Rivera v. Liquor Control Commission

728 A.2d 1153, 53 Conn. App. 165, 1999 Conn. App. LEXIS 170
CourtConnecticut Appellate Court
DecidedMay 4, 1999
DocketAC 17946
StatusPublished
Cited by5 cases

This text of 728 A.2d 1153 (Rivera v. Liquor Control Commission) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rivera v. Liquor Control Commission, 728 A.2d 1153, 53 Conn. App. 165, 1999 Conn. App. LEXIS 170 (Colo. Ct. App. 1999).

Opinion

Opinion

LANDAU, J.

The plaintiff, Angel Rivera, appeals from the judgment of the Superior Court dismissing his administrative appeal. The named defendant, the state liquor control commission (commission),1 pursuant to General Statutes § 30-46 (a) (1) and (3),2 denied the plaintiffs application for a cafe liquor permit.3 On appeal to this court, the plaintiff claims that the Superior Court improperly (1) concluded that there were sufficient facts in the record to deny the application and (2) found that notice of the hearing was adequate. We affirm the judgment of the Superior Court.

[167]*167The following facts are not in dispute. The plaintiff applied for a cafe liquor permit in August, 1995, for premises located at 58 Rockwell Avenue, New Britain, formerly the site of a cafe owned and occupied by another individual not involved in this action whose permit had been revoked by the commission. Residents of the neighborhood filed a remonstrance, pursuant to General Statutes § 30-39 (c), and eighteen letters of protest objecting to the proposed location of the establishment. The commission issued a notice of hearing, advising the plaintiff that he would be required to present facts and evidence in support of his application for the liquor permit.4

In its written decision, the commission made the following findings of fact with respect to the character of the neighborhood: “[T]he proposed premises [are] in the heart of a residential neighborhood that is struggling to revitalize and improve its quality of life; there are several churches and two parochial schools, including St. Matthew’s, First Lutheran, St. Peter’s, St. John’s Lutheran, and Arco de Regio Pentecostal; there [are] a methadone clinic, Salvation Army, and senior citizen housing, as well as child day care centers; and both the hearing and the permit records of the commission, of which the commission takes notice, reveal there are liquor outlets within close proximity to the proposed establishment.” The commission found the proposed premises unsuitable and denied the application. Specifically, the commission concluded that “based upon the facts of this case, it is the considered judgment of the [168]*168commission that the addition of one more full-service cafe, in light of the character of this neighborhood, is not in the public interest and would have a detrimental effect. . . . We believe that the saturation point has already been reached with the existing establishments.”

Thereafter, the plaintiff appealed to the Superior Court, pursuant to General Statutes § 4-183. See Uniform Administrative Procedure Act (UAPA), General Statutes § 4-166 et seq.5 The Superior Court dismissed the plaintiffs appeal. It concluded that “the decision of the commission is amply supported by the evidence in the record.” Moreover, the Superior Court concluded that the plaintiff “received sufficient notice as to the issues of suitability of the premises with respect to its location.” From that judgment, the present appeal ensued.

“The function of the court in reviewing the commission’s denial of a permit for the premises is not to reach its own conclusions upon the subordinate facts but only to determine whether the conclusion of the commission on such facts is unreasonable or illogical”; Campisi v. Liquor Control Commission, 175 Conn. 295, 296, 397 A.2d 1365 (1978); or in abuse of its discretion. Dolgner v. Alander, 237 Conn. 272, 280, 676 A.2d 865 (1996). It is not the function of the Superior Court to retry the case. Williams v. Liquor Control Commission, 175 Conn. 409, 414, 399 A.2d 834 (1978). “Courts are bound by the findings of subordinate facts and reasonable conclusions of fact made by an administrative tribunal. The General Assembly, in defining an administrative body’s duties, can ordinarily state only general rules for its guidance by defining certain ultimate facts which it must find to exist before taking the prescribed [169]*169action.” Campisi v. Liquor Control Commission, supra, 296. The question that the Superior Court must answer is whether the record before the commission supports the action taken. Williams v. Liquor Control Commission, supra, 414.

We review the issues raised by the plaintiff in accordance with the limited scope of judicial review afforded by the UAPA. Dolgner v. Alander, supra, 237 Conn. 280. Under § 4-183 (j) (5) and (6) of the UAPA, judicial review of administrative fact-finding is governed by the substantial evidence rule. Id., 281. “An administrative finding is supported by substantial evidence if the record affords a substantial basis of fact from which the fact in issue can be reasonably inferred.” (Internal quotation marks omitted.) Id.

I

The plaintiff first argues that the Superior Court improperly concluded that there were sufficient facts in the record to support the commission’s denial of his application. We are not persuaded.

Section 30-46 (a) provides: “The Department of Consumer Protection may . . . refuse to grant or renew a permit ... if it has reasonable cause to believe . . . (3) that the number of permit premises in the locality is such that the granting of a permit is detrimental to the public interest, and, in reaching a conclusion in this respect, the department may consider the character of, the population of, the number of like permits and number of all permits existent in, the particular town and the immediate neighborhood concerned, the effect which a new permit may have on such town or neighborhood or on like permits existent in such town or neighborhood . . . .” “That provision confers broad discretion upon the . . . commission to grant or deny permits. ... In Biz v. Liquor Control Commission, 133 Conn. 556, 561, 53 A.2d 655 [1947], [our Supreme [170]*170Court] in considering the provisions of § 30-46 (a) (3) noted that ‘[a] principle and purpose may be read into the act to prevent the issuance of too many permits in certain localities, depending upon the character and number of the population and upon the number of existing permits in the locality. We hold that these are factual matters properly left to the determination of the commission.’ The determination of what constitutes too many permits in certain localities or neighborhoods is thus a question of fact, within the discretion of the administrative agency. Moreover, because of the danger to public health and welfare inherent in liquor traffic, the police power to regulate the liquor trade runs broad and deep, more so than comparable regulatory powers over other activities.” (Citations omitted.) Williams v. Liquor Control Commission, supra, 175 Conn. 411-12.

We are cognizant that the legislature, in permitting an administrative agency to take prescribed action, contemplates allowing that agency to draw a line somewhere, and we see nothing arbitrary or illegal in such a ruling as long as it is supported by evidence and the proper application of the statute to the facts. See Biz v.

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Cite This Page — Counsel Stack

Bluebook (online)
728 A.2d 1153, 53 Conn. App. 165, 1999 Conn. App. LEXIS 170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-v-liquor-control-commission-connappct-1999.