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TASTE ME CONCEPTS v. CITY OF NEW YORK

307 A.D.2d 237 (2003)

762 N.Y.S.2d 390

TASTE ME CONCEPTS, Doing Business as FISH, Respondent, v. CITY OF NEW YORK, Respondent, and NEW YORK STATE LIQUOR AUTHORITY, Appellant.

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

Decided July 31, 2003.

Respondent's denial of petitioner's application for a full onpremises liquor license cannot be properly characterized as arbitrary and capricious. Alcoholic Beverage Control Law § 64 (7) (a) prohibits the issuance of such a license to a restaurant located within 200 feet of, and on the same street as, a church, and the statute must be strictly construed (see Matter of Trustees of Calvary Presbyt. Church v State Liq. Auth...

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