HOUSE OF SPIRITS, INC. v. DOYLE


43 A.D.2d 880 (1974)

House of Spirits, Inc., Appellant, v. Robert E. Doyle et al., Constituting The State Liquor Authority, et al., Respondents; Metropolitan Package Store Association, Inc., Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 24, 1974


Plaintiff, a retailer licensed to sell alcoholic beverages for off-premises consumption, has allegedly violated subdivision 2 of section 101-bb of the Alcoholic Beverage Control Law by offering liquor at a price lower than 12% above the bottle price on the schedule of its supplier. The mandatory 12% minimum markup on retail sales of liquor is attacked by plaintiff on several grounds. It contends on this appeal that the statute, having no relationship to the health, welfare...

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