SLA Orders Emergency Suspension Of Restaurant's Liquor License

RIVERHEAD, NY — The New York State Liquor Authority has suspended the liquor license of Hy Ting in Riverhead.

According to a release, the SLA "summarily suspended" the license on Thursday of 54 Main USA Inc., doing business as “Hy Ting Restaurant," located at 54 West Main Street in Riverhead.

The suspension was ordered by SLA Chairman Vincent Bradley and Commissioner Greeley Ford at a special meeting of the full board on Wednesday, the release said.

Effective immediately, no alcohol may be sold or consumed on the premises, according to the SLA.

"According to referrals from the Riverhead Police Department, Hy Ting Restaurant has become a focal point for police attention since its opening in September of 2017," the SLA said.

Police have received at least six 911 calls for disturbances in or directly outside the premises within the last four months; none of the calls were made by the owner, manager or an employee of the premises, the SLA added.

According to the SLA, on March 16, police responded to a 911 call to Hy Ting Restaurant regarding a fight involving several patrons.

According to Riverhead Police, an argument began inside the restaurant and escalated into a fight in the parking lot outside the premises, the SLA said.

All the patrons involved in the altercation refused to cooperate with the police, and when the police officers attempted to enter the establishment to speak to the owner, the licensee locked the door, walked away and did not return or respond to repeated knocks and verbal requests by police, the SLA said.

Earlier, on February 24, the SLA said police responded to another 911 call regarding an alteration involving several patrons inside the restaurant.

Upon arrival, police spoke with a female patron who stated that she was in a fight inside the restaurant, but refused to be interviewed or identified, the SLA said.

A police officer then entered the premises and was confronted by the bartender, who stated that the dispute was a domestic issue, not a fight, and that it didn’t happen inside the bar, contrary to what police were told earlier by the female patron, the SLA said.

Police responded to calls for two additional fights at Hy Ting Restaurant on Jan. 15, 2018 and Dec. 22, 2017, as well as two calls for altercations on Jan. 20, 2018 and Nov. 11, 2017; none of those calls were made by a representative of the business, and at no time did the licensee contact the police department to report the incidents, the SLA said in the release.

"Additionally, referrals from the RPD indicate that the establishment is being managed by Hung Loo, a convicted felon with a substantial criminal record, including one conviction for felony assault with a firearm," the SLA said.

On the many occasions that police were called to the premises, "Loo has represented himself as the licensee and owner of the restaurant, even though his companion is listed as the licensee," the SLA said. "Furthermore, during an SLA inspection, an investigator found evidence that Loo is the name on the bank account for the establishment and that he is signing the checks for the licensed premises. Both the hiring of a felon and making a license available to an individual not listed on the license are serious violations of the ABC Law."

On March 19, the SLA said they conducted a joint inspection of the restaurant with Riverhead Police and observed over 20 violations of the ABC Law, 36 health code violations and other fire and safety violations. And then on March 22, the SLA said they charged Hy Ting Restaurant with 48 violations, in addition to four pending charges against the licensed premises filed on February 5.

“This establishment has continuously burdened the Riverhead Police Department’s resources in the brief six months that it has been open for business,” said Counsel to the Authority Christopher R. Riano. “The manager, who has a criminal record of violent offenses, should not be involved in the premises, let alone supervising this establishment.”

According to the SLA, the premises was previously licensed under different ownership, but that license was canceled in 2012. The new liquor license for Hy Ting was issued on September 17, 2017, so the owner has only been able to sell alcohol for the last six months.

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, the release said.

When the SLA summarily suspends a license, it also serves a notice of pleading, alleging one or more disciplinary violations, the release said.

In invoking a summary suspension, the SLA has deemed the violation to be sufficiently serious upon initial review to warrant an immediate suspension, the release said.

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, the SLA said.

An order of summary suspension remains in effect until such time as it is modified by the SLA or a reviewing court, the SLA said.

A call requesting comment from the owner was not immediately returned.

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