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Matter of E.G. Pub v. N.Y. St. Liquor Auth

Appellate Division of the Supreme Court of New York, First Department
Mar 2, 1995
213 A.D.2d 156 (N.Y. App. Div. 1995)

Summary

holding vendor liable, without inquiring into vendor's state of mind, where patrons carried alcohol off-premises

Summary of this case from Englund v. MN CA Partners

Opinion

March 2, 1995

Appeal from the Supreme Court, New York County [Edward Lehner, J.].


An investigator for the respondent testified that he observed an employee of petitioner serve alcoholic beverages to patrons who then proceeded outdoors, off the grounds of the premises, to consume these drinks. Accordingly, there was substantial evidence which demonstrated that petitioner-pub sold liquor for off-premises consumption in violation of Alcoholic Beverage Control Law § 106 (3) (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 180; Matter of Lilpin Tavern v. New York State Liq. Auth., 146 A.D.2d 484, 486, lv denied 74 N.Y.2d 607).

Further, the penalty imposed herein was not so disproportionate to the offense as to be shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Matter of August Vazac Rest. v. New York State Liq. Auth., 205 A.D.2d 391; Matter of Eclipse Disco v. New York State Liq. Auth., 176 A.D.2d 649).

Concur — Rosenberger, J.P., Kupferman, Asch, Rubin and Tom, JJ.


Summaries of

Matter of E.G. Pub v. N.Y. St. Liquor Auth

Appellate Division of the Supreme Court of New York, First Department
Mar 2, 1995
213 A.D.2d 156 (N.Y. App. Div. 1995)

holding vendor liable, without inquiring into vendor's state of mind, where patrons carried alcohol off-premises

Summary of this case from Englund v. MN CA Partners
Case details for

Matter of E.G. Pub v. N.Y. St. Liquor Auth

Case Details

Full title:In the Matter of E.G. PUB, INC., Petitioner, v. NEW YORK STATE LIQUOR…

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

Date published: Mar 2, 1995

Citations

213 A.D.2d 156 (N.Y. App. Div. 1995)
623 N.Y.S.2d 222

Citing Cases

Englund v. MN CA Partners

See State v. Neisen, 415 N.W.2d 326, 329 (Minn. 1987) (declining to find violation where vendor…