Albany, NY – The New York State Liquor Authority (SLA) summarily suspended the license of Darby O’Gills of Hyde Park Inc., doing business as “Darby O’Gill’s” at 3969 Albany Post Road in Hyde Park today. The suspension was ordered by Chairman Vincent Bradley and Commissioner Lily Fan at a meeting of the Full Board on December 5, 2018. Effective immediately, no alcohol may be sold or consumed on the premises. During the suspension period the SLA intends to seek the permanent cancelation or revocation of the license.
Following recent complaints of underage drinking at Darby O’Gill’s, on Friday, November 30th investigators from the SLA and the New York State Department of Motor Vehicles (DMV) conducted a compliance inspection at the premises. SLA undercover investigators entered the premises and observed vans dropping off students from nearby Marist College beginning around 10:00 p.m. Approximately an hour later, with the bar packed to capacity with young-looking patrons, the SLA and DMV, with the assistance of the Dutchess County Sheriff’s Office, secured the premises and began checking IDs.
The investigation found that nearly ninety percent of the 200 patrons were under the age of twenty-one. SLA investigators observed 26 direct sales to minors, in addition to obtaining 46 additional sworn statements from minors who admitted to consuming alcohol. In addition, DMV investigators issued 115 tickets to minors for possessing a fake ID and the Dutchess County Sheriff’s Office arrested three bartenders for unlawfully dealing with a child and selling alcohol to a person under the age of 21.
On December 4th, the SLA charged Darby O’Gill’s with 77 violations of the ABC Law, including 72 counts for selling to a minor, failure to supervise, serving in an unlicensed outside area and failure to maintain accurate books and records.
“It defies understanding that this licensee has displayed an unconscionable indifference to the law by placing his personal profits above the safety of our youth,” said Counsel to the Authority Christopher R. Riano. “I want to thank our partners at the DMV and the Dutchess County Sherriff’s Office, and commend the Members of the Authority for sending a clear message today that bar owners who knowingly serve alcohol to minors will be immediately shut down.”
Terri Egan, DMV Executive Deputy Commissioner, said ““Traffic safety is always DMV’s first priority. Any establishment that serves alcohol to minors puts not only their license at risk, but also the health and safety of our young people and others who may be sharing the road. This is one of the largest seizures to have occurred during a single compliance check since DMV started this program. We are proud of the joint efforts of DMV, SLA and the Dutchess County Sheriff’s Office and the quick action taken by SLA to suspend this license should be applauded.”
The State Administrative Procedure Act authorizes a State agency to summarily suspend a license when the agency finds that public health, safety, or welfare requires emergency action. When the SLA summarily suspends a license, it also serves a Notice of Pleading alleging one or more disciplinary violations. In invoking a summary suspension, the SLA has deemed the violation to be sufficiently serious upon initial review to warrant an immediate suspension. The SLA’s decision to summarily suspend a license is not a final determination on the merits of the case. The licensee is entitled to an expedited administrative law hearing before an Administrative Law Judge. An order of summary suspension remains in effect until such time as it is modified by the SLA or a reviewing Court.