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MATTER OF B & M NACHOS CORP. v. NEW YORK STATE LIQ. AUTH.

6097 101075/17.

159 A.D.3d 595 (2018)

73 N.Y.S.3d 545

2018 NY Slip Op 02128

In the Matter of B & M NACHOS CORP., Petitioner, v. NEW YORK STATE LIQUOR AUTHORITY, Respondent.

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

Decided March 27, 2018.

Substantial evidence supports respondent's finding that on April 19, 2016 petitioner allowed the premises to become disorderly in violation of Alcoholic Beverage Control Law § 106 (6), and failed to exercise adequate supervision in violation of Rules of State Liquor Authority (9 NYCRR) § 48.2. Specifically, there is substantial evidence that the security guards on duty exercised lax supervision, which was tolerated by management to the extent that an assault occurred...

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