were told by Deputy District Attorney Taylor Carr, that Gardian, holding a piece of ice, shoved his hand down the back of his employee’s pants, under her underwear and “up against her vagina.”

The second alleged incident of sexual battery was described by Carr as having happened in the restaurant’s parking lot as Castillo was getting into her car.

“He followed her out to the car and grabbed the driver’s door before she could close it,” Carr told the jury.

“He leaned into the cab of the car and shoved his hand down the front of her pants, under her underwear with his hand lingering on her vagina — for what probably, to her, seemed like an eternity — for about four or five seconds.”

jholt@signalscv.com

661-287-5527

On Twitter @jamesarthurholt

 

About the author

Jim Holt

Jim Holt

The Santa Clarita Courthouse. KATHARINE LOTZE/Signal.

Liquor license of convicted Newhall restaurant owner under investigation

State liquor licensing officials are investigating the license issued to a Newhall restaurant owner convicted Friday of sexual battery and ordered to register as a sex offender.

The California Department of Alcohol Beverage Control which issues licenses for alcohol to be sold and served across the state does so on a “case by case basis” and that they live up to a set moral code, a department spokesman told The Signal Tuesday. The ABC has the authority to refuse such a license on the grounds of moral turpitude.

State ABC officials are investigating the liquor license issued to Sam Albert Gardian, co-owner of the Southern Smokehouse BBQ & Brewhouse on Main Street in Newhall, in light of his recent conviction.

“ABC is investigating the matter,” ABC spokesman John Carr told The Signal on Wednesday when asked if the conviction would affect his liquor license.

“ABC may refuse to issue a licence to any person who has violated the ABC Act, has a disqualifying record, or is otherwise disqualified,” he said.

Carr noted: “The department has suspended or revoked ABC licensed businesses when licensees/corporate officers have been convicted of crimes of moral turpitude under section 24200 of the California Business and Professions Code.

Section 24200 spells out the grounds for the suspension or revocation of a liquor permit:

Moral Turpitude is defined as conduct considered contrary to community standards of justice, honesty or good morals which, according to the section, involve crimes such as theft, fraud, arson, murder, extortion, burglary, financial crimes and sex crimes.

On Friday, a jury found Gardian guilty of four misdemeanor counts including two counts of sexual battery against a woman who in 2016 worked for Gardian at the restaurant.

On Tuesday, the 48-year-old restaurateur was sentenced to 90 days in Los Angeles County jail, ordered to register as a sex offender and ordered to attend anger management counseling.  He was also placed on three years probation, possess no firearms and pay fines and penalties.

During the week-long trial, jurors were told by Deputy District Attorney Taylor Carr, that Gardian, holding a piece of ice, shoved his hand down the back of his employee’s pants, under her underwear and “up against her vagina.”

The second alleged incident of sexual battery was described by Carr as having happened in the restaurant’s parking lot as Castillo was getting into her car.

“He followed her out to the car and grabbed the driver’s door before she could close it,” Carr told the jury.

“He leaned into the cab of the car and shoved his hand down the front of her pants, under her underwear with his hand lingering on her vagina — for what probably, to her, seemed like an eternity — for about four or five seconds.”

jholt@signalscv.com

661-287-5527

On Twitter @jamesarthurholt

 

Upcoming Events

Jan
12
Fri
all-day Domes – Art Exhibit @ Old Town Newhall Library
Domes – Art Exhibit @ Old Town Newhall Library
Jan 12 – May 11 all-day
Domes - Art Exhibit @ Old Town Newhall Library | Santa Clarita | California | United States
Local resident Naomi Young, is the artist featured in the latest exhibit at the Old Town Newhall Library. The exhibit features original paintings and multimedia by Young, an artist born and raised in Jerusalem, Israel,[...]
Feb
1
Thu
all-day “The Golden Oaks of Santa Clarit... @ Valencia Library
“The Golden Oaks of Santa Clarit... @ Valencia Library
Feb 1 – Jun 1 all-day
“The Golden Oaks of Santa Clarita,” Art Exhibit @ Valencia Library  | Santa Clarita | California | United States
“THE GOLDEN OAKS OF SANTA CLARITA” ART EXHIBIT BY BRAD SERGI ON DISPLAY AT THE VALENCIA LIBRARY Library hours: Mon-Thu 10 a.m. – 9 p.m., Fri 10 a.m. – 6 p.m., Sat 10 a.m. – 5[...]
Feb
14
Wed
all-day Tickets Available Now for 41st A... @ Dodger Stadium
Tickets Available Now for 41st A... @ Dodger Stadium
Feb 14 – May 12 all-day
Tickets Available Now for 41st Annual SCV Dodger Day @ Dodger Stadium | Los Angeles | California | United States
SANTA CLARITA DODGER DAY TICKETS ON SALE NOW! Tickets Start at $25 and Benefit Local Schools and Non-Profits It’s time to step up to the plate! The Santa Clarita City Council invites residents to purchase[...]
Apr
19
Thu
all-day Santa Clarita Cowboy Festival Co... @ Event Locations Vary
Santa Clarita Cowboy Festival Co... @ Event Locations Vary
Apr 19 – Apr 22 all-day
BUY YOUR TICKETS NOW FOR COWBOY FESTIVAL CONCERTS – Locations, Times & Prices Vary 25th Annual Santa Clarita Cowboy Festival offers ticketed performances and special events Get ready for some toe-tapping, two-stepping, guitar-picking musical performances![...]
Apr
20
Fri
all-day Santa Clarita Cowboy Festival Co... @ Event Locations Vary
Santa Clarita Cowboy Festival Co... @ Event Locations Vary
Apr 20 – Apr 23 all-day
BUY YOUR TICKETS NOW FOR COWBOY FESTIVAL CONCERTS – Locations, Times & Prices Vary 25th Annual Santa Clarita Cowboy Festival offers ticketed performances and special events Get ready for some toe-tapping, two-stepping, guitar-picking musical performances![...]
7:00 pm Hart High School Presents ‘Bye, ... @ Hart High school Auditorium
Hart High School Presents ‘Bye, ... @ Hart High school Auditorium
Apr 20 @ 7:00 pm
Hart High School Presents 'Bye, Bye Birdie' @ Hart High school Auditorium | Santa Clarita | California | United States
Spring Musical Coming April 2018! Hart High Theatre is proud to present Bye Bye Birdie! April 19, 20, 27 & 28 @ 7pm April 28 & 29 @ 1pm When the draft selects rock star[...]
Apr
21
Sat
all-day Santa Clarita Cowboy Festival Co... @ Event Locations Vary
Santa Clarita Cowboy Festival Co... @ Event Locations Vary
Apr 21 – Apr 24 all-day
BUY YOUR TICKETS NOW FOR COWBOY FESTIVAL CONCERTS – Locations, Times & Prices Vary 25th Annual Santa Clarita Cowboy Festival offers ticketed performances and special events Get ready for some toe-tapping, two-stepping, guitar-picking musical performances![...]
10:00 am Astronomy Day @ Valencia Library
Astronomy Day @ Valencia Library
Apr 21 @ 10:00 am – 10:00 pm
The Local Group Astronomy Club and The Santa Clarita Public Library present our free annual Astronomy Day Celebration. We will be at the Valencia branch of the Santa Clarita Public Library from 10am to 3pm.[...]
10:00 am Resource Parents Needed to Foste... @ College of the Canyons, Dr. Dianne G. Van Hook University Center, Room 222
Resource Parents Needed to Foste... @ College of the Canyons, Dr. Dianne G. Van Hook University Center, Room 222
Apr 21 @ 10:00 am – 12:00 pm
Resource Parents Needed to Foster or Foster-Adopt a Child @ College of the Canyons, Dr. Dianne G. Van Hook University Center, Room 222 | Santa Clarita | California | United States
Adoption is a meaningful way for individuals and couples to fulfill their dream of parenting.  There are approximately 64,000 children in foster care in California.  Los Angeles County’s foster care population exceeds 21,000 children with[...]
10:00 am The City of Lancaster’s 27th Ann... @ Sgt. Steve Owen Memorial Park
The City of Lancaster’s 27th Ann... @ Sgt. Steve Owen Memorial Park
Apr 21 @ 10:00 am – 6:00 pm
The City of Lancaster’s 27th Annual California Poppy Festival, Sat & Sun @ Sgt. Steve Owen Memorial Park | Lancaster | California | United States
On April 21 and 22, the City of Lancaster will host the 27th annual California Poppy Festival™ at Sgt. Steve Owen Memorial Park (43063 10th Street West). Drawing more than 40,000 attendees and spanning 35[...]