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Testimony of Kenneth R. Chiate
Mr. Chiate is president and sole shareholder of Moonshadows.
He described the restaurant and how it operated. There is a bar
in Moonshadows that seats between 40 to 50 people. There is a
cash register in the bar (register 2). That register would ring
up drinks ordered by bar patrons.
If a patron were to leave the bar and go to the dining room
for a meal, the bar ticket would follow the patron from the bar
to the dining room. There was a cash register in the dining room
(register 1). The server would then serve the patron his meal at
the dinner table. If he wanted another drink during his meal,
the server would go back to the bar with the patron’s bar ticket
and the bartender would add the drink to the bar ticket. The
server would retain possession of the bar ticket. At the end of
the meal, the server would add up the amount of the patron’s
dinner ticket and his bar ticket to compute the total owed by the
patron for his meal and drinks.
Mr. Chiate testified that you cannot determine the total
sales of the restaurant by adding up the dinner and bar cash
register tapes because there would be “double-ups”, i.e., the
same charge for a drink would appear on the bar cash register
tape and the dining room cash register tape.
Respondent asked Mr. Chiate if it were not true that you
could look at the cash register tapes from the bar and determine
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Last modified: May 25, 2011