Rose Group Park Avenue LLC v. New York State Liquor Authority

93 A.D.3d 1, 939 N.Y.S.2d 298
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 19, 2012
StatusPublished
Cited by4 cases

This text of 93 A.D.3d 1 (Rose Group Park Avenue LLC v. New York State Liquor Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rose Group Park Avenue LLC v. New York State Liquor Authority, 93 A.D.3d 1, 939 N.Y.S.2d 298 (N.Y. Ct. App. 2012).

Opinion

OPINION OF THE COURT

Catterson, J.

In this CPLR article 78 proceeding, petitioner Rose Group Park Avenue, a special events catering company, challenges respondent State Liquor Authority’s (SLA) denial of its application for a liquor license for regularly scheduled events in a church located in midtown Manhattan. We find that Rose Group’s catering facility in the Third Church of Christ, Scientist at Park Avenue and 63rd Street fails to meet the statutory requirements governing the “church venue” exception of the Alcoholic Beverage Control Law. For the reasons set forth below, we find, therefore, that SLA’s denial of the catering license was not arbitrary and capricious.

The undisputed salient facts are as follows: In January 2006, the Church, facing major budget deficits, entered into an agreement with tenant Rose Group, a commercial caterer, for a 20-year lease on the premises with two five-year renewal options. The lease provides for an annual rent of $250,000 in the first year escalating to $519,732 in the last year. Additionally, the Church receives 10% of gross sales of Rose Group’s business where gross sales exceed the annual rent. Under the terms of the triple net lease, Rose Group also pays the property taxes and charges for utilities and services.

[4]*4The lease further provides that Rose Group as tenant “shall use and occupy the [p] remises solely as a high end, first class catering facility and for banquets, special events and meetings, all of which may include the preparation and service of food and alcoholic and non-alcoholic beverages.”

The church is located 60 feet from another church, the Central Presbyterian Church. This brings it within the ambit of the Alcoholic Beverage Control Law’s 200-foot rule which prohibits the issuance of a permanent liquor license for any premises located within 200 feet of a building occupied exclusively as a school or place of worship. (See Alcoholic Beverage Control Law § 64 [7] [a].)

However, a 1970 amendment to the law created an exception known as the church venue exception which states in relevant part that the 200-foot rule should not be deemed “to restrict the issuance of. . . a caterer’s license to a person using the permanent catering facilities of a church ... or other place of worship pursuant to a written agreement between such person and the authorities in charge of such facilities.” (Alcoholic Beverage Control Law § 64 [7] [c] [emphasis added].)1 Pursuant to the terms of the lease, Rose Group applied for a caterer’s license, also known as a liquor license.

Rose Group’s first application in 2006 disclosed that its location of operations was Third Church and moreover that it was located 200 feet from Central Presbyterian. The SLA conditionally approved the application, but withdrew the approval in October 2007 after the Department of Buildings withdrew an occupancy permit for the premises. Rose Group reapplied for a catering license in May 2009. A neighborhood group, the Preservation Coalition (hereinafter referred to as the Coalition) opposed the application and a hearing was held by the SLA. At the hearing, Rose Group argued that it was exempt because its catering facilities constitute the permanent catering facilities of the Third Church.

The SLA denied its application on the grounds, inter alia, that “Rose Group is not using the permanent catering facility of a church .... Rather, the Rose Group has transformed the premises from a church into an extravagant commercial catering business in a building it leases from a church.” SLA [5]*5concluded that “based on the dramatic changes to the building done at Rose Group’s expense . . . combined with the large number and types of functions taking place inside the building, this building has lost its primary use as a place of worship.”

In December 2009, Rose Group commenced an article 78 proceeding in Supreme Court challenging the SLA’s determination as arbitrary and capricious. The Coalition moved, without objection, to intervene. The SLA and the Coalition asserted that the premises had not maintained the predominant character of a house of worship, but had been converted to a de facto catering establishment, thus failing to fall within the church venue exception.

In April 2010, Supreme Court reversed and vacated SLA’s determination, granted the petition and ordered the SLA to issue the catering license. Supreme Court observed that SLA’s determination requiring a nexus between the catered functions and the place of worship is not supported by either “[[legislative history or by [the law’s] plain meaning.” The court also found that the provision permits use by Rose Group even though there is no nexus between the events and the church because “use of the building by non-congregant members of the community for private social functions” (Alcoholic Beverage Control Law § 64 [7] [d-1]) does not detract from its predominant character as a place of worship. The court additionally found that 583 Park Avenue had not ceased to be exclusively occupied as a place of worship because “it appears that the Church uses the [p]remises many more hours per week for church-related activities than for unrelated catering events.”

The court misread the statutory scheme. Its analysis focused on a vague and imprecise calculation of usage hours rather than on the clear statutory requirements that catering events must be “incidental uses that are not of a nature to detract from the predominant character of the building as a place of worship” (Alcoholic Beverage Control Law § 64 [7] [d-1]). The court also ignored the principle that statutory interpretation by SLA is entitled to deference unless the interpretation is “irrational or unreasonable.” (Matter of Fineway Supermarkets v State Liq. Auth., 48 NY2d 464, 468 [1979].)

It is undisputed that the Central Presbyterian Church — located 60 feet from the subject Church — has the predominant character of a church thus implicating the 200-foot rule. This prohibits Rose Group from obtaining a catering license unless it can show that under the church venue exception, it is using the [6]*6“permanent catering facilities of a church.” (See Alcoholic Beverage Control Law § 64 [7] [c].) The SLA correctly determined that the catering facilities at 583 Park Avenue are neither permanent nor do they belong to the church as required by the statute.

As a threshold matter, it is not necessary to look beyond the plain language of the statute. Indeed, Rose Group concedes that point, arguing that “[w]here a statute is unambiguous, a court or agency should not reach beyond its plain language to find some unexpressed alternative meaning.” (See also Sega v State of New York, 60 NY2d 183, 190-191 [1983] [“a statute is to be construed according to the ordinary meaning of its words”].) Unfortunately, Rose Group does not adhere to this principle, but thereupon segues into an argument that “permanent catering facilities of a church” means “catering facilities permanently installed in a church building” (emphasis added). This, of course, is nothing more than a highly transparent attempt to find an unexpressed alternative meaning which more closely suits its purpose. Clearly, had the Legislature wanted to specify “in a church building,” it could have easily done so.

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Cite This Page — Counsel Stack

Bluebook (online)
93 A.D.3d 1, 939 N.Y.S.2d 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rose-group-park-avenue-llc-v-new-york-state-liquor-authority-nyappdiv-2012.