SLA Issues Emergency Suspension for Erie County Bar

The New York State Liquor Authority (SLA) summarily suspended the license of Bimbers Delwood Inc., doing business as “Floyd’s Place” at 3115 Delaware Avenue in Kenmore. The suspension was ordered by Chairman Vincent Bradley, Commissioner Lily Fan, and Commissioner Greeley Ford at a special meeting of the Full Board on September 23, 2020.  Effective immediately, no alcohol may be sold or consumed on the premises. During the suspension period the SLA will pursue the permanent cancellation or revocation of the license.

On September 19, 2020, officers with the Kenmore Police Department responded to a call of shots fired on Delwood Road in the vicinity of the premises. Shortly after the call two shooting victims, one a 17-year-old male, arrived at Kenmore Mercy Hospital stating that they had been shot while inside the Delaware Avenue bar, with one shot twice in the leg and the other in the chest.

Officers investigating the shooting questioned a bartender and off-duty employee who were both uncooperative, denying any incident took place at the bar that night.  Video footage the police later obtained and shared with the SLA from inside the bar show a patron punch another patron, who subsequently fired at least one round from a handgun inside the bar and proceeded to chase the assailant outside.  The video also depicts a bouncer, shortly after, disposing of a shell casing into a trash bag.  Additional shell casings were discovered by police near the premises on Delwood Road. The video also reflects a scene inside in which social distancing and other Executive Order requirements were not being followed.

The Kenmore Police also forwarded reports to the SLA detailing prior police responses to a fight at the premises on August 22^nd where they discovered an unconscious male and a female who had been assaulted outside the bar, in addition to fights and assaults on August 30^th, March 6^th, and on December 29, 2019. 

“The SLA has zero tolerance for bars where violence is a routine occurrence, threatening the safety of their neighborhoods and straining police resources,” said SLA Chairman Vincent Bradley. “This emergency suspension should serve as a message that this agency will not hesitate to take immediate action when a bar poses a threat to public health and safety.”

On September 23, 2020, the SLA charged the bar with multiple violations, including operating a disorderly premise, failure to supervise, becoming a focal point for police attention and violations of the Governor’s Executive Orders concerning COVID-19 restrictions.  

The State Administrative Procedure Act authorizes a State agency to summarily suspend a license when the agency finds that public health, safety, or welfare requires emergency action. When the SLA summarily suspends a license, it also serves a Notice of Pleading alleging one or more disciplinary violations. In invoking a summary suspension, the SLA has deemed the violation to be sufficiently serious upon initial review to warrant an immediate suspension. The SLA’s decision to summarily suspend a license is not a final determination on the merits of the case. The licensee is entitled to a prompt hearing before an Administrative Law Judge. An order of summary suspension remains in effect until such time as it is modified by the SLA or a reviewing Court.