Council accepts hearing officer's recommendation after underage purchase at Levels Carbondale

Carbondale city council accepted a hearing officer's report and recommendation on a liquor compliance matter stemming from a Jan. 26, 2024, undercover check at Levels Carbondale LLC.

City staff told the council that officers from the Carbondale Police Department used a confidential underage informant who, on recorded video, purchased an alcoholic beverage inside the establishment in violation of the Carbondale Revised Code. Staff said the bartender shown on video was charged with an ordinance violation and that the owner, Joshua Edwards, had entered a stipulation of facts on March 18 and would not attend the meeting.

"And briefly, your honor, Joseph DeMondis, assistant city attorney. I do want to note that I was the attorney dealing with the matter for the city," said Joseph DeMondis, who told council members that Edwards was on vacation and had "agreed [to a] stipulation to the facts and has addressed internally the matter."

Under the city's standard policy for a first violation under new ownership, staff recommended costs and a letter of reprimand; the hearing officer recommended a fine and reprimand. Councilmember Doherty moved that the council accept the hearing officer's recommendation; the motion was seconded and taken up for discussion.

Councilmembers and a member of the public discussed enforcement and staffing for ID checks at local establishments. Councilmember Ry Sanders voiced concern that underage patrons can enter lounges when staffing and ID procedures break down. Citizen Jake Minkus told the council he agreed with tighter restrictions on underage access to bars.

The council approved the hearing officer's recommendation. The hearing officer's recommended penalties and the staff-recommended reprimand and costs were accepted by motion. The council record shows the matter was resolved by that action; the owner was not present at the meeting and the transcript records that a stipulation of facts had been filed.

What happens next: the council's acceptance implements the hearing officer's recommendation as the council's action on the record. The owner and licensee may follow any remedies set out in the commission's order or seek further legal remedies as permitted by ordinance.