Albany, NY – The New York State Liquor Authority (SLA) summarily suspended the license of Murray & Murray Enterprises LLC, doing business as “Levels Banquet Hall” at 69 North Pearl Street in Albany today. The suspension was ordered by Chairman Vincent Bradley and Commissioner Greeley Ford at a special meeting of the Full Board on Thursday, December 14th. Effective immediately, no alcohol may be sold or consumed on the premises.
On December 9th officers with the Albany Police Department (APD) responding to a report of shots fired at Levels arrived to find a large crowd of patrons fleeing the establishment into the street. Officers entered the premises where they found a male victim with two gunshot wounds to the chest and abdomen. The victim was transported to Albany Medical Center where he was pronounced dead.
Levels Banquet Hall’s original application for an on-premises liquor license was denied by the SLA in December of 2015. The application to operate a nightclub was denied due to community and police opposition, in addition the SLA found the application nearly identical to the prior licensee, Buddha Tea House, which was summarily suspended in 2014 and ultimately had its license terminated following a host of violent incidents.
Levels reapplied in 2016 as a catering hall, and after receiving widespread community support and agreeing to host strictly private functions, the license was issued on December 19, 2016. Catering hall licenses allow for the service of alcoholic beverages at private events only and are not open to the public. In addition, at a SLA 500 Foot Hearing prior to issuing the license, the applicant submitted a public interest statement confirming the premises would be strictly for private events including, “retirement parties, weddings, baby showers, birthday parties and other private gatherings.” The applicant also agreed to not use third party promoters and to hire licensed security staff.
Despite the prohibition on holding events open to the public and the licensees’ assertions, SLA investigators found numerous flyers and advertisements on social media for promoted events at the establishment that were open to the public, including an advertisement promoting an event on the night of the homicide. On December 13, 2017, the SLA charged Levels with four violations, including disorderly premises, inadequate supervision, failing to conform to their license, and for providing a false material statement in their application.
“This licensee has absolutely no respect for this agency or the ABC Law, and blatantly lied on her application and misled the community and elected officials of her intentions,” said Counsel to the Authority Christopher R. Riano. “This tragedy is partly a result of the licensee’s deceptions in addition to her complete disregard for the law, and I applaud the Authority for taking immediate action before someone else is harmed.”
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 an expedited administrative law 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.