Dept. of Consumer Affairs v. Pamdh Enterprises Inc., d/b/a Mission

CITY OF NEW YORK
DEPARTMENT OF CONSUMER AFFAIRS
------X
DEPARTMENT OF CONSUMER AFFAIRS,
Complainant
- against -
PAMDH ENTERPRISES, INC.,
d/b/a MISSION,
Respondent.
------X / APPEAL DETERMINATION
Violation Number:
PL 1018449
LL 5084133
License Number:
None
Date: December 28, 2007

Respondent Pamdh Enterprises, Inc., appeals from the Decision in this case, insofar as it found Pamdh guilty of violating Administrative Code of the City of New York Section 20-360 by engaging in unlicensed cabaret activity, and Title 6 of the Rules of the City of New York Section 2-207 (8 counts) by failing to exercise proper care and responsibility in supervising crowd control in areas adjacent to its entrance and by failing to make a good faith effort to ensure that the crowd awaiting admission to, or leaving its premises did not cause excessive noise or litter, or behave in a manner that disturbed the public peace or safety. The Decision imposed a total fine of $28,400.

Based on the arguments presented in the respondent's appeal and a review of the record, it has been decided that this matter be remanded to Judge Mitchell Nisonoff for issuance of a new Decision, which shall supersede the original Decision. The new Decision shall include a credibility determination regarding the testimony of the respondent’s president that the respondent was not a dance club and that dancing was not permitted on the premises.


In light of all of the facts and circumstances of this case, the Decision shall remain in effect until the issuance of a new decision.

SO ORDERED:

______

Diana Zalph

Director of Adjudication

CERTIFICATE OF MAILING

On December 28, 2007 , an APPEAL DETERMINATION was mailed to the following:

Violation Nos.:PL1018449 License No.: None

LL 5084133

By enclosing it/them in an envelope addressed to:

Michael Konopka, Esq. David Casey Mark Philip Quilter

277 Broadway, Suite 810 Pamdh Enterprises, Inc. Pamdh Enterprises, Inc.

New York, NY 10007 217 Bowery 217 Bowery

New York, NY 10002 New York, NY 10002

Sheri Lynn Wilson

Pamdh Enterprises, Inc

217 Bowery

New York, NY 10002

£ SCAN £ Licensing

£ Enforcement

£ Matthew Eubank

£ ______£ ______

______

SIGNATURE

Margarita Ramirez

PRINT

CAMIS ENTRY: Matter Remanded

CAMIS ENTRY DATE: December 28, 2007

New York City Department of Consumer Affairs • 66 john street • New York, New York 10038 • (212) 361 -7770

www.nyc.gov/consumers