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Administrative Law Keyed to Schwartz
Beer Garden v. State Liquor Authority
Citation:
590 N.E.2d 1193 (1992)Facts
In 1986, Beer Garden received a license for on-premises sale of alcoholic beverages. In December 1988, the SLA initiated proceedings to revoke Beer Garden’s license, charging that the premises had become a “focal point for police attention” under rule 36.1(q). A second notice in March 1989 charged Beer Garden with selling alcohol to a minor. A third notice in October 1989 concerned license renewal based on the same “focal point” allegations. All notices were issued over Sharon Tillman’s signature as SLA Counsel. After hearings, the ALJ sustained the charges, finding that rule 36.1(q) did not require proof of licensee awareness. On June 30, 1990, Tillman became an SLA Commissioner, and on August 1, 1990, she participated in the Commissioners’ vote to revoke Beer Garden’s license and deny renewal. Similarly, Bayside was charged in September 1989 with becoming a “focal point” for police activity. After hearings, the ALJ sustained the charges, and Commissioner Tillman participated in imposing a 10-day suspension and $1,000 fine. Both licensees requested Tillman’s recusal, which she refused, leading to Article 78 proceedings challenging the determinations.
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