202 Market loses ABC appeal in River Laker stripping incident

10:17 p.m.

Nearly one year after the River Laker stripping incident happened at 202 Market in Downtown Roanoke, the Virginia ABC Board announced it is upholding its decision to punish the restaurant.

Back on September 16, 2011, the ABC Board ruled that 202 Market had the choice of either a ten day suspension of its liquor license, or pay a $1,000 civil fine and serve a three day liquor license suspension.

As WSLS reported during the original ruling, the ABC Board's investigation found it was the duty of the management of 202 Market to monitor activities and conduct, to ensure compliance with ABC rules and regulations.  Also, the investigation found suspension or revocation of a liquor license is mandatory when stripteasing has occurred at a licensed business.

ABC Special Agent A. Goodman reviewed the video from the February 4, 2011 striptease, during The Square Society's 'Valentini" fundraiser event.  The video shows Laker get on stage, and begin taking his clothes off.  At one point during the video, Agent Goodman's report claims one of the emcees can be heard telling Laker, "if you take off any more, we'll lose our ABC license."

The ABC report went on to say 202 Market allowed the striptease, and stated the "issue is one of omission... Rather than a premeditated flagrant violation."  The report goes on to read the "unforseeable became foreseeable as Mr. Laker moved inexorably towards nudity, had anyone been paying attention," basically faulting 202 Market staff for not doing anything to stop Laker once he began stripping.

Tony Anderson, the attorney for 202 Market, said back in August, "202 never allowed this, never condoned it, never encouraged it and they stopped it as quickly as they could after it happened."

It's still unclear what the restaurant's next move in all of this will be.

If 202 Market decides not to appeal, again within 30 days of getting the notice, it will have to comply with the punishment for what happened.

Anderson said Tuesday evening that a decision about whether 202 Market will appeal again is expected by the middle of next week.  Anderson also wanted to emphasize that at this point there is no suspension in effect for the restaurant.

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3:58 p.m.

Today (Tuesday) the Virginia ABC Board released their appeal decision regarding 202 Market.

The decision says on February 4, 2011 the licensee allowed a strip tease to take place, which is in violation of the Code of Virginia.

In September and ABC officer ruled to suspend 202 Market's liqour license for 10 days or pay a $1,000 fine and have their license suspended for 3 days.

And appeals hearing was held in December 2011, and according to the ABC Board's decision released today, the board has decided the ruling stays the same.

202 Market has 30 days to appeal this decision. So far no suspensions or fines have taken place.