Kaplan v. O'Connell

The State Liquor Authority denied an application by petitioner for a license to sell beer for consumption in his eating place, a luncheonette. The grounds for denial were lack of visibility of the interior of the premises from the street and lack of adequate toilet facilities. Special Term denied a review of the determination sought by a proceeding under article 78 of the Civil Practice Act. Petitioner appeals.

Concededly the Authority has followed a policy of requiring visibility and toilet facilities for premises receiving eating place beer licenses. The premises in question do not meet…