City Limits: Busting the Bars

Sergeant John Lyle has been with the Pennsylvania State Police for 17 years. He never wanted to be a cop. For the last four months, Lyle has served as the Philadelphia area's District Office Commander of the Pennsylvania State Police Bureau of Liquor Control Enforcement. As a part of the LCE, Lyle and his staff are responsible for enforcing Pennsylvania's liquor code. "We are an undercover operation," Lyle said, that utilizes civilian attire and unmarked vehicles. · There are nine LCE districts throughout Pennsylvania. Lyle's District Office #1 -- comprised of Philadelphia, Chester and Delaware counties -- is located in a nondescript building just north of Center City. The District Office Commander directs operations from his sixth floor office overlooking Delaware Avenue. The "Pennsylvania Liquor Code and Related Laws" stands on a book shelf behind him. Many people confuse the LCE with the Liquor Control Board, Lyle said. "[The LCE is] strictly enforcement," he explained, while the LCB deals with licensing establishments. Before 1987, the LCB granted liquor licenses and enforced liquor laws. But in June of that year, the State Police assumed enforcement duties because of potential legal conflicts arising from the same organization policing the establishments to which it was granting licenses. Lyle said his office's duties break down into three parts: border patrol, minor patrol and audit section. Border patrol monitors the illegal importation of alcohol into the state, Lyle said, while the audit section deals with tax related issues. Minor patrol polices bars, high schools, college campuses and related establishments, Lyle said, including fraternities. Lyle added that fraterities fall under what are called "speak easy" operations -- places which sell alcohol without a proper license. It is illegal for fraternities to charge a fee at the door and serve alcohol inside, Lyle said. He added that LCE officers have the power of arrest inside licensed establishments and "speak easy" operations. As long as the illegal activity occurs inside the building, the LCE handles it, Lyle said. Once it's outside, it becomes a city problem. "We work on complaints received," Lyle said. He said complaints come from a variety of sources, including the general public, community organizations, other licensed establishments and anonymous tips. Lyle added that his people also scan newspapers and magazines for suspicious looking advertisments. Once a complaint is received, an officer is assigned to the case, Lyle said. The officer first visits the alleged business and conducts a cursory inspection. Lyle said the officer often "realizes a lot more [illegal] things going on" then the original complaint indicated. The officer will also check to make sure all the proper licenses are posted. The officer makes additional visits on subsequent days, each time wearing clothes which allow him or her to blend into crowd at the establishment under investigation. "We don't disclose ourselves unless we go in for tax purposes," Lyle said. "[But] there is a drawback to that." Lyle said other agencies working undercover present a potentially dangerous situation when his officers are investigating an establishment. Following the investigation, Lyle said his office submits a report to the LCB headquarters in Harrisburg. The LCB then decides whether or not to issue a warning or citation based on the history of the establishment, the seriousness of the offense and other factors. "The process is a long, drawn out one," Lyle said. He said the investigation can take anywhere from two weeks to two months, while litigation can take another six months. For example, Smokey Joe's Tavern, a popular campus hang-out located on 40th Street between Walnut and Locust streets, lost its liquor license last November. Smoke's owner Paul Ryan appealed and obtained a Letter of Supersedeas, which allows the bar to serve alcohol, pending the outcome of a hearing that has not yet occurred. "The Liquor Control Board very seldom revokes a license," Lyle said, adding that the establishment must have committed very serious crimes to lose its license. · Since 1986, Smoke's has been raided 23 times by the LCE, Ryan said. Ryan added that no violations were found in 13 of the cases. "Sometimes they walk in as an open inspection," Ryan said. "Other times they have come in and shut the place off, blocked the back door and carded everybody as they leave." While Ryan would rather not see the LCE at his door so often, he said, "99 percent of the time they're in here they're very, very professional." "I think [Lyle's] a very class guy," Ryan said. "I think he runs his office very professionally." Lyle said he is familiar with Ryan's use of an audio-visual system as a deterrent for minors. In order to enter the campus bar patrons must state their name while showing their identification to a video camera. Lyle said videotape from the system cannot be used as evidence in court. "I'm not saying videotaping is not a good idea," he added. "It's just not outlined in the law." Currently, special identification cards are the only means by which an establishment can be exempted from liability for serving minors. Patrons sign the cards testifying that they are of legal drinking age. The maximum penalty for falsifying one of the cards is a $350 fine and loss of the driver's license for 90 days. · Because the officers are constantly surrounded by alcohol, "there is the potential for alcoholism on the job," Enforcement Officer Gary Kardisco said. "But it's not a major problem." He said officers are regularly provided with information about alcoholism. "We try to accomodate [an alcoholic] officer in every way we can," Kardisco said, "but the officer has to be willing to face up to the problem." Lyle said the LCE assigns the alcoholic officers jobs that do not involve liquor "so they're not exposed to that element." · As a child, Lyle admitted to throwing tomatoes at police cars and participating in other juvenile pranks. "I have no desire to be a police officer," Lyle said. He said a friend of his convinced him to try out for the police force after Lyle saw little room for advancement at his old job as a lab technician for Alcoa. "A lot of times you see something that's not right," Lyle said. "The State Police afforded me the opportunity to correct the wrong." Lyle said he works about 60 hours a week because he is still relatively new to his position. "I have to know who the players are," he said. · The enforcers' job has inherent dangers, Kardisco said. Kardisco remembers a case several years ago when he was jumped from behind and nearly stabbed. Kardisco and two other officers were getting ready to take a minor to the police station for questioning when friends of the juvenile drove up in a car. One of the friends jumped Kardisco with a knife. One of Kardisco's partners pulled a gun, prompting a standoff. The situation was resolved with no gun shots fired. But he said the investigations aren't usually that exciting. "In most cases there are no fights," he said. "It does happen, but it's not very frequent." Kardisco added that while safety is always a concern, "I don't think it's a constant worry [with the officers]." Lyle said he has never had to pull his weapon and to his knowledge, no LCE officer has ever died in the line of duty. "A lot of the people who frequent rowdy type bars carry guns," Lyle explained, but they usually throw them on the floor once a raid begins. "[The work] is not as dramatic as you would think," Kardisco said. "It's not all glamour, intrigue and excitement." According to Kardisco, there is a lot of paper work and leg work involved that gets to be "mundane" and "boring." Despite that, Kardisco said, "I love my job, [although] they could pay us more."

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