Albany, NY – The New York State Liquor Authority (SLA) summarily suspended the license of J & H Restaurant Associates Inc, doing business as “Viva” at 65 Sherman Avenue in Washington Heights today. The suspension was ordered by Chairman Vincent Bradley and Commissioner Greeley Ford at a special meeting of the Full Board on Thursday, May 24th . Effective immediately, no alcohol may be sold or consumed on the premises.
According to referrals from the New York City Police Department (NYPD), Viva is a drain on resources, with officers responding to violent incidents and noise complaints on a constant basis. There have been five assaults at the premises this year alone, three involving employees of the establishment. Police are regularly required to conduct directed patrols at the establishment on weekends and busy nights. The licensee has been uncooperative during multiple investigations, and its agents do not call 911 when violence occurs at the licensed premises. Additionally, this location has generated 40 noise complaints to 311 this year, and 57 noise complaints in 2017.
Recent incidents at Viva include:
- On May 15th , NYPD officers responded to a call at the licensed premises for an assault. Upon arrival, police spoke with the victim who said that she had a dispute with a waitress over the bill, and the waitress struck the victim over the head with a hookah. The victim went to the hospital for treatment for a concussion, swelling and two black eyes.
- Also on May 15th, police responded to a second 911 call of people fighting at the licensed premises. According to police, two patrons were engaged in a dispute inside the licensed premises, which spilled outside. Both patrons were arrested for assault, and two other patrons were issued summonses for disorderly conduct.
- On March 10th, police responded to the premises after a large fight broke out inside the premises where hookahs, glass bottles and chairs were thrown. Three victims who did not participate in the altercation were struck in the head and other parts of the body with the flying objects and believed that the establishment’s security guards were the perpetrators. All three victims sustained injuries that required treatment at the hospital, and two of the victims suffered lacerations that required stitches. A review of police records shows that no one from the licensed premises called 911 to report the incident, and the licensee’s agents also refused to provide police with a security video.
- Also on March 10th , another victim was severely intoxicated when he left the premises and had a dispute with an individual at a deli across the street. When the victim attempted to cross the street, he was struck by a vehicle and had to be transported to the hospital for his injuries.
- On February 11th, a large fight occurred inside the licensed premises between a group of patrons and the establishment’s security guards. One bouncer assaulted a patron, while another struck a patron while wearing gloves with hard knuckles. Additionally, a video obtained by police of that night shows security in front of the licensed premises macing the crowd and punching patrons. Again, the licensed premises failed to call 911 to report the violent incident, and when police obtained the security video from that evening the observed that the relevant time of the fight was missing.
- On January 10th, two patrons were slashed multiple times by unknown perpetrators while leaving the premises. Both victims sustained multiple lacerations requiring stitches. A review of police records shows that again no one from the licensed premises called 911.
- On January 6th, four patrons engaged in a physical fight inside the premises were thrown outside. Once outside, one of the patrons was punched by two other patrons and robbed of his two gold chains and winter coat in a gang assault. Once again, no one from the licensed premises called 911.
- On September 4, 2017, a female patron was attacked and robbed by multiple perpetrators while leaving the premises. A review of the 911 records shows no one from the premises called the police to report the attack.
In addition to the overwhelming volume of violent incidents occurring at Viva, the licensee is systematically violating its method of operation, and the location is chronically overcrowded. The licensee permits dancing, uses promoters for events and uses DJ’s along with a DJ booth. During two separate inspections on February 14th and January 14th, police issued summonses for overcrowding and fire safety violations. On May 22nd , the SLA charged Viva with 14 violations of the ABC Law, including failure to supervise and two disorderly premises.
“This establishment is rife with disturbances, illegal activity and fights, and the bar’s employees continuously endanger patrons by engaging in physical fights and refusing to call 911 to report violent incidents,” said Counsel to the Authority Christopher R. Riano. “The repetitive nature of these violations shows that the licensee is unwilling to change his conduct and I applaud the Members of the Authority for shutting down this poorly supervised operation.”
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.