LCB to reconsider Smoke's license

It ain't over yet. Smokey Joe's Tavern -- a staple of campus social life at for the past 30 years -- will have its liquor license reconsidered later this month when the Liquor Control Board reviews the bar's record on serving alcohol to minors. The bar, whose license expired on Thursday, will continue to serve alcohol until the LCB's three-person hearing board makes its final decision after a hearing in Harrisburg. The LCB has not set a date for the hearing yet. The LCB did not renew Smoke's license last month, ordering a review to make sure the bar does enough to prevent underage drinking. The bar has four outstanding citations and has settled several other complaints of serving alcohol to minors in the past year. Bar owner Paul Ryan said the bar has also been raided 30 times in the last 18 months. According to LCB Chief Legal Counsel Francis O'Brien, the hearing is a way for the board to monitor underage drinking in bars that "continually abuse their privileges but never did anything bad enough to have their license revoked." O'Brien said Smoke's has never been reviewed through the hearing system, which started two years ago. He said if the LCB still refuses to renew the bar's license after the hearing, Smoke's may appeal the decision in Philadelphia's Court of Common Pleas. Smoke's owner Paul Ryan said last week he will make two defenses in front of the board -- that the bar is in a "very difficult area" for keeping underage drinkers out and that Smoke's, with its video affidavit system, has a stricter enforcement policy than any other bar in the state. "The burden upon the tavern owner is immeasurable," Ryan said. "There is no deterrent to keep minors out because the state has laws it cannot enforce." In Pennsylvania, people caught with fake IDs can be prosecuted, fined and can lose their driver's licenses. In the past, officials said, underage drinkers were not aware of the penalties of breaking the law. Now, O'Brien said, the state police "are now taking a much harsher stance" on enforcement. For bars, defense comes down to presenting written affidavits, signed by patrons, stating that they are over 21 years old. O'Brien said the signed statements are the only ways a bar can show it has made an effort to keep out minors according to the law. But Ryan said he will try to change that law, stating that "our video system fulfills the spirit of the affidavit law better." O'Brien, who said Smoke's is the only bar in the state that has a video setup, said the board members will only renew the bar's license if they are certain that the bar takes an "aggressive" stance on preventing underage drinking. The upcoming hearing will not affect the bar's operations, and Ryan said he is confident that the LCB will renew the bar's license. The tavern owner said he has received support from community leaders, University alumni and students and from parents, who say they are glad students have a place near campus to go to drink.

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