Tuesday, August 4, 2020

Governor Cuomo Announces Suspension of 19 Additional New York Bars' Liquor Licenses for Egregious Violations of Coronavirus-Related Regulations

83 Businesses' Liquor Licenses Have Been Suspended During Public Health Emergency

Multi-Agency Task Force Conducted Over 3,000 Compliance Checks Friday through Sunday Night, Observing 106 Additional Violations 

596 Charges Have Been Filed and Processed To Date; Updated List of Suspensions and Charges Available HERE


  Governor Andrew M. Cuomo today announced the state has suspended liquor licenses for 19 New York State bars after finding egregious violations of pandemic-related Executive Orders. Over the weekend, the state's multi-agency task force, led by the State Police and State Liquor Authority, conducted 3,047 compliance checks, documenting violations at 106 establishments. Businesses found in violation of COVID-19 regulations face fines up to $10,000 per violation, while egregious violations can result in the immediate suspension of a bar or restaurant's liquor license. 

"We continue to see situations that are just not intelligent and local governments have to crack down on these, whether they're in New York City or Long Island or upstate New York," Governor Cuomo said. "Bars and restaurants that continue to act irresponsibly are disrespectful, engaging in illegal behavior, and not only violating public health, but they are violating common decency. Protecting the health and safety of New Yorkers remains our number one priority, and we will continue to take aggressive enforcement actions against businesses that violate the law."

State Liquor Authority Chair Vincent Bradley said, "Blatantly ignoring public health and safety is inexcusable and the State Liquor Authority will continue to seek out and shut down businesses refusing to comply to the Governor's Executive Orders." 

The 19 establishments issued emergency orders of summary suspension from the State Liquor Authority Board during meetings on July 31st, August 1st, and August 2nd are:

"The New Elbo Room" at 170 Delaware Avenue in Albany, on August 2, 2020  

On July 30th, investigators with the state's multi-agency task force conducted an undisclosed compliance check of the premises finding the bar crowded with patrons mingling, drinking and walking around the premises without facial coverings. Numerous sales of alcohol to patrons without food were observed, with the bartender informing investigators they only needed to purchase chips with alcohol. Investigators also observed patrons playing pool, and witnessed several patrons exiting the premises with alcoholic beverages without food. At no time during the inspection did investigators observe employees ask patrons to be seated, wear masks, not to stand and drink at the bar, or maintain social distancing. 

"Tequila Sunrise" at 132 West Fordham Road in the Bronx, on August 2, 2020   

On July 25th, investigators with the state's multi-agency task force observed five employees without facial coverings, including the manager, two servers, a bouncer and a DJ. On August 1st, the SLA received a referral from the NYPD that on July 23rd and 24th, the premises was in full operation after New York City's 11 p.m. curfew for outside service, with over one-hundred-fifty patrons gathered outside the business, standing and drinking without facemasks, smoking hookah, with loud music playing with cars double parked in the street blocking traffic. The NYPD issued a summons on July 24th. 

"Brothers Taverna" at 23-01 Steinway Street in Astoria, on August 2, 2020  

On August 1st, investigators with the state's multi-agency task force observed a band playing with a crowd of approximately twenty-five patrons standing and dancing in front of the establishment without facial coverings, ignoring social distancing guidelines and consuming alcoholic beverages from clear plastic cups with no lids.

"La Sabrosura" at 25A East 170 Street in the Bronx, on August 2, 2020  

On July 31st, investigators with the state's multi-agency task force observed a DJ without a facial covering playing music in the street encouraging patrons congregate. Investigators documented four employees not wearing face coverings, over ten patrons at tables not properly spaced apart, patrons standing, ignoring social distancing guidelines and alcohol being sold on the premises and "to go" without any food, with the kitchen not operational during the inspection. 

"Bettolona" at 3143 Broadway in Manhattan, on August 2, 2020   

On August 1st, investigators with the state's multi-agency task force observed nine patrons sitting inside the restaurant eating and consuming alcohol. Additionally, an employee in the kitchen was observed cooking without a facial covering. 

"21 Greenpoint" at 21 Greenpoint Avenue in Brooklyn, on August 2, 2020   

On August 1st, investigators with the state's multi-agency task force observed two patrons inside the premises eating and drinking at the bar without facial coverings. Investigators also observed a crowd congregating directly outside the premises with two patrons without facial coverings standing and eating in addition to an unauthorized sidewalk table next to curb side. 

"Posh" at 405 West 51st Street in Manhattan, on August 2, 2020  

On August 1st, investigators with the state's multi-agency task force observed approximately thirty patrons gathered outside the restaurant, ignoring social distancing guidelines with numerous patrons standing and drinking, in addition to employees without facial coverings. 

"Lasagna Restaurant" at 196 8th Avenue aka 258 West 20th Street in Manhattan, on August 1, 2020   

On July 31st, investigators with the state's multi-agency task force observed five patrons sitting at the bar inside the premises consuming alcohol. The bartender, identified as the manager, was found serving the patrons without a facial covering. 

"Congress" at 208 Court Street in Brooklyn, on August 1, 2020   

On July 31st, investigators with the state's multi-agency task force observed eleven patrons directly in front of the premises drinking alcohol without food. Additionally, two customers were observed receiving alcoholic beverages to-go in open containers without food. 

"Made in Mexico" at 3950 10th Avenue in Manhattan, on August 1, 2020   

On July 31st, investigators with the state's multi-agency task force observed approximately seventy-five patrons gathered in a nightclub-like-atmosphere in the outdoor dining area, ignoring social distancing guidelines, numerous patrons drinking while standing, with tables not properly spaced apart and numerous patrons and employees without facial coverings. 

"Fokkus Room & Cucine" at 136-138 West Fordham Road in the Bronx, on August 1, 2020   

On July 28th, investigators with the state's multi-agency task force observed the premises in full operation after New York City's 11 p.m. curfew for outside service with approximately forty-five individuals congregating in front of the sidewalk of the establishment and into the roadway, not socially distanced, not seated at tables and not wearing facemasks. One server was observed not wearing a face mask and the business had unlawfully expanded its footprint by placing tables in front of a neighboring business. 

"Pazza Notte" at 1375A Avenue of the Americas in Manhattan, on August 1, 2020   

On July 28th, investigators with the state's multi-agency task force observed nine patrons standing on the sidewalk in front of the premises without facial coverings, with three observed ordering and consuming alcohol from a makeshift bar at this licensee's premises without any food. 

"Shinsen" at 44 Bowery in Manhattan, on July 31, 2020   

On July 30th, investigators with the state's multi-agency task force observed at least 35 individuals, the majority not wearing masks or following social distancing protocols, consuming alcoholic beverages inside the restaurant without food present. Investigators also observed lap dances being performed by topless females without facemasks inside the premises, which is not approved for adult entertainment.

"Capelli's Café" at 107-11 Northern Boulevard in Corona, on July 31, 2020   

On July 25th, investigators with the state's multi-agency task force observed the premises operating after New York City's 11 p.m. curfew for outside service, with at least 30 patrons seated and 8 patrons standing in the outdoor dining area, ignoring social distancing guidelines, with both employees and patrons observed not wearing facial coverings and no food being served. Additionally, on July 30th the SLA received a referral that on July 27th, NYPD officers responding to a 911 call observed four people, including the restaurant's manager, inside the premises consuming alcohol without face masks.   

"Marina Café" at 154 Mansion Avenue on Staten Island, on July 31, 2020   

On July 28th, investigators with the state's multi-agency task force observed twenty patrons in addition to five employees inside the premises without facial coverings. Investigators also observed at least ten tables where patrons were consuming alcohol with no evidence of food being served or having been consumed.

"True Colors" at 7915 Roosevelt Avenue in Jackson Heights, on July 31, 2020   

On July 25th, investigators with the state's multi-agency task force observed approximately twenty patrons standing in front of the location without facial coverings, ignoring social distancing guidelines, and no food being served.  Investigators also noted DJ playing music on the sidewalk without a facemask and outdoor tables extended out in front of a neighboring business. True Colors is a repeat offender, with pending charges for EO violations on July 18th.  

"Amata" at 209 15 East 56th Street in Manhattan, on July 31, 2020   

On July 30th, investigators with the state's multi-agency task force observed eight patrons at four separate tables inside the restaurant, in flagrant violation of Executive Order 202.43 regarding indoor dining. 

"George Keeley's" at 485 Amsterdam Avenue in Manhattan, on July 31, 2020   

On July 30th, investigators with the state's multi-agency task force observed twelve patrons standing and congregating around high top tables outside the bar with alcohol and with just one basket of popcorn on the table.

"Yeras Restaurant and Sports Bar" at 86-09 Northern Boulevard in Jackson Heights in Jackson Heights, on July 31, 2020  

On July 18th, investigators with the state's multi-agency task force observed the business operating after New York City's 11 p.m. curfew for outside service with fourteen patrons congregating outside the premises without face masks, consuming alcohol, and ignoring social distancing guidelines. An employee at the front door was not wearing a face covering and no food was observed being served. 

The SLA also denied a pending liquor license for a hotel, BLVD 93 in Rego Park, today. On August 1st, a SLA investigator discovered a large gathering in progress at the premises, with two separate parties on the rooftop with over one-hundred patrons at each. Investigators found alcohol being served at the unlicensed location, with patrons without facial coverings standing, ignoring social distancing guidelines and illegally smoking hookah. A criminal court summons was issued by the NYPD for warehousing alcoholic beverages without a permit. 

The SLA also determined today the license for "Liberty Belle," a party boat docked at 72 Bowne Street in Brooklyn will not be renewed. On August 1st, officers with the New York City Sheriff's Office discovered over one-hundred patrons aboard the party vessel, ignoring social distancing guidelines and serving alcohol with an expired liquor license, with Sheriff's arresting the owners and captain for social distancing violations and operating an unlicensed bar. 

The emergency suspensions were ordered by Chairman Bradley, Commissioner Lily Fan and Commissioner Greeley Ford at special meetings of the Full Board on July 31st, August 1st, and August 2nd, 2020, all conducted by a digitally recorded video under social distancing guidelines. 

Emergency Summary Suspensions are imposed when the SLA finds the continued operation of a licensed business threatens public health and safety. Suspension orders are served immediately and remain in effect indefinitely, with the maximum penalty including the permanent revocation of the license and fines of up to $10,000 per violation. Licensees subject to an emergency suspension are entitled to an expedited hearing before an SLA Administrative Law Judge.

MAYOR DE BLASIO ON TROPICAL STORM ISAIAS PREPARATIONS


  Mayor Bill de Blasio: All right, everybody. Well, what you're seeing here are the preparations for the storm that's going to be coming in, in the next 24 hours. And I want to thank Commissioner Deanne Criswell, everyone at Emergency Management, everyone at Environmental Protection, Department of Transportation – there's a lot of agencies that are working right now to make sure things are safe and secure. What you see here are the tiger dams. So, these orange barriers have been put in place, filled with water, and they connect to the HESCO barriers, that's the tan barriers you see down there, that's a permanent feature. So, what's going to happen here by the end of the day today is you will have a full ceiling, a full barrier from Catherine Slip up by the Brooklyn Bridge all the way down to Wall Street.

 

Now, for anybody who was here after Hurricane Sandy, you will remember how hard this neighborhood got hit. I talked to a lot of people in those days who lived here, a lot of people who worked here. They went through, really, hell in this neighborhood. A lot of businesses were closed for a long time. It was a very, very difficult situation. This is a particularly low-lying area with a lot of people in it. So, these barriers now are going to provide us a different kind of protection than what we were dealing with back then. If you look over by the Wavertree, I was pointing earlier to that sign, right to the left of the ship, that shows you the high-water mark from Sandy. It was four feet from ground level – from where we are standing – four feet of storm surge. We're expecting a lot less, thank God, with this storm, but it reminds you of what people went through and why it is so important to protect this neighborhood and neighborhoods that are vulnerable. And a lot of different things have been done over the years. Permanent barriers being put in place in a lot of areas. I mentioned this morning, the Rockaway Beach boardwalk – five-and-a-half mile long permanent barrier. It’s a great example, but many, many other efforts have been put in and will be put in in the coming years.

 

This is a kind of thing we'll have to do to protect ourselves from this point forward, given climate change and the challenges we face. So, I want to thank all of the agencies that have done this great work, and want to encourage all New Yorkers, take this storm seriously. Please take precautions. Please look out for your neighbors. If anyone needs help, make sure you're there for them because this is the kind of thing that comes on fast and people need to be ready.


Important Notice from Senator Biaggi: Tropical Storm Warning in District 34


Senator Alessandra Biaggi

Dear Community,

As you may already be aware, Tropical Storm Isaias is making its way up the east coast. I urge you and your family to be prepared, safe, and informed.

The National Weather Service has issued a Tropical Storm Warning, as well as flash flood watches, for the lower Mid-Hudson, New York City, and Long Island regions.

New York City and the lower Mid-Hudson should expect hurricane-like conditions – strong winds and very heavy rainfall – starting tomorrow (Tuesday), August 4th, through at least tomorrow evening. Forecasts are predicting that New Yorkers in these regions could experience wind speeds between 40 and 50 mph, with gusts reaching nearly 70 mph at the peak of the storm. The storm is also expected to bring between two to four inches of rain to New York, with the possibility of up to six inches in areas experiencing the heaviest impact. Localized storm surges of up to two feet are also a possibility along the coastline.

New Yorkers can view the complete listing of National Weather Service notices, as well as access the latest forecasts, by visiting their website here.

New York State has pre-deployed resources to the regions that are expected to experience the greatest impacts. New York City has also announced that it will close all city-run beaches to swimming on Tuesday.

At this time, the American Red Cross in Greater New York has staff members on standby to open 10 shelters across the region, including in New York City and Westchester County. These teams are trained to provide comfort and care to evacuated/displaced residents while taking into account safety protocols necessitated by COVID-19. 

Tips from the Red Cross on How to Be Prepared, Safe, and Informed:

  • Monitor the news and follow warnings issued by Emergency Management officials.
  • Have supplies on hand at home – i.e. food, water, flashlights, chargers, batteries, medication, cash – in the event that you have to shelter in place and a bag ready to go with some of the same supplies if you have to evacuate. 
  • The Red Cross has a free Emergency App available for download with preparedness tips, info on shelter locations, and weather alerts. 

The Red Cross is also seeking new volunteers for their Hurricane Reserve Corps. To sign-up, click here and scroll down to find the “Shelter” or “Health Services” roles. Training for these new volunteers will be conducted online.

Just as you have done throughout the course of this pandemic, be sure to check in with your neighbors and loved ones who may be vulnerable and in need of support during the storm. And as always, you can reach Team Biaggi for assistance by calling 718-822-2049 or emailing biaggi@nysenate.gov.

Stay safe and dry District 34!

With Gratitude,

New York State Senator Alessandra Biaggi

Pelham Parkway Clean Up


  As part of the Monday Morning Clean Up Program instituted by Bronx Borough president Ruben Diaz Jr. members of the community met with Parks Department employees, staffers from Councilman Mark Gjonaj's office, and workers from Wildcat to clean up the Pelham Parkway area from White Plain Road to Muliner Avenue. 

Dozens of bags of assorted trash, plastic containers, and empty bottles were collected by the many volunteers who did a job well done. The parkway looked much cleaner now that the trash that was collected was gone. The hope is that no new trash will be discarded, but only time will tell if another clean up is needed.


Above - Bronx Parks Commissioner Iris Rodriguez is joined by some of her Parks Department employees, and a few of the volunteers.
Below - Members of the Pelham Parkway Neighborhood Association hold their tolls for the clean up of their area.





The volunteers in action, cleaning up Pelham Parkway.

Monday, August 3, 2020

Is the Board of Elections going to Certify Alleged Election Fraud in the 78th and 87th Assembly Districts


  Baring a hurricane that floods the Board of Elections in lower Manhattan below is the agenda for Tuesday's 1:30 PM commissioners meeting to certify the June 23, 2020 Primary Election. What Item #3 is about is a mystery. There are rumors it will involve how to eliminate votes for certain candidates in the 79th and 87th Assembly Districts who were on the ballot while the Board of Elections Appealed a judge's ruling that put those candidates back on. We hope that the BOE also explains how they did not check the residency of one candidate in the 79th Assembly race who did not meet the New York State constitution requirements for residency.
 

BOARD OF ELECTIONS
THE CITY OF NEW YORK 
DRAFT AGENDA 
COMMISSIONERS MEETING 
TUESDAY, AUGUST 4, 2020 AT 1:30 P.M.

1. Meeting of the Board of Canvassers in the City of New York to Certify the June 23, 2020 Democratic Presidential Primary Election and the June 23, 2020 Primary Election for Public Offices and Party positions within the City of New York

2. Michael J. Ryan a. Appointment of Commissioners’ Cover Sheet Review Committees for Week #2 – Independent Nominating Petitions for the November 2020 General Election

3. Executive Session 

MAYOR DE BLASIO ANNOUNCES OPEN RESTAURANTS WILL RETURN NEXT SUMMER


Popular program has saved an estimated 80K jobs

  Mayor de Blasio today announced the City’s popular Open Restaurants program, which allows restaurants to serve diners in sidewalks and curb lanes, will return next summer. Over 9,000 restaurants have signed up for the program, which has helped save nearly 80,000 New York City jobs since June.
 
Outdoor dining will return to the city by June 1, 2021 and run through October 31st. The City will also bring back a popular initiative that combines Open Restaurants with Open Streets. On weekends, restaurants on participating corridors will go farther away from the curb than other Open Restaurants participants, and the rest of the streets will be open to pedestrian traffic.
 
“It’s time to start a new New York City tradition,” said Mayor Bill de Blasio. “New Yorkers deserve the chance to enjoy their meals outside next summer, and restaurants deserve the chance to continue building their businesses back. I’m proud to expand such a popular program, and I look forward to participating myself next year.”
 
"Open Restaurants has been an overwhelming success, providing a small sense of normalcy for New Yorkers who have endured so much this year, but also providing thousands of jobs across the City and helping restaurants stay in business," said Deputy Mayor Laura Anglin. "Bringing this program back next year makes perfect sense and allows restaurants more time to plan and continue to find creative ways to serve New Yorkers."
 
"In just two months, Open Restaurants has helped re-imagine our public spaces — bringing New Yorkers together to safely enjoy outdoor dining and helping to rescue a critical industry at the same time,” said DOT Commissioner Polly Trottenberg. “We are thrilled that the Mayor has announced that this hugely successful team effort will return next year. We look forward to further collaboration with our partner agencies, community groups and restaurateurs who have already worked so hard to put this vision into place.”
 
“We are thrilled to see the expansion of the Open Restaurant Program,” said Jonnel DorisCommissioner of the NYC Department of Small Business Services. “This has been a tremendous benefit to the restaurant industry during these trying months and the continuation of the program to next summer will allow for increased participation in the future.”
 
The hours of operation for Open Restaurants are Monday to Saturday, 8:00 AM – 11:00 PM, and Sunday 10:00 AM – 11:00 PM. A searchable citywide map of existing Open Restaurants can be found here. For more information on the program, including regulations, guidelines, and the application, click here.
 

Uniform Land Use Review Procedure (ULURP) Clock to Restart on September 14


CPC meetings will be held remotely for the foreseeable future, with new portal, NYC Engage, for New Yorkers to easily participate

  As the City Planning Commission (CPC) begins remote public meetings today, CPC Chair Marisa Lago announced that the City’s Uniform Land Use Review Procedure (ULURP) is set to resume on Monday, Sept. 14.

“As New York works to recover and rebuild from this pandemic, it is more crucial than ever that, together, we get back to the business of creating new affordable housing and good jobs. I think that I speak for the entire Commission in saying that we are excited to return to the important work of helping craft a more equitable, healthier, sustainable and livable city, one that bounces back stronger than ever,” CPC Chair Marisa Lago said.


The ULURP process was suspended by Mayoral Emergency Executive Order on March 16 due to the COVID-19 pandemic. Today, the CPC began work on land use applications that are not subject to ULURP, on ULURP applications that were already in public review prior to March 16 and on applications that will enter ULURP review in the future.


The portion of the Mayor’s Emergency Executive Order that suspended ULURP will end on Sept. 14, at which point the CPC will again begin advancing new ULURP applications. Not until then will ULURP applications adhere to ULURP time frames for public review.


This staggered restart of the public review process will help ensure that the City's 59 community boards, which must adhere to ULURP's timeline but often do not meet during summer months, are ready to host remote public meetings as soon as the ULURP clock restarts.


Public draft agendas for upcoming CPC meetings will be posted on the Department of City Planning (DCP) website in the days before the meetings take place. Due to the pandemic, CPC meetings will be held remotely for the foreseeable future.


To provide the public with information about upcoming meetings and how anyone can participate online or by phone, the City recently launched a new web portal, NYC Engage. Events will be added to NYC Engage in the coming months from the CPC and other agencies. Additional information on NYC Engage is available at the above link and in this earlier press release.


Department of City Planning
The Department of City Planning (DCP) plans for the strategic growth and development of the City through ground-up planning with communities, the development of land use policies and zoning regulations applicable citywide, and its contribution to the preparation of the City’s 10-year Capital Strategy. DCP promotes housing production and affordability, fosters economic development and coordinated investments in infrastructure and services, and supports resilient, sustainable communities across the five boroughs for a more equitable New York City.

In addition, DCP supports the City Planning Commission in its annual review of approximately 450 land use applications for a variety of discretionary approvals. The Department also assists both government agencies and the public by advising on strategic and capital planning and providing policy analysis, technical assistance and data relating to housing, transportation, community facilities, demography, zoning, urban design, waterfront areas and public open space.


Bronx Board of Election Part 4 - 'REMAKE'


June 23,2020 was Primary day in New York City. We have entered the month of August 2020 without the official results of the June 23, 2020 primary.

On Monday August 3, 2020 the 'Manual Canvass of the Democratic Party County Committee ED 85/AD 87 of the Bronx is to be done. That appears to be the last race to be counted, as the Board of Elections website says that the other four boroughs have been completed. 

While there are several probable lawsuits the results of the 79th A.D. from member of the Assembly to all party positions are in question. That also goes for the Male District Leader position of the 87th A.D. where names of candidates were put on the ballot as the Board of Elections appealed a judges decision to put those candidates back on the ballot. I was told by BOE spokesperson Valerie Vazquez-Diaz that the ballots had to be printed up before the decision of the appeal by the BOE was handed down. She added that the BOE was not sure that they would win the appeal, so the names of the candidates were placed on the ballots. 

Also in the 79th A.D. the Board of Elections did not do its job to make sure that all the candidates met the residency requirement of five years of residency in the state to run for any assembly position. One candidate Mr. Elvis Santana had only three years of residency in New York State, and should have been knocked off the ballot by the BOE. 

In watching the opening of the Absentee and Affidavit ballots one word came up often, that word being REMAKE. The word remake has two meanings. One as a noun in the film industry is 'one that is remade'. The other as a verb i 'to make anew or a different form. At the Board of Elections the word REMAKE meant that a representative of both parties had to come to the A.D. table where the opening of ballots was going on to take the ballot in question to an area in the back of the room. Then a blank ballot would be taken from the rack of blank ballots that matched the A.D. and E.D. so the BOE workers could fill in the ballot and it could be returned to the counting table.

There were several reason as to why a ballot had to be remade. The ballot was torn in the opening process which would mean it could not go through the ballot scanning machine. Only one of the two ballots was in the envelope, and a blank second ballot had to be made, because the ballot scanning machine registered both paper ballots during the scanning process. The BOE worker found something wrong with the ballot where the vote may not get counted. 

In watching the 79th A.D. ballot opening when remakes were made they appeared to be honest as during the viewing session I was a watcher for one of the candidates, and checked where the marks were on the ballots. I can say there was no pattern of placing marks for only one candidate during the remake process of hundreds of ballots. 

 
Above - The area where all the blank ballots were kept, as you see a BOE worker looking for a certain AD/ED ballot.
Below - The area where the REMAKE ballots were done.




BOE workers returning the remade ballot to the counting table.