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DJL RESTAURANT CORP. v. CITY OF NEW YORK

271 A.D.2d 275 (2000)

706 N.Y.S.2d 395

DJL RESTAURANT CORP. et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 13, 2000.

Although the State Alcoholic Beverage Control Law is "surely pre-emptive" (People v De Jesus, 54 N.Y.2d 465, 469), establishments selling alcoholic beverages are not, as a consequence, necessarily exempt from local laws of general application (see, supra, at 471-472). The Adult Use Amendments to the Zoning Resolution of the City of New York are local laws of general application with a legitimate governmental purpose. Any impact...

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