31 A.D.2d 732 | N.Y. App. Div. | 1968
Order unanimously reversed, without costs, and petition dismissed. Memorandum: Section 53 of the Alcoholic Beverage Control Law clearly authorizes the sale of beer at retail by one holding a wholesale beer license issued prior to July 1, 1960. If the pre-1960 wholesale license is, subsequent to 1960, renewed and transferred, the new holder may continue to sell beer at retail .thereunder. In these circumstances the statute makes no mention of any proportion that wholesale beer sales must bear to retail beer sales and the