SLA Issues Emergency Suspension for White Plains Bar

Albany, NY – The New York State Liquor Authority (SLA) summarily suspended the license of Mamaroneck Smith LLC, doing business as “Stadium/Avenue Social” at 166 Mamaroneck Drive in White Plains today. The suspension was ordered by Chairman Vincent Bradley and Commissioner Greeley Ford at a meeting of the Full Board on Wednesday, December 6th. Effective immediately, no alcohol may be sold or consumed on the premises.

On December 2nd, the SLA conducted a joint inspection with the White Plains Police Department, Fire Department and Building Department at Stadium/Avenue Social. This investigation revealed that this license, which was issued only three days prior on November 29th, was based on misrepresentations made in the application and before the Full Board.

Before the licensing and opening of Stadium, the Black Bear Saloon was licensed at this location, with three owners on the license. The Black Bear Saloon’s license was cancelled on May 4th for disorderly premises, failure to supervise, failure to conform to application and becoming a focal point for police attention, as well as a long disciplinary history of similar charges. The SLA also believed there was a fourth undisclosed interest in the location, however the cancellation was issued prior to the conclusion of the investigation.

The current licensee of Stadium/Social Avenue first appeared in front of the Full Board for a new liquor license on July 26, 2017. The application did not disclose any relationship with any of the previous disclosed or undisclosed owners of the Black Bear. Additionally, when asked by Chairman Bradley at the Full Board Meeting if the applicant knew the previous owners, she claimed she met one of the owners when she negotiated the purchase of the bar. This initial application was denied on the basis that its proposed method of operation was undistinguishable to the Black Bear’s.

The current licensee again applied for a license at this address and appeared in front of the Full Board on November 21, 2017. The licensee again maintained she did not know any of the previous owners until she purchased the bar. At this meeting, the Full Board approved the license on the condition that the licensee submit an affidavit stating that she had no relationship with prior licensed principals. That day, the licensee executed the affidavit and her license was issued on November 29th.

On November 28th, an SLA investigator conducted a social media investigation into Stadium/Avenue Social and the licensee. During his investigation, he discovered a Facebook photograph of the current licensee, one of the prior licensed principals of Black Bear and a man believed by the Authority to be an undisclosed owner of the Black Bear. The photo was posted in February of 2015, more than two years before the licensee claimed to have met the prior owner.

During the joint investigation on December 2nd, an SLA investigator discovered that the current licensee had a child with the man who is believed to be an undisclosed owner of Black Bear, and that this man was linked with one of the prior principals on Social Media. The investigator also discovered that the basement was filled with liquor from the previous owner, further indicating that the previous ownership is involved in the business. The licensee claimed to have purchased the liquor from the previous owner as part of her purchase without a liquidator’s permit, a violation of the ABC Law. Additionally, several liquor bottles did not have a federal warning label, indicating the liquors were purchased illegally.

Additionally, the licensee stated that the premises would be operated as a restaurant, however, the investigation revealed that the kitchen was closed and unsanitary and there was no food service, no chef, no plates or utensils, no food protection certificate and no menu. The Fire and Buildings Department also observed dozens of violations, including a failed fire alarm system and locked exits, and the Fire Department ordered the premises closed.

“This licensee has absolutely no respect for this agency or the ABC Law, and blatantly lied on her application and to the Board about her relationships with the previous owners and her intentions,” said Assistant General Counsel to the Authority Alexandra Obremski. “Let this be a warning to all applicants who attempt to deceive Authority, we will find the truth and you will be shut down.”

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.