Legal Opinion
J.A.J. Liquor Store, Inc. v. New York State Liquor Authority
New York Court of Appeals
Decided April 2, 1985PublishedCited by 3 opinions
1Opinion of the Court
*510OPINION OF THE COURT
Simons, J.
Section 101-bb of the Alcoholic Beverage Control Law prohibits the retail sale of liquor for off-premises consumption at less than “cost” — the price per bottle offered by a wholesaler to a retailer plus a 12% mark-up on that price. Petitioners, retail liquor store licensees, concede that they have sold liquor below this statutory “cost”, but contend that section 101-bb sanctions retail price maintenance in violation of the Sherman Antitrust Act (15 USC § 1 et seq.). They contend, therefore, that respondent’s charges and findings of guilt based on these sales…
2Cases cited23 opinions
- Nebbia v. New YorkSupreme Court of the United States · 1934
- Parker v. BrownSupreme Court of the United States · 1943
- Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
- California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc.Supreme Court of the United States · 1980
- California v. LaRueSupreme Court of the United States · 1973
18 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- 324 Liquor Corp. v. DuffySupreme Court of the United States · 1987
- 324 Liquor Corp. v. DuffySupreme Court of the United States · 1987
- Informal Opinion No., New York Attorney General Reports1986