Summary
In Rosica v State Liquor Authority (69 A.D.2d 1015 [4th Dept, 1979]), the Appellate Division applied the provisions of section 128 to a deputy sheriff.
Summary of this case from Opn. No. 1980-240Opinion
April 13, 1979
Appeal from the Erie Supreme Court.
Present — Cardamone, J.P., Simons, Hancock, Jr., Callahan and Witmer, JJ.
Judgment unanimously modified and, as modified, affirmed, with costs to petitioners, in accordance with the following memorandum: Petitioners, Rose Marie Rosica and Elise Marie Rosica, a mother and her daughter, agreed to purchase a retail liquor store from a relative who was retiring. They applied to respondent for a license and that application was granted, conditioned upon Frederick Rosica, petitioner Rose Marie Rosica's husband, resigning his employment as a Deputy Sheriff of Tompkins County (see Alcoholic Beverage Control Law, § 128, subd 1). At the present time, the husband has no direct or indirect interest in the business or the licensed premises and we find the license condition of resignation imposed upon him arbitrary (see Matter of Walpole v. State Liq. Auth., 78 Misc.2d 372, affd 46 A.D.2d 1010; Matter of Sanspar Rest. Corp. v. Ring, 65 Misc.2d 847, affd 39 A.D.2d 595). Mr. Rosica has indicated that he might work or help out in the store, however, and such participation in the business contravenes the provisions of the statute. The license should be granted subject to forfeiture if Frederick Rosica participates in the business in any way.