Opinion
June 20, 1967
Determination of the State Liquor Authority finding petitioner guilty of violating subdivision 5 of section 100 Alco. Bev. Cont. of the Alcoholic Beverage Control Law (sale of alcoholic beverages on credit), unanimously modified on the facts and in the exercise of discretion, to the extent of limiting the penalty imposed to the deferred 10-day suspension of petitioner's restaurant liquor license. As so modified, the determination is confirmed, without costs or disbursements. While petitioner admitted selling alcoholic beverages on credit, without having obtained a credit permit, during the period March 1, 1964 to February 10, 1965, the respondent, on or about February 15, 1965, accepted petitioner's application for a credit permit for the period March 1, 1964 to February 28, 1965, together with its check, for the full annual fee, in the sum of $1,000, and, on February 16, 1965, it issued a credit permit effective March 1, 1964. The fee accepted was in excess of the prorata fee required to be paid "after the commencement of the license year" (Alcoholic Beverage Control Law, § 99-c). Under these circumstances, the additional punishment imposed, to wit: the imposition of a $1,000 bond claim, was excessive.
Concur — Eager, J.P., Steuer, Capozzoli, Rabin and McGivern, JJ.