NY Appellate Courtroom Affirms Denial of Liquor Retailer’s Utility to Develop Retail Area

Posted by: Patricia Salkin | October 25, 2022

NY Appellate Courtroom Affirms Denial of Liquor Retailer’s Utility to Develop Retail Area

This publish was authored by Amy Lavine, Esq.

A dedication from the New York State Liquor Authority (NYSLA) that denied a liquor retailer’s utility to increase its retail premises by 65 % was upheld by a state appellate court docket. The court docket discovered that the denial had a rational foundation and was not arbitrary or capricious, for the reason that liquor retailer failed to indicate that granting its utility would serve the “public comfort and benefit” as required beneath the New York Alcohol Beverage Management Regulation. On this respect, the court docket pointed to proof within the document displaying that current shops within the space had been adequately serving present residents and the approval of the shop’s liquor license in 2017 had really decreased gross sales and demand at close by shops. It was additionally affordable for the NYSLA to low cost the load of gross sales knowledge offered by the liquor retailer, because it was conceded that the shop was “a procuring vacation spot, drawing clients from effectively past the neighborhood.” Lastly, the court docket famous that the NYSLA’s dedication was not extremely vires or “de facto rule making”; fairly, it was according to the company’s advisory steering concerning functions for liquor retailer alterations, which “memorialized practices that already existed beneath Alcoholic Beverage Management Regulation 63(6) and 111.”

Matter of Gunhill Liq. Warehouse Corp. v New York State Liq. Auth., 2022 NY Slip Op 05949 (NYAD 1st Dept 10/25/22).


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