282 A.D. 1089 | N.Y. App. Div. | 1953
This is an appeal from an order of the Special Term of Albany County Supreme Court which annulled a determination of respondents (appellants here) disapproving petitioner’s application for a retail liquor license for on-premises liquor consumption and which directed the issuance of such license upon compliance with the regulations and the payment of the prescribed fees. The proceeding was brought under article 78 of the Civil Practice Act for the review of such determination. On November 5, 1951, the State Liquor Authority disapproved this petitioner’s application for a renewal of his previous license at the same location on the ground that the premises had ceased to be a bona fide restaurant. The application now under consideration was made February 24, 1953, and was disapproved April 14, 1953, the notice of disapproval stating that the premises sought to be licensed were not operated as a bona fide restaurant as required by law in that they were not regularly used and kept open for the serving of meals as defined by subdivision 27 of section 3 of the Alcoholic Beverage Control Law. We are not here concerned with the revocation or cancellation of a license but with the discretion of the State Liquor Authority to determine whether public convenience and advantage will be promoted by the issuance of a license. (Alcoholic Beverage Control Law, § 2.1 The same statute (§ 121, subd. 1)