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Brasero Restaurant v. N.Y. St. Liquor Auth

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1991
176 A.D.2d 462 (N.Y. App. Div. 1991)

Opinion

October 1, 1991

Appeal from the Supreme Court, New York County (Walter Schackman, J.).


On June 18, 1987, the petitioner's application for an upgraded license was denied because the establishment is located within 200 feet of a building used for religious purposes. The petitioner requested a hearing at which it presented evidence showing that the building in question was not used exclusively for religious purposes, and that, accordingly, the issuance of a license would not violate Alcoholic Beverage Control Law § 64-a (7). Nonetheless, the State Liquor Authority found the building was used exclusively for religious purposes and denied the application.

Supreme Court correctly found, contrary to the arguments of the respondent Liquor Authority, that the various uses of the church building in question were not merely incidental, and that the activities occurring within the building were not exclusively religious activities. (But see, Matter of Multi Million Miles Corp. v. State Liq. Auth. , 55 A.D.2d 866 , affd 43 N.Y.2d 774.) The activities of the church included renting out the auditorium under the church for baseball card shows, jewelry shows, and oriental rug sales, as well as renting out an additional portion of the building as an embassy for the past five years, which clearly does not constitute using the building exclusively for religious purposes. (Matter of Taft v. New York State Liq. Auth., 84 A.D.2d 623.)

Concur — Carro, J.P., Rosenberger, Wallach, Asch and Kassal, JJ.


Summaries of

Brasero Restaurant v. N.Y. St. Liquor Auth

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1991
176 A.D.2d 462 (N.Y. App. Div. 1991)
Case details for

Brasero Restaurant v. N.Y. St. Liquor Auth

Case Details

Full title:BRASERO RESTAURANT, INC., Respondent, v. NEW YORK STATE LIQUOR AUTHORITY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 1, 1991

Citations

176 A.D.2d 462 (N.Y. App. Div. 1991)
574 N.Y.S.2d 365

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