SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
December 8, 1969
IN THE MATTER OF MICHAEL KATURBUS, DOING BUSINESS AS CIRCUS LOUNGE, PETITIONER,
NEW YORK STATE LIQUOR AUTHORITY ET AL., RESPONDENTS
Brennan, Acting P. J., Rabin, Hopkins, Martuscello and Kleinfeld, JJ., concur.
For 12 years prior to the times when petitioner allegedly committed the acts set forth in the charges herein, in August of 1966, there had been no determination by the Authority of any violation of the Alcoholic Beverage Control Law by petitioner. The Authority's Hearing Officer found (1) there was insufficient substantial evidence of a pattern of solicitation for immoral purposes in the licensed premises on the day involved in charge 1, August 30, 1969, and (2) on that day petitioner permitted an unescorted female to meet an unescorted male in the premises and the female thereafter solicted the male for immoral purposes (charges 2 and 3). These findings were accepted by the Authority. In our opinion the Authority's determination that charges 2 and 3 were established, constituting violation of subdivision 6 of section 106 of the Alcoholic Beverage Control Law, should be annulled. The evidence did not substantially establish that petitioner had knowingly permitted or failed to prevent solicitation by a female of a male in the licensed premises for immoral purposes as charged (cf. Matter of Migliaccio v. O'Connell, 283 App. Div. 1112, affd. 307 N Y 566; Matter of Abatz v. State Liq. Auth., 21 A.D.2d 658, affd. 15 N.Y.2d 643; Matter of Ray's Tenderloin v. New York State Liq. Auth., 20 A.D.2d 695; Matter of Mur-Art-Sol v. State Liq. Auth., 6 A.D.2d 683).
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