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Matter Fayez Restaurant v. State Liquor Authority

By Court of Appeals of New York

Release : 1985-12-17

Genre : Law, Books, Professional & Technical

Kind : ebook

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A building is "occupied exclusively" as a church within the contemplation of Alcoholic Beverage Control Law ? 64 (7) where its primary or paramount use is as a church, even though there is an incidental use not inconsistent or detracting from the predominant character of the building as a church (see, Matter of Multi Million Miles Corp. v State Liq. Auth., 55 A.D.2d 866, affd on mem below 43 N.Y.2d 774; People ex rel. Clausen v Murray, 5 App Div 441). Consequently, where -- as here -- part of a building functioning as a place of worship is used as the pastor's family residence, from which church-related work is also conducted, the building still may be considered to be "occupied exclusively" as a church (see, Matter of Trustees of Calvary Presbyt. Church v State Liq. Auth., 245 App Div 176, affd 270 NY 497; People ex rel. Cairns v Murray, 148 NY 171). Petitioner's arguments centering on a lack of necessity for the statutory prohibition, or its unfairness, are more appropriately addressed to the Legislature.

Matter Fayez Restaurant v. State Liquor Authority

By Court of Appeals of New York

Release : 1985-12-17

Genre : Law, Books, Professional & Technical

Kind : ebook

(0 ratings)
A building is "occupied exclusively" as a church within the contemplation of Alcoholic Beverage Control Law ? 64 (7) where its primary or paramount use is as a church, even though there is an incidental use not inconsistent or detracting from the predominant character of the building as a church (see, Matter of Multi Million Miles Corp. v State Liq. Auth., 55 A.D.2d 866, affd on mem below 43 N.Y.2d 774; People ex rel. Clausen v Murray, 5 App Div 441). Consequently, where -- as here -- part of a building functioning as a place of worship is used as the pastor's family residence, from which church-related work is also conducted, the building still may be considered to be "occupied exclusively" as a church (see, Matter of Trustees of Calvary Presbyt. Church v State Liq. Auth., 245 App Div 176, affd 270 NY 497; People ex rel. Cairns v Murray, 148 NY 171). Petitioner's arguments centering on a lack of necessity for the statutory prohibition, or its unfairness, are more appropriately addressed to the Legislature.

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