In order to settle a case involving several Alcohol Beverage Control law violations, Albany Street Cafe ownership agreed to pay a fine and have the village bar and restaurant’s liquor license suspended for 40 days, state Liquor Authority officials said.
The penalty totals $3,000 and the license suspension began Feb. 1, keeping the bar and restaurant at 122 W. Albany Street from serving alcohol until March 13.
Violations cited in the case are related to three separate days between 2004 and 2008, according to SLA records.
The bar was first charged in connection with a fight on the premises, which is a violation of ABC law, on June 6, 2004, case records state. Another fight on June 18, 2007 was also cited by the Liquor Authority. As a result of an investigation July 11, 2008, the bar was also charged with selling alcohol to a minor, selling alcohol to a visibly intoxicated person and several other ABC violations.
Bill Crowley, SLA spokesperson, said the investigation, as is common statewide, resulted from reports made by the local police department. He added that any charges related to fights and violence or selling to a minor are top priorities being targeted by the SLA.
Instead of contesting the case before the SLA, Crowley said ownership of Albany Street Cafe (listed in reports as Dineen’s Restaurant Inc.) offered a “conditional no contest plea,” which is similar to a plea bargain.
The Albany Street Cafe ownership issued a statement on the case to The Telegram:
“In our opinion most of the charges brought against us by the New York State Liquor Authority were frivolous. In response to the most serious charge of serving to a minor, in our eight years of operation this was the first and only time we were cited for this charge. The New York State Liquor Authority documented the fact that the customer showed false proof to gain entrance to the establishment and was again proofed at the bar. She was one of 75 to 100 customers that were proofed that evening.”
The SLA has been revoking or suspending licenses more frequently than in prior years, Crowley said, but the Albany Street Cafe suspension is longer than average and shows the level of charges involved.
“Forty days, you don’t see that all the time,” he added.
Albany Street Cafe ownership disagreed with the penalty. “Although we feel the fine and suspension are extremely harsh relative to the nature of the violations, we appreciate the local support we have received and look forward to our customers’ support of our lunch and dinner business during the suspension,” as included in their statement.
Unlike the Albany Street Cafe case, which developed over time, the most severe and frequent violators typically receive emergency license suspensions.
Crowley said the SLA has been issuing an unprecedented amount of summary suspensions - which suspend liquor licenses effective immediately and deal with frequent violence, often involving stabbings or shootings, or other imminent threats to the community.
He referenced two recent emergency suspensions in Utica.
Bogie II Night Club on North Genesee Street had its license suspended in December last year following frequent acts of violence that involved weapons.
The SLA also in December suspended the license at Spilka’s Hotel on Stark Street following a fatal stabbing incident.
Herkimer, N.Y. —
