Legal Opinion
Landsdown Entertainment Corp. v. New York Department of Consumer Affairs
New York Supreme Court
Decided September 4, 1986PublishedCited by 3 opinions
1Opinion of the Court
*207OPINION OF THE COURT
David B. Saxe, J.
The issue here is whether the Administrative Code of the City of New York § B32-303.0 (Cabaret Law), prohibiting certain establishments from remaining open between 4:00 a.m. and 8:00 a.m., is preempted by State Law dealing with the sale of liquor (Alcoholic Beverage Control Law § 106 [5] [b]).
The facts are these: The petitioner, "The Limelight” discotheque, was charged by the respondent Department of Consumer Affairs (DCA) with violating Administrative Code § B32-303.0 by remaining open after 4:00 a.m. on July 6, 1985 and allowing approximately 60 patrons…
2Cases cited5 opinions
- People v. De JesusNew York Court of Appeals · 1981
- Monroe-Livingston Sanitary Landfill, Inc. v. Town of CaledoniaNew York Court of Appeals · 1980
- Board of Education v. GootnickNew York Court of Appeals · 1980
- People v. HardyNew York Court of Appeals · 1979
- Town of Fenton v. TedinoNew York Supreme Court · 1974
3Cited by3 opinions
- Lansdown Entertainment Corp. v. New York City Department of Consumer AffairsNew York Court of Appeals · 1989
- Seawall Associates v. City of New YorkNew York Supreme Court · 1986
- Wittenberg v. City of New YorkNew York Supreme Court · 1987