(Download) "Matter 162 Gardiners Ave. Lounge v. New York State Liquor Authority" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Matter 162 Gardiners Ave. Lounge v. New York State Liquor Authority
- Author : Supreme Court of New York
- Release Date : January 04, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
DECISION & ORDER Although the evidence adduced at the administrative hearing established that a "Big Apple" video poker
game was in operation on the licensed premises during an inspection in April 1987, the record fails to establish that the
subject video game awarded a player anything of value for drawing a winning hand, including an extension of playing time or
a free game (cf., Matter of Cos Dei San v New York State Liq. Auth., 147 A.D.2d 370). The record therefore lacks substantial
evidence to support the respondent's determination that the subject video game was a gambling device of the type prohibited
by 9 NYCRR 53.1(t), or that the petitioner permitted gambling on the licensed premises (see, Penal Law § 225.00[6]; Alcoholic
Beverage Control Law § 106[6]; see also, matter of Plato's Cave v New York State Liq. Auth., 68 N.Y.2d 791). Accordingly,
the determination must be annulled. Disposition ADJUDGED that the petition is granted, the determination is annulled, without costs or disbursements, and the
charges are dismissed.
 "Matter 162 Gardiners Ave. Lounge v. New York State Liquor Authority" by Supreme Court of New York * eBook PDF Kindle ePub Free){kind=link}