Albany, NY – The New York State Liquor Authority (SLA) summarily suspended the license of Untouchables Enterprise Inc., doing business as “Untouchables Bar & Restaurant” at 40 Liberty Street in Newburgh today. The suspension was ordered by Chairman Vincent Bradley and Commissioner Greeley Ford at a meeting of the Full Board on Wednesday, January 24th . Effective immediately, no alcohol may be sold or consumed on the premises.
On January 7, 2018, the City of Newburgh Police Department (NPD) responded to reports of a shooting at Untouchables Bar & Restaurant. According to a referral from the NPD, a physical altercation between two patrons started inside the establishment and moved outside, where one of the patrons fired six gunshots and struck the other patron in the foot. When officers arrived, they discovered multiple shell casings in front of the premises and were informed by a security guard working at the bar that another large fight was occurring inside.
When police entered the bar, they observed several patrons, including the original gunshot victim, fighting inside. The gunshot victim then walked toward one officer in an aggressive manner and hit the officer’s upper chest, which physically pushed the officer back through the entrance and outside the premises. The victim was arrested for Obstructing Governmental Administration.
On January 12, 2018, the NPD reports that an officer was patrolling the area of Untouchables in the early morning due to the recent shooting and recurring violent incidents, when he observed over 100 patrons exiting the bar at approximately 2:45 am. A large disorderly crowd formed in the middle of the street and a fight broke out between over 25 patrons. Police were unable to clear the area until other officers arrived on the scene, and no arrests were made due to the chaos caused by the large crowd.
The next evening, of January 12th SLA investigators conducted a joint inspection with the NPD at the licensed establishment. Upon arrival, a security guard was standing at the front door and told investigators and police that they could not enter. An NPD officer advised the security guard that they were conducting an inspection and proceeded to enter the establishment. Inside the premises, investigators observed no tables and chairs in the dining room, and no food menus, both of which are required by the ABC Law. Additionally, investigators observed a pool table and a DJ setting up his equipment, even though the licensee represented in his application that the premises would operate as a restaurant with no DJ or security guards. Three employees were present during the inspection, all of whom were paid in cash and were not listed on the businesses’ payrolls.
Untouchables Bar & Restaurant was previously charged with five violations of the ABC Law on September 14, 2017 after an SLA investigation revealed that the establishment did not appear to be operating as a restaurant. Despite these charges and warnings from investigators, the licensee continued to violate the law by failing to operate his business in conformance with the representations in his application.
According to referrals from the NPD, this establishment continues to be a focal point for police attention. Police have responded to calls for various disturbances and disorderly conduct at the premises nearly two dozen times between April 2017 and January 12, 2018. Police referrals also indicate that the NPD needed to devote special attention to this establishment given the violent nature of service calls. On January 22, 2018, the SLA charged Untouchables Bar & Restaurant with eight additional violations of the ABC Law, including disorderly premises, failure to supervise, and for becoming a focal point for police attention.
“Despite numerous warnings from the SLA and police, this licensee has continuously violated the ABC Law by allowing serious and significant violence and disorder at the premises,” said Counsel to the Authority Christopher R. Riano. “Any licensee who misrepresents their business to the Authority, and who continuously puts the safety and welfare of their patrons and the larger community at risk, will be shut down immediately.”
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.
