Legal Opinion · Dissent

330 Restaurant Corp. v. State Liquor Authority

Appellate Division of the Supreme Court of the State of New York

Decided October 30, 1969Published

1DissentCapozzoli, J.

Petitioner applied to the State Liquor Authority ‘ ‘ for a restaurant liquor license to sell liquor, wine, cider and beer at retail to be consumed on the premises ’ ’. Nothing in its application makes any reference to the operation of a club, as distinguished from a restaurant. Accordingly, the respondent did issue a restaurant license to the petitioner under which it operated. Therefore, it is clear that, in order for the petitioner to justify retention of its license, it must operate solely as a restaurant.

After an investigation by the respondent, a proceeding to revoke the petitioner’s…

2Cases cited2 opinions

  1. Matter of Mounting Finishing Co. v. McGoldrickNew York Court of Appeals · 1945
  2. Playboy Club of New York, Inc. v. HostetterNew York Supreme Court · 1963

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API