Binghamton Mayor Richard David says he doesn't believe the charges against a downtown business owner accused of violating emergency closing orders will be dropped.

According to city police, Water Street Brewing Company co-owner Kristin Andrascik and an employee were arrested April 22 after officers checked to determine whether the business was complying with COVID-19 orders.

David said he believed "a small group of people" were inside Water Street Brewing consuming alcohol around midnight when an officer discovered an unlocked back door while doing a property check.

Speaking on WNBF Radio's Binghamton Now program, the mayor said police "kind of stumbled into this" when they checked to see if someone had broken into the business.

An online statement posted by Water Street Brewing asserted no customers had been served in the building and the only people there when police entered "were the employees who worked that shift."

David said there did not seem to be a "misunderstanding" between officers and the business employees. He noted police first gave a warning before returning.

The mayor said if the people who were there "had conducted themselves differently, I believe the situation could have been avoided."

David said he's not aware of any effort to drop the charges, saying "I think this is moving forward."

Although the matter was being referred to the State Liquor Authority, the mayor said the city isn't seeking any regulatory action against the business.

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