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eBook details

• Title: Matter Soul Scene v. State Liquor Authority Et Al.
• Author : Supreme Court of New York
• Release Date : January 20, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

[35 A.D.2d 574 Page 574] As we stated in our decision on the prior occasion when this matter was before us (Matter of Soul Scene v. State Liq. Auth.,
supra), the location of the synagogue, which is on another street, in and by itself is not a proper ground for denial of the
application. The additional proof now in the record does not show the existence of any other valid ground for objection based
on the synagogue and its unused yard, one side of which is across the street from the subject premises. Another ground cited
by the Authority, for the first time on the remand, is the proximity of a park and playground to the subject premises, which
recreation area is frequented by wild and destructive groups of teenagers and other undesirables. That area is enclosed by
a high chain-link type of fence, and the only entrance thereto is 255 feet from the subject premises. While ordinarily the
proximity of such a park would be a factor to be considered, it is beyond the scope of our prior decision, which remitted
the matter to the Authority" for the purpose of holding a hearing and taking additional evidence on the issues mentioned
" (emphasis supplied). However, in our opinion, petitioner has not shown that its principal, who would manage the place, has
had experience in the operation of premises where the consumption of liquor is a substantial part of the activity and that
he has the ability to control the several hundred liquor-consuming patrons that the subject premises can accommodate. The
same is true of the proposed co-host, whose sole experience has been as a musician, and the proposed assistant manager, who
worked part-time for one year in a seafood and steakhouse restaurant. An establishment such as is proposed here is a potential
and continuing source of future trouble, unless managed by people of experience, strength and ability to run a good place.
On the record herein it cannot be said that petitioner has met its burden of showing that there was no possible scope for
the reasonable [35 A.D.2d 574 Page 575]

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