(Download) "Matter Angelo Maniccia v. State Liquor Authority" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Angelo Maniccia v. State Liquor Authority
- Author : Supreme Court of New York
- Release Date : January 27, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This is a proceeding under article 78 of the Civil Practice Act to review the determination of the State Liquor Authority
which suspended petitioner's restaurant liquor license for a period of 45 days, 20 days to be served forthwith, and the balance
suspended. Two charges were made against petitioner: one that he violated subdivision 1 of section 65 of the Alcoholic Beverage
Control Law during the months of August and September, 1954 in that he sold, delivered or permitted to be sold and delivered
alcoholic beverages to a minor or minors; the second charge is substantially the same except the of the violation was charged
as of March 13, 1955. An exhaustive hearing was held and at the conclusion thereof both charges were sustained. The only issue
before this court is whether there was substantial evidence to sustain the determination. This matter was before this court
on a previous review (3 A.D.2d 798), and remitted for a further hearing because of restriction of petitioner's right of cross-examination.
We find no such vice in the present record. As we read the record the testimony of the minors themselves, if accepted by the
hearing commissioner, was sufficient to sustain both charges. While there are discrepancies in their testimony it was for
the administrative hearing officer to pass upon the credibility of the witnesses (Matter of Radigan v. O'Connell, 304 N. Y.
396). The chief point of petitioner appears to be that no direct sale or delivery was made to any of the minors under 18 years
of age, excepting one Riley. The statute however provides "No person shall sell, deliver or give away or cause or permit or
procure to be sold, delivered or given away any alcoholic beverage to 1. Any minor, actually or apparently under the age
of eighteen years". (Alcoholic Beverage Control Law, 65.) The fact that one person purchased an unusually large quantity
of beer in bottles should have been sufficient to put the person in charge of the premises on notice that the beer was not
intended for consumption alone by the one making the purchase. Any inquiry on his part might readily have disclosed that some
of the beer was intended for, and in fact consumed by minors in the party. Petitioner is bound by the rule that wherever reasonable
supervision by oneself or one's agent would discover and prevent a violation, the party charged is bound to exercise such
supervision (Matter of Lynch's Bldrs. Restaurant v. O'Connell, 303 N. Y. 408; People ex rel. Price v. Sheffield Farms Co.,
225 N. Y. 25). These matters of course relate to the weight of evidence which it is not for this court to pass on. On the
former appeal we said "Here, the evidence which the Authority was entitled to accept was sufficient to warrant the conclusion
that the licensee knew or should have known, had reasonable diligence been exercised, that beer was being delivered to the
girls." We see no reason to alter this conclusion from the record before us on this review, nor can we find that the proceedings
were conducted in an improper manner. The penalty imposed, which in reality amounts to a suspension for 20 days was not excessive.
Determination confirmed, without costs. Foster, P.J., Bergan, Coon and Gibson, JJ., concur.
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