Opinion
July 11, 1967
Order and judgment granting petitioner-respondent's petition to annul respondent-appellant's determination disapproving renewal of petitioner-respondent's restaurant liquor license, unanimously reversed, on the law, the determination reinstated, and the petition dismissed, with $50 costs and disbursements to respondent-appellant. The chief reason for the Authority's refusal to issue a renewal license was its conclusion that the licensee permitted homosexuals to remain on the licensed premises and act in a lewd and indecent manner. The conclusion is based on testimony given by police officers in a revocation proceeding instituted against the licensee. Apart from describing the homosexual patronage of the premises, the officers testified to three occasions on which they themselves were solicited by males to commit lewd and indecent acts. On two occasions the solicitation was by patrons, on the third, approximately a week later, by a waiter. In our opinion the Authority's determination cannot be held arbitrary (see Matter of Wager v. State Liq. Auth., 4 N.Y.2d 465, 468).
Concur — Botein, P.J., Stevens, Steuer, Rabin and Witmer, JJ.