Article 78 appeal to review violation of Alcoholic Beverage Control Law granted
Matter of Island Mermaid Restaurant Corporation v New York State Liquor Authority
Petitioner, Island Mermaid Restaurant Corp., brought about this Article 78 appeal to review determination of the New York State Liquor Authority which found petitioner to have violated Alcoholic Beverage Law 106(6).
The respondent alleged that petitioner permitted the licensed premises to become disorderly. One of the petitioner’s employees verbally abused patrons and was involved in a physical altercation while ejecting these patrons from the premises. The petitioner argued that the evidence did not prove that licensee permitted the disorderly conduct. The incident was spontaneous and isolated and involved a nonmanagerial employee. No testimony was produced saying that the manager was aware that the incident was taking place nor was there any evidence that the employee involved had any history of any similar instances.
Accordingly, the Supreme Court granted the petition, with costs and annulled the determination.
