SLA Moves to Revoke Rob Shamlian’s Liquor License at The Derby
Posted on: May 1st, 2014 at 5:22 am by Elie
This image has been archived or removed.
The Derby replaces Tiny Fork on Orchard St.
Barely a fortnight after Rob Shamlian’s Derby debuted in Hell Square, the State Liquor Authority is wielding the hammer. The agency just initiated proceedings to revoke and/or cancel his liquor license at 167 Orchard Street.
Shamlian had until yesterday to submit his plea to the state.
The case will likely go before the full board at some point in the near future. It’s unlikely, however, that this sabre-rattling action will have teeth. As witnessed with the travesty surrounding EMM Group on the Bowery, a plea deal is usually the result. After all, the SLA is in the business of collecting cash.
The revocation action mainly stems from the illegal use of the basement space, a flashpoint issue for both the neighborhood and the SLA. Unable to attain the blessings from Community Board 3, Shamlian went straight to the state, though continued to operate the subterranean bar (“The Cellar”). Video proof submitted by the LES Dwellers swayed Chairman Rosen to deny the alteration from service to stand-up bar back in October. (The proprietor will appear next month to again argue the case for a basement bar at next month’s CB3 meeting)
Here are the infractions cited:
- That on or before 12/13/13, in violation of subdivision 1 of section 99-d of the Alcoholic Beverage Control Law, the licensee altered the licensed premises without the permission of the State Liquor Authority first obtained.
- That on or before 12/13/13, in violation of subdivision 4 of section 100 of the Alcoholic Beverage Control Law, the licensee maintained and operated more than one stand-up bar on the licensed premises without the permission of the State Liquor Authority first obtained.
- That on or before 12/13/13, the licensee failed to conform with all representations set forth in the application, or approved amendments thereto, for the on-premises license under which such license was applied for and issued; all cause for revocation, cancellation, or suspension of the license in accordance with Rule 54.8 of the Rules of the State Liquor Authority [9 NYCRR 48.8].
- That on or before 12/13/13, the licensee used the trade name Tiny Fork in connection with the licensed business without the permission of the Authority first obtained; all cause for revocation, cancellation, or suspension of the license in accordance with rule 36.1(p) of the Rules of the State Liquor Authority [9 NYCRR 53.1(p)].
And the full letter for your leisure:
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