MATTER OF 136 TAVERN, INC. v. NEW YORK STATE LIQUOR AUTH.


53 A.D.2d 567 (1976)

In the Matter of 136 Tavern, Inc., Petitioner, v. New York State Liquor Authority, Respondent

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

June 22, 1976


The operative facts are undisputed. Officer Carlantone entered petitioner's premises on December 6, 1974 at 4:37 A.M. He observed six patrons sitting at the bar and two small children playing nearby. The jukebox was playing. Two patrons were observed lifting glasses. One such glass was seized by the officer and a later laboratory analysis revealed it to contain alcohol. The officer testified that he did not see any sale of alcoholic beverages, nor did he see anyone consume...

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