Despite violations, Stimmelators and the Boathouse Restaurant were unanimously approved for renewals of their license by the Alcoholic Beverage Commission Wednesday afternoon.
Etna Pub was also approved but with a vote of 3-1. Its application must go down to the state before it's official.
Stimmelators, East Washington Street, North Webster, had received a violation of serving alcohol to a minor as well as allowing a minor to loiter. The violation took place Feb. 11.
Owner Sam Stimmel said in 23 years his establishment has had four violations with one taking place on the first day it was open.
Stimmel said the most recent violation took place when Stimmelators had first opened up for the day.
Stimmel said his bartender felt she used reasonable judgement and that the underage person appeared to be much older than 21.
Stimmel said he had to convince the bartender not to quit because she was so upset over the violation.
A $500 fine was paid to the state and the board unanimously approved Stimmelators' license renewal.
Board member Elim Smith said he never remembered Stimmel coming back before the board after a decision to transfer ownership of the bar to Stimmel in 2005 was continued.
A call to the state excise officer confirmed that Smith was correct.
The decision to allow Stimmel to become 100 percent owner of Stimmelators came in November 2006 and was approved at the state level and didn't go back through the county.
In 2005, the board continued a decision to transfer ownership to Stimmel after his residency was called into question.
Stimmel was arrested for false reporting on a liquor license application in Texas. Those charges were later dismissed.
The bar was previously owned by Stimmel's daughter, Tracy.
Boathouse Restaurant was granted a renewal of its beer and wine license despite a violation of serving to a minor.
Peter Christos represented Boathouse and said the waitress used reasonable judgement but the underage person appeared to be well older than 21.
"I can tell you with a fair amount of certainty that this was the only time that's ever happened," said Christos of the violation.
Excise officer April Tackett later took issue with that claim.
The violation came from a statewide program to catch businesses serving to minors.
It was the second go around to businesses that had previously served a minor but weren't ticketed or warned.
Christos said he didn't feel like a place like the Boathouse would be a place that would attract underage drinkers because of the setting and the prices.
Christos said while he has lost some minimal business because of the restaurant going to a policy where it cards everyone, the most damaging part was the hit on the restaurant's reputation.
He said he respected and would uphold the law but asked that in the future, when discretion is given to the server on whether to check ID, that the person used look more "borderline" underage and that the excise officers exhibit "real life situations."
Christos said the behavior of the excise officer and underage person was odd.
"I don't like the fact that we're trying to trap people," said board president Gordon Vanator.
Smith said that when the program has its first pass through with a business, the business be notified it served to an underage person.
Boathouse paid a $500 fine and had an employee go through training to administer to other staff.
A transfer of stock from Chris Katris to Christos was delayed until the board's September meeting because signage wasn't properly displayed for 10 days.
Etna Pub was cited for not having minimum food service requirements Aug. 25, 2009.
According to Tackett, an establishment serving alcoholic beverages must have hot soup, hot sandwiches, coffee, milk and soft drinks available for at least 25 customers.
Part owner Steve Slaugh said the violation occurred because of a transition the kitchen was going through and that the Etna Pub has always served pizzas and hot dogs but didn't have all the requirements.
The board approved the Etna Pub renewal with Vanator voting against it.
The beverage commission approved the following renewals without any violations:
- Good To Go, South Buffalo Street, Warsaw.
- Channel Marker Restaurant, East Pickwick Road, Syracuse.
