Respondent's determination correctly dismissed charges 1 and 4, but erroneously sustained charges 2 and 3, which also were not supported by substantial evidence. Charge 2 alleged a failure "to exercise adequate supervision over the conduct of the licensed business" in violation of 9 NYCRR 48.2, which is expressly limited to "violations that occur in the licensed premises." Despite its explicit finding that the violent conduct cited in the charge occurred outside the...
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