Title: In the Matter of J.R. LIQUORS, INC. et al., Petitioners, v. STATE LIQUOR…
Court: Supreme Court, Special Term, New York County
Case Number:
Date: April 29, 1965
Fact:
- Petitioners seek to enjoin an individual respondent from engaging in a retail liquor business, along with other petitioners seeking similar relief against other respondents who have been granted or are about to be granted licenses for retail liquor sales.
- The proposed locations for the new liquor stores do not violate statutory distance requirements.
- The State Liquor Authority approved or is about to approve licenses based on unanimous recommendations by local boards.
Issue:
- Whether the court has jurisdiction to review the petitions brought under section 123 of the Alcoholic Beverage Control Law, which seek to enjoin the issuance of retail liquor licenses based on alleged improper exercise of discretion by the State Liquor Authority, despite the absence of statutory violations and unanimous local board recommendations.
Decision:
- The court determines that it lacks jurisdiction to review the petitions under section 123 of the Alcoholic Beverage Control Law.
- Section 123 was promulgated to prevent illegal traffic in alcoholic beverages and does not provide for judicial review of the Authority’s discretionary decisions.
- The petitions raise objections to the Authority’s discretion, which is more aligned with requests for judicial review under section 121 of the Alcoholic Beverage Control Law.
- The court concludes that it cannot determine its own jurisdiction and dismisses the petitions, granting the cross motions to dismiss filed by the State Liquor Authority.
- Additionally, the court notes that no respondents other than the State Liquor Authority were served, which is another reason for dismissal.
