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GRAND RAPIDS (WZZM) -- An attempt by The B.O.B. to appeal its 3-day liquor license suspension has backfired. Tuesday, the Michigan Liquor Commission amended the original order and now the downtown bar, restaurant, and nightclub venue is facing a 10-day fine.

Owner Greg Gilmore and his attorney tried to appeal the first suspension, but they left shocked by the decision. The hearing was expected to go one of two ways: The commission could either confirm or reverse a previous decision to suspend the BOB's liquor license for three days.

It was in response to the death of Kevin O'Brien, a customer, who fell down a flight of stairs in 2013.

Chairman Andy Deloney, decided to add a previous charge. The bar was already being held responsible for providing alcohol to an intoxicated person and allowing him to consume it on the property. A loitering charge was added on.

"I feel that Commissioner Clemente reasonably concluded and did not err in one and two. But did err in not saying they were responsible for number three," Deloney said in the hearing.

That meant that the penalty for The B.O.B. would be higher.

"By finding that the licensee is responsible for count three, to add 300 dollars to the penalty and lengthening the suspension from three to 10 days," Deloney said.

Owner Greg Gilmore left the hearing without commenting on the decision. He can now take the issue to Circuit Court. Barring any kind of temporary stay, the liquor license suspension will go into effect June 10-19.

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