SLA Issues Emergency Suspension for Maggies in West Babylon

Albany, NY – The New York State Liquor Authority (SLA) summarily suspended the license of Roxy Carma/Teko Inc., doing business as “Maggies” at 995 Straight Path in West Babylon today. The suspension was ordered by Members of the SLA, Chairman Vincent Bradley and Commissioner Greeley Ford at a meeting of the Full Board on Wednesday, September 13th. Effective immediately, no alcohol may be sold or consumed on the premises.

According to the Suffolk County Police (SCPD), Maggie’s has become a focal point for police attention and a drain on police resources, with police referring four instances of disorder in or around the premises in the last six months. On August 13th, police were called to Maggies when a patron discharged a firearm in the air approximately six times in an attempt to stop a fight. On July 22nd, a patron was struck over the head with an unknown object in the establishment’s parking lot. Additionally, police responded to fights outside of the bar on June 21st and May 28th, with the incident in May involving more than 40 people.

On September 8, 2017, the SLA, SCPD, and representatives from the Town of Babylon Building Department and Fire Marshal conducted an inspection at Maggies based on repeated calls and complaints alleging gambling, gang activity, shots fired, excessive noise and drug activity. The investigation revealed multiple violations of the ABC law, penal law and local fire and building codes.

During the inspection, an SLA investigator observed three coin-operated gambling devices, a dice throwing container and multiple football pools. The bartender admitted that the football pools were being sold to patrons and presented three envelopes full of money with gambling records noted on the outside. SCPD arrested the bartender for promoting gambling, in addition to arresting a patron for criminal possession of marijuana.

The investigation revealed Maggie’s has not served food since 2004, a requirement for all on-premises licensees, and shared revenues with a hired DJ, a practice prohibited under the ABC law. Additionally, the licensee stored liquor illegally in the basement, employed unregistered bouncers and admitted to illegally purchasing all alcohol from a local liquor store. Maggie’s failed to produce any business records and at the time of inspection, their workers’ compensation had lapsed with $14,000 in outstanding penalties.

During the inspection, Town of Babylon Building Code Enforcement issued three violations, and the Fire Marshal issued ten violations, condemned the building and issued a closing order after discovering serious public safety hazards including illegal electrical wiring in the basement, compressed gas stored near a hot water heater and no lighting over emergency exits. On September 11th, the SLA charged Maggies with 33 violations of the ABC law, including illegal gambling, becoming a focal point for police attention, failure to maintain books and records, availing and purchasing liquor from an unauthorized source.

“In addition to demonstrating a total disregard for the law by blatantly promoting gambling, this licensee jeopardized the health and safety of her patrons, and the public at large, by allowing rampant disorder in and around her establishment,” said Counsel to the Authority Christopher R. Riano. “The SLA has made it clear today that they will not permit these flagrant violations to continue.”

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.