By Jake Palmateer
Staff Writer
ONEONTA _ The state Liquor Authority is poised to rule on two Oneonta bars that have allegedly violated alcoholic beverage control laws on several occasions, in some cases as far back as 2003.
City officials are encouraging the Liquor Authority to not give the bar owners a slap on the wrist.
One of their main concerns is ensuring that if the bars have their liquor licenses suspended, the Liquor Authority will mandate that any suspension be served while area colleges are in session.
Several city aldermen, Mayor John Nader and police Chief Joseph Redmond said suspensions of college bars outside the traditional academic year is not much of a punishment because students, the main source of income for the bars, are not in Oneonta.
Cases against The Alley and The Republic are expected to be on the agenda of the June 25 meeting of the full Liquor Authority board, according to authority spokesman Bill Crowley.
The Alley is owned by John Purcell. Purcell did not immediately return a call for comment Wednesday. The Republic is owner by Artur Shishko, who does not have a listed phone number.
The Liquor Authority allows bar owners to negotiate no-contest plea deals in order to retain their licenses.
Attorneys for both of the bars have submitted offers, Crowley said Wednesday, but he said he could not release any details of the offers.
City officials at a Board of Public Safety meeting last month said The Republic is believed to be facing a $7,500 fine and a 35-day suspension.
The board, which consists of all eight city aldermen, authorized Nader to send a letter to the Liquor Authority requesting that any suspension handed down to The Republic be served between Sept. 1 and Dec. 1, 2008, during the fall collegiate semester.
Crowley acknowledged that the Liquor Authority received the letter.
"Our board was already cognizant that this is a college town," he said.
If there are suspensions, it is likely they will begin on or around Sept. 1, he added.
According to the city:
ä The Republic is under disciplinary scrutiny for the following alleged infractions: Jan. 20, 2007 _ sale to a minor, unlicensed security guard, exceeding maximum occupancy and paperwork violations; Sept. 8 _ failure to supervise; and Oct. 12 _ failure to supervise and sale to a minor.
ä The Alley is facing possible action for alleged infractions March 8, March 15 and March 22, 2003 _ disorderly premises; Jan. 20, 2007 _ sale to a minor 18 or younger, paperwork violations, unlicensed security guards and contaminated bottles; and Jan. 25, 2008 _ failure to supervise.
In addition, the Republic was the subject of referrals in April from the city to the Liquor Authority for other alleged alcohol-related offences.
Crowley said it is not typical for cases to be open from five years ago, as is the case with The Alley.
But, he said, the 2003 allegations surfaced at a time when the Liquor Authority had a shortage of administrative law judges.
Alleged violators of the state's alcohol laws are first given a chance to plead not guilty, no contest or conditional no contest, which allows the accused to negotiate penalties, according to the Liquor Authority.
Those who plead not guilty are subject to a hearing before an administrative law judge.
Punishment may include civil penalties, a forfeiture of the licensee's bond and license suspension, cancellation and revocation, according to the Liquor Authority.
A bar owner whose license is revoked may not seek another license for two years. However, a cancelled-license holder may apply for a new license.
The Liquor Authority may also summarily suspend the license of an establishment that is found to be flagrantly violating alcohol laws if the business is viewed as an immediate threat to public safety.
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