The former owner of two downtown Buffalo eating establishments has been ordered to repay more than $300,000 to New York state for unpaid sales tax and placed on five years probation.

David Forness, who owned The Buffalo House on Franklin Street and Hemingway's on Pearl Street, was sentenced Thursday by State Supreme Court Justice Russell Buscaglia to five years' probation on felony larceny charges, the state Department of Taxation said.

Forness, 71, of 501 Delaware Ave., entered a guilty plea July 13, 2009 to grand larceny in the fourth degree, a class E felony, for failing to pay $50,671.04 in sales taxes he collected at the two restaurants between September 2004 and May 2007.

Forness made an initial payment of $10,000 when he pleaded guilty, then paid $40,671.04 during the court proceeding, covering the total amount of sales tax due, tax-department officials said. Forness also signed an agreement with the state to repay $338,000, which represents his total outstanding liability, including interest and penalties. Forness agreed to make monthly payments of $4,800 beginning March 1.

The Buffalo House remains closed. Forness sold Hemingway's in 2008.