Matter of McGillicuddy’s Tap House, Ltd. v New York State Liquor Authority

This Article 78 proceeding was brought about to review a determination of the New York State Liquor Authority finding petitioner McGillicuddy’s Tap House in violation of the Alcoholic Beverage Control Law. Petitioner was charged with permitting a licensed premises to become disorderly following

In July 2006, a police officer noticed someone smoking marijuana in a tavern in Brooklyn, Albany Manor. Subsequently, an administrative law judge revoked the bar’s liquor license on the grounds that the bar owner “suffered or permitted” the tavern “to become disorderly”. The tavern then initiated this Article 78 appeal.

 

Albany Manor argued that