(A) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:
(1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that such report or warning is false;
(2) Threatening to commit any offense of violence;
(3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.
(B) Division (A)(1) of this section does not apply to any person conducting an authorized fire or emergency drill.
©(1) Whoever violates this section is guilty of inducing panic.
The law is on the officer’s side. The “business owner” would need to have the law overturned.
As for his liquor liscense - that was plain politics.
1/20/09 Board Meeting Minutes
18) Class B Reserve Liquor & Fermented Malt Beverage License Application: VTC Tavern, LLC: (Whole)
Motion by Trustee Volk, seconded by Pres. Deschane, to issue a Class B Reserve Liquor & Fermented Malt Beverage license effective 1/20/09 through 6/30/09 to VTC Tavern, LLC, Vito Congine, Jr., Agent.
Roll call vote: Keller: No, Volk: Yes, Swanson: No, Rich Porfilio: No, Janis Porfilio: No, Kostuch: No. Motion failed
for lack of voting requirement.
Motion by Trustee Janis Porfilio, seconded by Trustee Rich Porfilio, to deny issuance of a Class B Reserve Liquor & Fermented Malt Beverage license to VTC Tavern, LLC, Vito Congine, Jr., Agent, due to current economic conditions and concerns within the community as to an additional licensed establishment, and to concerns regarding the location of the establishment.
Roll call vote: Keller: Yes, Volk: No, Swanson: Yes, Rich Porfilio: Yes, Janis Porfilio: Yes, Kostuch: Yes. Motion carried.
**Vito Coine SR (this jerk’s dad) owns a good-sized tavern elsewhere in town, and was among several tavern owners who spoke at the public hearing that there were enough taverns in town already (thanks dad).
The town apparently offered the younger Congine a beer/wine license (as opposed to a hard liquor license, which he was after), with an opportunity to review his establishment after six months. He didn’t want to go that route.
Vito Congine Jr. has a felony conviction on his record, which may have factored into the town’s decision not to extend a liquor permit in his direction, although there is no indication that was a reason in the town meeting minutes.
If his flag was ticking enough people off (especially during a massive gathering like a parade- shouting fire in a crowded theater) the officers are duty bound to uphold the peace. If upholding the peace involves the temporary seizure of $5.00 worth of property for a couple hours so be it.