Legal Opinion
Circus Disco Ltd. v. New York State Liquor Authority
New York Court of Appeals
Decided July 8, 1980PublishedCited by 31 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
The State Liquor Authority is authorized by subdivision 6 of section 106 of the Alcoholic Beverage Control Law to control noise generated by a licensed on-premises establishment when the premises "become disorderly”, but may not deny a license because it believes the noise, parking and traffic that may be generated by an establishment permitted by governing zoning regulations will adversely affect community residents, noise, parking and traffic being matters for consideration of the zoning authorities. Nor may a license be denied because of the existence of a…
2Cases cited47 opinions
- Washington Ex Rel. Seattle Title Trust Co. v. RobergeSupreme Court of the United States · 1928
- City of Eastlake v. Forest City Enterprises, Inc.Supreme Court of the United States · 1976
- Barry v. O'ConnellNew York Court of Appeals · 1951
- Diocese of Rochester v. Planning BoardNew York Court of Appeals · 1956
- Matter of Small v. MossNew York Court of Appeals · 1938
42 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Beer Garden, Inc. v. New York State Liquor AuthorityNew York Court of Appeals · 1992
- Marra v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 1983
- Matter of Ryder Truck Rental, Inc. v. Parking Violations Bureau of the Transp. Admin. of the City of New YorkNew York Court of Appeals · 1984
- Gardiner v. Lo GrandeNew York Court of Appeals · 1983
- City of Rochester v. Premises Located at 10-12 South Washington StreetNew York Supreme Court · 1998
26 more not listed; retrieve them via the Exa API.