89 A.D.2d 631 | N.Y. App. Div. | 1982
Appeal from a judgment of the Supreme Court at Special Term (Amyot, J.), entered May 4,1981 in Schenectady County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to permanently enjoin the City of Schenectady from suspending or revoking petitioner’s license to operate a motion picture theater pursuant to city ordinance 79-23A. Petitioner is a business licensed by respondent City of Schenectady to operate a motion picture theater. On February 23, 1981, petitioner received notice that a hearing would be held pursuant to section 5-4 of the city’s public amusement ordinance to determine whether its license to
The relevant portion of City of Schenectady Ordinance No. 79-23A is as follows: “Sec. 5-4. Suspension or Revocation of Licenses, (a) The Office of Consumer Protection may, in its discretion, after notice to the licensee and an opportunity for a prompt hearing before the Director of Consumer Protection, suspend or revoke a license granted under this Article if (i) a judge of the Schenectady Police Court, Schenectady City Court, or Schenectady County Court or a justice of the New York Supreme Court determines that a show, play, film, or other exhibition at the licensed premises is obscene as defined in section 235 of the New York Penal Law; or (ii) the Chief of the Department of Fire or of the Department of Police determines that the licensed premises constitute a menance [sic] to the health, safety or general welfare of the public.”