SLA ISSUES EMERGENCY SUSPENSION FOR THE FLATBUSH ZOMBIE HOUSE

The New York State Liquor Authority (SLA) summarily suspended the license of Zombies of Flatbush, LLC, doing business as “The Flatbush Zombie House,” at 734 Flatbush Ave in Brooklyn today. The suspension was ordered by Chairman Vincent Bradley, and Commissioner Lily Fan, at a regular meeting of the Full Board on February 15, 2023. Effective immediately, no alcohol may be sold or consumed on the premises.

The suspension follows numerous instances requiring the New York Police Department (NYPD) 70^th Precinct to respond to complaints regarding violence, noise, disturbances, parking issues and quality of life concerns around the establishment. On January 15, 2023 at around 2:15 a.m., NYPD officers responded to a report of an armed robbery occurring inside the establishment, where a patron was robbed at gun point by a fifteen-year-old perpetrator who was illegally allowed inside the premises. Video shows the minor pointing a gun under the victim’s shirt, walking the victim out of the premises and robbing him down the street, then and pushing the victim back into the premises after the robbery.

NYPD officers arriving at the scene report that the licensee principal refused to permit an inspection, instructing his employees to not provide identification or assist officers in their investigation.

Following this incident, the SLA and NYPD conducted a joint inspection of the premises on January 18, 2023. As part of that inspection, an underage operation was conducted where an NYPD auxiliary agent was sold an alcoholic beverage. The inspection uncovered numerous fire and safety violations in addition to alcoholic mixtures that without labels from the manufacturers, ads for Jell-o Shots, and evidence of illegal hookah sales.  The NYPD subsequently conducted three additional underage operations, on January 20^th, January 25^th and on February 8^th, in each of the three operations, the licensee sold to an underage auxiliary agent.  The NYPD reports received in the course of the investigation indicate that the premises is a focal point for police attention and a drain on resources, with numerous NYPD responses to the premises for excessive noise from intoxicated and disorderly patrons.       

On February 14, 2023, the SLA charged The Flatbush Zombie House with multiple violations of the Alcoholic Beverage Control Law, including becoming a focal point for police attention, sustained pattern of noise and disorder, disorderly premises, sale of alcoholic beverages to a person under twenty-one, failure to permit an inspection, and failure to supervise.  During the suspension, the SLA will prosecute these violations, the maximum penalty for which is revocation of the license. 

“The continuing disorder occurring at this establishment clearly shows this bar is being run in a manner that is an imminent threat to the public health, safety and welfare,” said SLA Chairman Vincent Bradley. “This business has failed to uphold their basic obligation as a licensee, and the Board is taking action to ensure public safety and support local law enforcement.”

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.