Emergency License Suspension For Duo Tapas: NY Liquor Authority

YONKERS, NY — The State Liquor Authority has issued an emergency suspension for Duo Tapas Bar and Lounge, the scene of a fatal shooting on Sunday.

State officials said the move is a direct response to the shooting at the Yonkers bar.

The New York State Liquor Authority (SLA) summarily suspended the license of S & S Duo LLC, also known as “Duo Tapas Bar and Lounge,” at 748 Yonkers Avenue in Yonkers today, the agency said. The suspension was ordered by Chairman Vincent Bradley, Commissioner Lily Fann and Commissioner Greeley Ford at a special meeting of the board on Wednesday.

The decision means that effective immediately, no alcohol may be sold or consumed on the premises.

"SLA license holders have an obligation to maintain orderly operations," Bradley said. "This business has failed to uphold the obligations required by a license-holder and the Board is taking action to enforce those expectations and support local law enforcement.

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The agency outlined the developments that led to the emergency action.

On February 6, the Yonkers Police Department was dispatched to the bar in response to a 911 call. Two employees had been shot after a fight had broken out between two groups inside the premises. Both victims were transported to a nearby hospital where one died from his injuries.

Two days later, the SLA charged Duo Tapas Bar and Lounge with a slew of violations of the alcoholic beverage control law, including operating a disorderly premises, becoming a focal point for police attention, a sustained pattern of noise and misconduct, using a DJ in violation of their approved method of operation and failure to supervise.

During the suspension, the SLA said it will prosecute these violations, the maximum penalty for which is revocation of their liquor license.

The New York 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 a prompt hearing before an administrative law judge, according to the agency.