MEMORANDUM.
The judgment of the Appellate Division should be reversed and the determination of the State Liquor Authority annulled.
It is now settled that a liquor licensee does not suffer or permit the licensed premises to become disorderly (Alcoholic Beverage Control Law, § 106, subd 6) simply by using force to eject an unruly patron (see Matter of Barchat Tavern v Liquor Auth. of State of N.Y., 50 N.Y.2d 1019, 1020). Rather, a violation occurs only if unnecessary force is employed or other improper conduct occurs ( id.). Thus, the finding of the Liquor Authority in this case that force was used, without more, is insufficient to sustain a violation.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.
Judgment reversed, with costs and the determination of the State Liquor Authority annulled in a memorandum.