Kerma Restaurant Corp. v. State Liquor Authority

Petitioner’s retail liquor license has been annulled by respondent on a charge that it suffered or permitted the licensed premises to become disorderly (Alcoholic Beverage Control Law, § 106, subd. 6) “in that it permitted homosexuals, degenerates and/or undesirables to be and remain on the licensed premises and conduct themselves in an offensive and indecent manner contrary to good morals on 2/4/66 ”.

There is no proof in the record of any breach of the peace. The Appellate Division observed: ‘‘ While we agree the mere congregation of homosexuals, where there is no breach of the peace, does…