Liquor license violations are complaint-driven. Complaints can be initiated by businesses, patrol officers, and residents. Any liquor licensed establishment found to be in violation of any liquor law (after due process and a hearing in front of the Liquor Licensing Authority) will be subject to multiple follow up compliance checks by the Town of Erie Police Department (EPD) to determine if they are adhering to state and municipal liquor laws and to the court-approved stipulated agreement and order. This is vital in determining if violations are ongoing in nature, or merely as a result of an isolated incident.
Compliance Checks
Establishments are also subject to EPD compliance checks, conducted completely at random unless a complaint exists. These compliance checks can look like a myriad of different things, including the use of underage operatives attempting to purchase alcohol with fake identification. Establishments are subject to being checked for compliance multiple times during a calendar year, including by State Department of Revenue Agents, if scheduling allows.
When compliance checks are conducted, the establishments that will be checked on any given day are generally determined by the geographical area the officers are working, and then randomly selected based upon the necessity to complete a compliance check on the establishment. This necessity is based both upon prior adherence to or violations of liquor laws and compliance checks that have been or need to be, completed within the calendar year.
After Completion of a Compliance Check
If an establishment fails a compliance check, they are subject to being re-evaluated consistently with any other establishment that has been found to be in violation of any liquor law. If an establishment passes a compliance check, there will not be an immediate notification made to the establishment unless the establishment seizes the underage operative’s identification in accordance with state law.