DAWKINS v. NEW YORK

Respondent determined that on June 18, 2005, petitioner impeded an inspection of the licensed premises in violation of Alcoholic Beverage Control Law § 106 (15), served alcohol to three visibly intoxicated individuals (Alcoholic Beverage Control Law § 65 [2]), failed to display her license conspicuously (Alcoholic Beverage Control Law § 114), and failed to comply with regulations regarding signage for fire exits. The penalty imposed for such violations was excessive, particularly in light of petitioner's prior unblemished record ( see Matter of Oak Beach Inn Corp. v New York State Liq. Auth., 269 AD2d 191, lv denied 95 NY2d 754; Matter of M.P.N. Inc. v New York State Liq. Auth., 206 AD2d 430) and the impact of such penalty on her livelihood ( Matter of Mei Chi Liq. Corp. v New York State Liq. Auth., 195 AD2d 270, lv denied 82 NY2d 660).