330 Restaurant Corp. v. State Liquor Authority

Petitioner, the holder of a restaurant liquor license, brings this article 78 proceeding, to annul the action of respondent State Liquor Authority in canceling its license. Respondent bases its action on a claimed violation of rule 36 of its rules (9 NYCRR 53.1) in that it claims that the licensed premises ceased to be operated as a bona fide premises within the contemplation of the license issued.

There is no substantial dispute as to the facts. The licensee operates a restaurant which has a seating capacity of 162 persons. It also operates a so-called club which has between 1,300 and 1,500…