Legal Opinion
Cecere's Holiday, Inc. v. New York State Liquor Authority
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 2008Published
1Opinion of the Court
Memorandum: Respondent’s determination that petitioner violated Alcoholic Beverage Control Law § 65 (1) by selling alcoholic beverages to seven minors or permitting alcoholic *1163beverages to be delivered to them is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 181-182 [1978]). With respect to four of the violations, petitioner failed to establish the affirmative defense that its employees reasonably relied upon photographic identification cards issued by a governmental entity (see Alcoholic Beverage Control Law § 65 [4]). We…
2Cases cited5 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- We Restaurant, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1991
- Northwood Foods Corp. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- Dimkos v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- J A J K, Inc. v. Division of Alcoholic Beverage ControlAppellate Division of the Supreme Court of the State of New York · 2000