ONEONTA _ A sweep of three city bars Saturday night found hundreds of underage drinkers, police said.
A 30-strong contingent of city police, state police, Otsego County deputies, SUNY Oneonta police and investigators from the state Liquor Authority and Department of Motor Vehicles fanned out across downtown in three teams at about 10 p.m., Lt. Dennis Nayor said Monday morning.
Their targets were The Upper Deck, The Alley and Today's Lounge, which were identified in documents provided to The Daily Star on Monday by the Liquor Authority as having a history of violating state law.
Although a majority of patrons in the three establishments were underage, Nayor said, instead of arresting them, the raiders took statements from some, which will likely be used in Liquor Authority cases against the bar owners. Nineteen tickets were issued to young people caught in the sweep for possessing fictitious or altered driver's licenses.
"Right now, the state Liquor Authority is completing its paperwork and presenting it to its legal department," Nayor said.
The bars were raided at the same time to prevent underage drinkers from leaving the establishments and bar managers from tightening their security before the sweep reached their doors, according to Nayor.
"The case is still ongoing," Nayor said.
Students react to raids
Several college students waiting for an Oneonta Public Transit bus in front of the Dollar General plaza on Chestnut Street on Monday said word of the raids had spread fast within the college community.
The students -- all under 21 -- said they had no trouble getting into the bars before they were raided.
"It's very easy," one 19-year-old SUNY Oneonta student said.
The student said his college identification with a $5 bill tucked underneath was enough to gain entry into some of the bars.
"A lot of the bouncers are students themselves," an 18-year-old SUNY Oneonta student said.
Downtown Oneonta would be a lot different if there were no underage drinking, she said.
"This is how they make their money," she said. "This is a college town."
The students, who did not wish to be identified because of their age, said that if the bars were to be closed for the violating state law, students would likely congregate at house parties during the weekend.
Mayor says changes needed
Mayor Dick Miller said he had heard the raids took place but did not know details or what the possible sanctions will be from the state.
"I feel very strongly that the drinking age should be reduced to 18," Miller said. "That said, I can't change the law. In the meantime I can't look the other way on illegal activity."
Miller agreed with the students at the bus stop who said the enforcement effort will not halt underage drinking. If any bars are shuttered in Oneonta, their underage clientele will relocate to campus, to the city's neighborhoods or other bars, the mayor said
"That's why the law needs to be changed," he said. "Students are going to find a way to drink one way or another."
Nayor conceded the police would never be able to halt all underage drinking, but the department can work to minimize it.
"A majority of our offences are related to alcohol," he said. They include assaults, crimes against public order and driving while intoxicated, according to the lieutenant.
"(Alcohol) is the root and foundation of a lot of issues that we deal with," Nayor said. "If it's a law and it's on the books, then we enforce it. I always feel comfortable saying our main focus is public safety."
The Upper Deck lists Adam Kempley as the owner. Kempley did not have a listed phone number. John Purcell owns The Alley and Today's Lounge. He did not return a message left at his home Monday afternoon.
Swift action likely
Liquor Authority spokesman William Crowley said said he expects prompt action because of the seriousness of the allegations, as well as the previous history of violations at all three bars.
"It's with our counsels. We will certainly turn things around as quickly as possible," Crowley said.
Alleged violators of the state's alcohol laws are given a chance to plead not guilty, no contest or conditional no contest, the last of which allows the accused to negotiate penalties and retain their liquor licenses, 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 canceled-license holder may apply for a new license.
The Liquor Authority may also summarily suspend the license of an establishment found to be flagrantly violating alcohol laws if the business is viewed as an immediate threat to public safety.
When asked if that was being considered for the three bars, Crowley said he could not comment.
All three bars had been cited numerous times by the Liquor Authority in recent years for keeping disorderly premises and serving underage drinkers, among several other violations. Among the more recent actions: The Alley in 2008 was ordered to pay a $7,000 civil penalty and close for 20 days that September. Upper Deck, formerly known as The Sake Club, was ordered to pay civil penalties of $3,000 in 2009 and $4,000 in 2010. Today's was ordered to pay a civil penalty of $4,000 in 2009.
Nayor said most of the identification cards in use by college students are easily refutable because they are clear fakes or because the description of the person on the identification does not match the person holding it.
There might be some leniency for a bouncer or a bartender who was presented with a really good fake identification or someone who matched the description on a real identification of someone who is over 21 and was familiar with the information in it, according to Nayor.
"We would understand that," Nayor said.
However, Nayor said ultimate liability lies with the establishment, and if there is ever any question about an identification card, a bartender or bouncer can refuse it or ask the police for an opinion on it.
