Adjudged that the petition is granted, on the law, with costs, the determination is annulled, and the charge is dismissed.
The petitioner is the owner and operator of a bar located in Peekskill, New York. In 1990, the petitioner was charged with violating the provisions of a rule of the State Liquor Authority (9 NYCRR 53.1 [q]), which provides, in pertinent part, that a license may be cancelled for cause when "any noise, disturbance, misconduct, disorder, act or activity...
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