License pulled
Schenectady bar violates COVID rules, SLA says
State suspends Schenectady bar’s liquor license.
The Schenectady location of Wolff’s Biergarten had its liquor license suspended by the state on Friday for violations Thursday night including lack of masks on staff and customers and failure to require that food be ordered with alcohol purchases, according to a video of a meeting of the board of the State Liquor Authority.
The three-member board voted unanimously to suspend the license based on evidence presented by SLA staffers during the meeting, held via videoconference. The video shows the board being told that during a visit Thursday night, investigators witnessed patrons sitting “elbow to elbow the entire length of the bar” without observing social distancing; that at points as many as 13 people were standing or walking without masks, which are required by current state regulations when patrons are not seated; a staff member was seen not wearing a mask; a table had a party of 13, three more than the maximum allowed at this time; an investigator was not required or requested to order food when ordering alcohol; and none of the patrons were observed eating.
Owner Matt Baumgartner said he is not disputing the claims but calls the action unfair. In social media posts, he
said he takes the health of customers and co-workers seriously.
But suspending the liquor license “implies we are running a bar that is flagrantly and constantly ignoring the rules,” he tweeted. “We are not. Bars were told there is a 3-strike rule. There is not. To close down a small business because of one bartender’s error on a singular night, feels unfair to me. My managers are doing a great job and I stand by them.”
The closure comes at a significant time for Wolff’s, as this weekend is the beginning of play for the English Premiere League, which has been a mainstay attraction of soccer-centric Wolff’s since the original opened in Albany’s warehouse district in 2009. There are now four Wolff’s, in Albany, Schenectady, Syracuse and Troy. The temporary closure in Schenectady does not affect the other three. Wolff’s offered takeout during the beginning of the pandemic shutdown, tried table and bar service after it was again allowed upstate in June, closed for July and reopened at the beginning of August.
An SLA staff member told the board during Friday’s meeting that Baumgartner was warned via phone recently that infractions had been observed at the Albany Wolff’s, though no punitive action was taken at the time.
“It’s clear that this licensed premise is blatantly ignoring the governor’s executive orders, based on evidence presented,” SLA Commissioner Lily Fan said when casting her vote in favor of the emergency suspension of the liquor license for the Schenectady Wolff’s, according to the video. The only previous SLA charge levied against the location was for alcohol sale to a minor in 2017, the board was told. It opened in October 2014.
Baumgartner also had this to say: “It is confusing the SLA doesn’t give businesses the courtesy of citing us WHILE THEY ARE AT THE BAR, WHILE
THE VIOLATIONS ARE HAPPENING. This would give bar owners an opportunity to correct the ‘Covid-spreading behavior’ immediately.”
And he said he has told his managers to reinforce how important the rules are.
Other Capital Region bars and restaurants that have their liquor licenses suspended for violations of health and safety measures imposed by the state to combat the spread of the coronavirus are Andy’s Place and The New Elbo Room in Albany and Mark’s Grill in Schenectady, all in August; and Hudson River Brewing in Hudson over Memorial Day weekend.
A suspension remains in effect until a hearing is held or an agreement is reached between the SLA and a licensed business, usually involving a substantial fine. In June, Loopie’s Pub in Tribes Hill, between Amsterdam and Johnstown, paid a $10,000 penalty to get back a liquor license suspended in May, according to SLA records. Bars in New York City have paid as much as $35,000 to have their suspensions rescinded, the records show.
Other area business cited by the SLA for lesser violations last month include Swifty’s Pub in Delmar, accused of failing to comply with pandemic-related alcohol sales restrictions. In late July, seven Capital Region bars and restaurants were cited for similar infractions.
During the coronavirus pandemic, the state said it has suspended licenses for more than 165 establishments across New York for what it terms “egregious violations” and issued more than 900 citations for less-serious charges. Those offenders face fines of up to $10,000 per violation but do not have their liquor licenses suspended.
The SLA pre-emptively suspended the liquor licenses of Liberty Ridge Farm in Schaghticoke and Lebanon Valley Speedway in West Lebanon after they refused to modify plans for Fourth of July events that did not comply with restrictions on capacity and social distancing, according to the SLA. An agency spokesman said the suspensions were lifted afterward and no charges were filed.