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CIRCUS DISCO v. NYS LIQ AUTH

51 N.Y.2d 24 (1980)

In the Matter of Circus Disco Ltd., Doing Business as The Electric Circus, Appellant, v. New York State Liquor Authority, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1980.

Attorney(s) appearing for the Case

Andrew S. Fisher, Harold L. Fisher and Gerald Gorinsky for appellant.

Joseph S. Ryan and Warren B. Pesetesky for respondent.

Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Judge MEYER; Judge JASEN dissents and votes to affirm in a separate opinion in which Chief Judge COOKE concurs.

MEYER, J.

The State Liquor Authority is authorized by subdivision 6 of section 106 of the Alcoholic Beverage Control Law to control noise generated by a licensed on-premises establishment when the premises "become disorderly", but may not deny a license because it believes the noise, parking and traffic that may be generated by an establishment permitted by governing zoning regulations will adversely affect community...

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