SLA Issues Emergency Suspension for O'Leary's Tavern in Troy

Albany, NY - The New York State Liquor Authority (SLA) summarily suspended the license of JPH820 Ltd., doing business as "O'Leary's Tavern" at 2253 15th Street in Troy. The suspension was ordered by Chair Lily Fan and Commissioner Edgar De Leon at a special meeting of the Full Board on May 1st, 2024. Effective immediately, no alcohol may be sold or consumed on the premises.

Following complaints alleging underage drinking at O'Leary's, on April 26, 2024 at approximately 10:45 p.m., SLA investigators entered the licensed premises and observed numerous patrons appearing to be underage. Shortly thereafter, members of Troy Police Department, New York State Department of Motor Vehicles and additional SLA investigators entered the business. The investigation team allegedly found dozens of patrons under the age of 21 despite the bar's proclaimed policy of admitting only patrons over 21 after 10 p.m. It is alleged that a total 41 minors, 7 of whom were 18 years old, admitted to drinking alcohol at O'Leary's that night.

On April 30, 2024, the SLA charged O'Leary's with 42 violations of the ABC Law, with 41 violations for selling to a minor and another for failure to supervise.

Just five years ago, on April 11th, 2019, the prior licensee at this location, S Hughes & Son LTD, was summarily suspended related to similar conduct following a joint underage operation that allegedly found 29 minors drinking inside the establishment at the time. The sole principal on the license at the time was Shawn Hughes, father of Jacob Hughes, the current sole principal.

"Despite the State Liquor Authority's repeated attempts to keep a well-known business in operation, the owner of O'Learys, after multiple warnings and attempts to correct prior mistakes, blatantly ignored the SLA's attempts to help this business follow the Alcoholic Beverage Control Law," said Chair Lily Fan. "Not only did the licensee not attempt to correct previous mistakes despite multiple promises to do so, they proved that the business couldn't comply with the law and violations only got worse."

The State Administrative Procedure Act authorizes a state agency to summarily suspend a license when the agency finds that public health, safety, or welfare require 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 alleged 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 a prompt hearing before an Administrative Law Judge.