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COWGIRL, INC. v. DEP'T OF CONSUMER AFFAIRS OF THE CITY OF NEW YORK

234 A.D.2d 42 (1996)

650 N.Y.S.2d 678

Cowgirl, Inc., Petitioner, v. Department of Consumer Affairs of the City of New York, Respondent

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

December 5, 1996

Section 20-360 of the Administrative Code of the City of New York, which requires that catering establishments be licensed, is a law of general application and therefore is not preempted by the Alcoholic Beverage Control Law (see, People v De Jesus, 54 N.Y.2d 465, 470-471). Substantial evidence that petitioner was operating a catering establishment, as defined by Administrative Code § 20-359 (4), was provided by the testimony...

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