April 12, 2019
Albany, NY – The New York State Liquor Authority (SLA) summarily suspended the license of S. Hughes & Son LTD., doing business as “O’Leary’s Tavern” at 2253 15th Street in Troy. The suspension was ordered by Chairman Vincent Bradley, Commissioner Lily Fan and Commissioner Greeley Ford at a special meeting of the Full Board on April 11, 2019. Effective immediately, no alcohol may be sold or consumed on the premises.
Following complaints of underage drinking at O’Leary’s, on Friday, April 5th investigators from the SLA and the New York State Department of Motor Vehicles (DMV) conducted a compliance inspection at the premises. SLA undercover investigators initially entered the premises and observed numerous young-looking patrons inside the establishment. Shortly thereafter, with the bar packed to capacity, the SLA and DMV, with the assistance of the City of Troy Police Department, secured the premises and began checking IDs.
The investigation found that nearly eighty percent of the 100 patrons were under the age of twenty-one. SLA investigators obtained statements from twenty-nine underage patrons admitting to consuming alcohol at O’Leary’s, including twelve that were directly observed by SLA Investigators. In addition, DMV investigators issued forty-five tickets to minors for possessing fraudulent identifications.
On April 10th, the SLA charged O’Leary’s with 30 violations of the ABC Law, including 29 counts for selling to a minor and one count for failure to supervise.
“Cracking down on underage sales is a priority and the SLA will not hesitate in taking immediate action against bars that are in blatant violation of the law,” said SLA Vincent Bradley. “We will continue work with the DMV and our partners in law enforcement to hold licensees accountable.”
Mark J.F. Schroeder, Acting DMV Commissioner and Acting Chair of the Governor’s Traffic Safety Committee, said “We are proud to work closely with the SLA to detect fake ID cards and stop underage people from making the mistake of their lives, especially if they plan to drive. Any establishment that serves alcohol to minors should know we will enforce the law to protect our young people and all those who share the road.“
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.
On the Web: www.sla.ny.gov
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