Café not granted Article 78 appeal in unlicensed security guard situation
Matter of AJK CafE, Inc. v New York State Liquor Authority
In this Article 78 proceeding, Petitioner appealed a determination of the New York State Liquor Authority finding him in violation of 9 NYCRR 48.3 due to employment of an unlicensed security guard. The Liquor Authority imposed a $2,500 civil penalty and an alternative penalty of a 15 day suspension of Petitioner’s liquor license plus a $1,000 bond forfeiture. Petitioner brought about this Article 78 appeal to review the Liquor Authority’s determination.
The Court felt that substantial evidence established that Petitioner was indeed in violation of 9 NYCRR 48.3 in his employment of an unlicensed security guard. Though Petitioner insisted that the employee in quest was only a busboy that was mistakenly observed to be a security guard by the detective he did not offer any admissible proof to support his position. Since the Petitioner failed to present adequate evidence, the Court found no basis to disturb the decision of the Liquor Authority.
Accordingly, the Supreme Court confirmed the determination, denied the petition, and dismissed the proceeding.
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