[Download] "Matter China City v. New York State Liquor Authority" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Matter China City v. New York State Liquor Authority
- Author : Supreme Court of New York
- Release Date : January 14, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The Authority denied the application upon the ground that its disapproval was mandatory under the provisions of subdivision 7 of section 64 of the Alcoholic Beverage Control Law, which forbids the issuance of a license where the premises for which the license is sought are located on the same street and within 200 feet of a building which is ""occupied exclusively as a school, church, synagogue or other place of worship."" The building here involved is a parish house in which no public or private elementary or high school is conducted, but only a Sunday school and Wednesday afternoon released-time classes for religious instruction. No church services are ever conducted therein; the second-floor apartment houses either the curate or the sexton and his family; there are offices for certain lay officers of the parish. The building is used for boy scout meetings, for graduation services for a local unaffiliated nursing school, for social meetings of a young people's group, and for card parties and social functions of the church members. In our opinion, the building in question is not being used ""exclusively as a school, church * * * or other place of worship"" within the meaning of the statute which forbids the issuance of a license for premises within 200 feet of such edifices (cf. Matter of Finley [Davidson], 58 Misc. 639; Matter of Rupp, 55 Misc. 313, affd. 122 App. Div. 891; Matter of Mandelcorn v. Bruckman, 266 App. Div. 908, affd. 292 N. Y. 543; Matter of Norton v. O'Connell, 282 App. Div. 744, app. dsmd. 306 N. Y. 843; Matter of Cup & Saucer Cottage Rest. v. New York State Liq. Auth., 19 A.D.2d 597). Distinguishable are cases wherein the subject building was predominantly an actual place of worship or a school and where it was alleged that other activities conducted therein diluted its character as a place of worship or learning (e.g., Matter of Trustees of Calvary Presbyt. Church v. State Liq. Auth., 245 App. Div. 176, affd. 270 N. Y. 497; People ex rel. Clausen v. Murray, 5 App. Div. 441). Disposition Order affirmed, with costs.