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Illegal alcohol service alleged

Couple charged with running modern-day speak-easies

A married couple and several others have been charged with running modern speak-easies in the city of Butler and Harrisville.

Police began an investigation into Gary R. Falconer and Michele R. Falconer in July after receiving an anonymous web tip that the couple was running an illegal gambling operation and serving alcohol without a liquor or restaurant license out of Falcon's Toy Store on West Jefferson Street and Falcon's Pizza and Skilled Games in Harrisville, both of which are owned by the Falconers.

Undercover agents from the state police visited the two businesses several times over the summer and claim they were served alcohol and enticed by the owners and others to play illegal gambling machines.

Police eventually charged the couple with five misdemeanor counts of storage, consumption and sale of alcoholic beverages on unlicensed business premises. Police described the two businesses as speak-easies, an illicit establishment that sells alcoholic beverages.

Traci L. Gaiser, 53, of Butler was also charged for her role working in Falcon's Toy Store with three identical charges. She told police she has worked for the Falconers for the past year. And Lois Jo Anne Smith, 26, of New Castle, was charged with two identical charges for her alleged part in the Harrisville business for serving alcohol to undercover cops.

They are all scheduled for preliminary hearings next year. None of them appear to have lawyers.

Gary Falconer was recently called for a comment at the West Jefferson Street business. He declined.

While police claimed they observed illegal gambling operations at both businesses, they declined to charge anyone with gambling crimes after consulting with District Attorney Richard Goldinger and Assistant District Attorney Mark Lope, who was assigned to the case.

“There's some case law that created a gray area that would make it hard to prove they violated any laws,” Goldinger said. “I'm not saying they aren't possibly guilty. It's just a gray area. And we don't throw things against the wall just to see if they stick, so we opted to not go in that direction.”

State Police Officer Ronald Beeler entered Falcon's Toy Store disguised as a civilian on July 30 after getting an anonymous news tip, according to the criminal complaint. Beeler writes that he saw 14 “illegal” gambling machines that were all labeled “PA SKILLS.”

Gaiser greeted Beeler and observed that he had never been there before. She allegedly told him to pick any of the gambling devices.

Gary Falconer then allegedly told Beeler that if the agent gambled, he could have an unlimited supply of Miller Lite or Busch beer or liquor for the duration of his playing time.

Beeler then put $5 in one of the machines and he was served a Miller Lite.

He then returned for more Aug. 12 and the same process was repeated, this time with Gaiser allegedly serving him a 12-ounce can of beer. While Beeler played at the gambling machine with his beer, another undercover officer came in and was similarly set up in front of a gaming machine.

The act was repeated again Aug. 19 with Michele Falconer allegedly serving beer to Beeler.

On Sept. 9, police arrested Gaiser and, according to police, she told them that she was hired in June and that the business had been operating for about one year.

Police claim that Gaiser told them that Gary Falconer told her to provide alcohol to the gamblers.

The Falconers were questioned Sept. 21 by Butler police and were read their Miranda rights. Michele Falconer told police that “her supplier, Chris Meyers” told the couple to serve beer for gambling players only. Nobody with that name has been charged in connection with the case.

Gary Falconer made a similar statement, telling police that they began doing business with Meyers in January.

Police began a similar investigation Aug. 12 into the alleged speak-easy at the Falconer's Harrisville business. There, they claim they found a similar setup with gambling and beer.

At that location, they claim they found Smith serving beer only to people who were gambling.

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