From Casetext: Smarter Legal Research

Matter of Moonwalkers Restr. v. Liq. Auth

Appellate Division of the Supreme Court of New York, First Department
May 14, 1998
250 A.D.2d 428 (N.Y. App. Div. 1998)

Opinion

May 14, 1998

Appeal from the New York State Liquor Authority.


The evidence does not support the respondent's finding that the petitioner violated Alcoholic Beverage Control Law § 106 Alco. Bev. Cont. (6) on June 8, 1996, since the events that culminated in a patron striking a band member were unexpected and of such a brief duration that petitioner could not have prevented them through reasonable supervision ( see, Matter of Beer Garden v. New York State Liq. Auth., 79 N.Y.2d 266, 276-277; Matter of City world Enters. v. New York State Liq. Auth., 183 A.D.2d 402).

There was, however, substantial evidence to support respondent's finding that patrons were directly served from a service bar in violation of Alcoholic Beverage Control Law § 100 Alco. Bev. Cont. (4) ( see, Matter of Square Rigger Bar v. New York State Liq. Auth., 181 A.D.2d 611), and that the subject premises were overcrowded for a sufficiently lengthy time that the manager should have known of the condition and prevented the premises from becoming disorderly ( see, Matter of Beer Garden v. New York State Liq. Auth., supra; see also, Matter of 7th Ave. Grove St. Corp. v. New York State Liq. Auth., 215 A.D.2d 107; Matter of Lois, Inc. v. New York State Liq. Auth., 201 A.D.2d 380).

Even were we not annulling the violation based upon the June 8, 1996 altercation/assault, we would find the penalty of revocation harsh and excessive. For the reasons stated, the matter is remanded to the agency for imposition of an appropriate penalty.

Concur — Lerner, P. J., Ellerin, Rubin and Saxe, JJ.


Summaries of

Matter of Moonwalkers Restr. v. Liq. Auth

Appellate Division of the Supreme Court of New York, First Department
May 14, 1998
250 A.D.2d 428 (N.Y. App. Div. 1998)
Case details for

Matter of Moonwalkers Restr. v. Liq. Auth

Case Details

Full title:In the Matter of MOONWALKERS RESTAURANT CORP., Petitioner, v. NEW YORK…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 14, 1998

Citations

250 A.D.2d 428 (N.Y. App. Div. 1998)
673 N.Y.S.2d 16

Citing Cases

In re 47 Ave. B. East Inc. v. New York State Liquor Authority

) Accordingly, we find that the SLA exceeded its authority in determining that the petitioner violated the…

People v. Serro

Thus, the courts have held that there was no violation where the events leading to the disorderly condition…