Because Chumley’s was located within 500 feet of at least three other establishments that served liquor, Chumley’s was required obtain approval by the State Liquor Authority. Chumley’s secured approval of Manhattan Community Board 2 and applied to the Authority for the license. The Authority granted the license after making the requisite finding that the license would be in the public interest.
An association of neighbors, organized as Barfreebedford, sued to overturn the license in State Supreme Court. The lower court denied the petition and Barfreebedford appealed.
The Appellate Division First Department affirmed the lower court and sustained the license. It ruled that the Authority had adequately considered the relevant factors listed in the statute in making its public interest finding. The court noted that the main concern of Barfreebedford was after-midnight noise by late-night visitors to the bar on Bedford Street. That issue had been adequately addressed in the requirements to keep the windows and doors closed, added security and early closings.
Barfreebedford v. New York State Liquor Authority, 11 N.Y.S.3d 66 (App. Div. 1st Dep’t 2015)