Petitioner was found guilty, after a hearing, of violating section 111 Alco. Bev. Cont. of the Alcoholic Beverage Control Law in that on July 18, 1988, it extended its license to the sidewalk without obtaining permission to do so.
Petitioner's commission of three separate violations of the Alcoholic Beverage Control Law within a period of approximately one year warranted the instant penalty (see, Matter of Johnston v Rohan, 2 A.D.2d 932 [3d Dept 1956]). Previously, petitioner had been found guilty of serving alcohol at prohibited hours, at 4:45 A.M. on July 14, 1987 and at 4:15 A.M. on January 11, 1988. We note that more lenient penalties imposed on each of the first two violations failed to discourage petitioner from permitting further violations to occur in its licensed premises. As such, we find the penalty was not so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness (Matter of Pell v Board of Educ., 34 N.Y.2d 222).
Concur — Sullivan, J.P., Milonas, Rosenberger, Ross and Smith, JJ.