L.B.R. Enterprises, Inc. v. New York State Liquor Authority

OPINION OF THE COURT

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 NY2d 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…