Opinion
Argued February 13, 1981
Decided April 2, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
John P. Bracken and Bryan E. Powers for appellant.
Stephen D. Kalinsky and Warren B. Pesetsky for respondent.
MEMORANDUM.
The judgment of the Appellate Division should be reversed and the determination of the State Liquor Authority annulled.
It is now settled that a liquor licensee does not suffer or permit the licensed premises to become disorderly (Alcoholic Beverage Control Law, § 106, subd 6) simply by using force to eject an unruly patron (see Matter of Barchat Tavern v Liquor Auth. of State of N.Y., 50 N.Y.2d 1019, 1020). Rather, a violation occurs only if unnecessary force is employed or other improper conduct occurs ( id.). Thus, the finding of the Liquor Authority in this case that force was used, without more, is insufficient to sustain a violation.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.
Judgment reversed, with costs and the determination of the State Liquor Authority annulled in a memorandum.