Awrich Restaurant, Inc. v. New York State Liquor Authority

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be affirmed, with costs.

Where an employee is found to have been vested with managerial authority over the operation of premises licensed to serve liquor and the conduct of the licensed activity thereon on other than a casual or temporary basis, his conduct may be imputed to the licensee in establishing a violation of subdivision 6 of section 106 of the Alcoholic Beverage Control Law despite the lack of a pattern of conduct or any actual knowledge by the licensee of the bartender’s conduct (Matter of Falso v State…