MATTER OF JA ROCKS INC. v. NEW YORK STATE LIQUOR AUTHORITY


43 A.D.3d 663 (2007)

841 N.Y.S.2d 297

In the Matter of JA ROCKS INC., Petitioner, v. NEW YORK STATE LIQUOR AUTHORITY, Respondent.

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

Decided September 6, 2007.


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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