BUFFALO, NY-- A Depew restaurant could lose its liquor license if they are found guilty of over-serving a patron who was later involved in a fatal DWI accident.
The New York State Liquor Authority has charged Forestview Restaurant with serving alcohol to person who was visibly intoxicated.
WEB EXTRA: Click here to read the SLA charge
The owner of the restaurant has plead not guilty to the charge.
Bryce Buchholz was riding his bike along Lake Avenue in Lancaster last May when he was hit and killed by Michael Ettipio.
Witnesses told police Ettipio had been drinking just before the accident.
Surveillance video released by the Erie County District Attorney's office shows Ettipio at the Forestview Restaurant bar and parking lot, just minutes before the accident. In one clip, Ettipio falls on the floor and after getting up continues to be served alcohol by the bartender.
Ettipio plead guilty and was sentenced to one to three years in jail and his license was revoked for one-year.
The restaurant was also charged in 2010 for selling alcohol to a minor. The licensee paid a $4,500 fine for that charge.