State delays decision on liquor license for Oneidas

By The Associated Press

Thursday, September 6, 2007 10:19 AM EDT

VERONA - The New York State Liquor Authority put off until at least next month a decision on licensing the Oneida Indian Nation to serve alcohol at its three upstate golf courses.
The delay means the Oneidas will not be permitted to serve alcohol at the inaugural Turning Stone Resort Championship golf tournament, a $6 million PGA event that begins Sept. 17.

After listening to nearly two dozen witnesses during a hearing Wednesday at the authority's Manhattan office and in Albany, Chairman Daniel Boyle said the authority needed more time to examine legal issues involved in granting the license. The authority's next meeting is scheduled for Oct. 3.

The tribe said it was following the process as outlined and remained “hopeful we will be treated fairly like everyone else.”

“We look forward to a positive decision,” the Nation said in a statement.

Turning Stone has been dry since it opened in 1993. The tribe has been trying to get a state liquor license for its restaurants and hotels since 1999, but the liquor authority has never acted on its applications.

This time the Oneidas were seeking liquor licenses for only the clubhouses at their championship golf courses - Atunyote, Kaluhyat and Shenendoah - and its Lava Club, a nightclub scheduled to open next month.

Nation attorney Peter Carmen told the authority that the resort's growth was limited without alcohol.

“Turning Stone has learned from its guests that it cannot accomplish its goal of creating a world-class destination in Central New York unless it is licensed to serve alcohol to its guests,” Carmen said, noting that customers complain almost daily about the lack of alcohol.

The nation had allowed customers to bring their own alcohol to restaurants, hotel rooms and concerts, but recently banned alcohol from the resort except for catered events, such as weddings.

Carmen said the nation has proven it can run an orderly, lawful resort.

“The experience of Turning Stone's food and beverage and security departments, backed by the nation police department, should give the authority reassurance of Turning Stone's ability to respond to disturbances and related matters associated with the service and consumption of alcohol,” he said.

Although the tribe maintains it is a sovereign nation, it would agree to comply with the authority's regulations and submit to its enforcement procedures, Carmen said, adding that the state has previously granted liquor licenses to the Seneca and Mohawk tribes.

About a dozen opponents drove to Albany, where the authority set up a videoconference so they could watch the meeting and speak to the board.

The Oneidas routinely violate state laws by refusing to pay sales and property taxes and operating a casino, according to opponents, many members of Upstate Citizens for Equality, a grass roots anti-sovereignty group.

Assemblyman David Townsend, whose district includes the resort, said the nation should comply with state laws and regulations before being granted a liquor license.

He said the nation is “not only in violation of the sales tax law, but they have flaunted nearly every other relevant state law, including the payment of property taxes, compliance with weights and measures and numerous other state safety regulations throughout the 14 years of their operation.”

Oneida County Legislator Michael Hennessy said granting a liquor license to the Nation could harm other Oneida County businesses.

Hennessy said 23 of 27 county legislators signed a resolution opposing the license. He also presented the authority with a petition with over 600 signatures.

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