Fed. Dist. Court in NY Finds Restricting the Hours of Operation of Restaurant and Bar Did Not Violate Owner’s Constitutional Rights

LAW OF THE LAND

Plaintiff Obsession Sports Bar & Grill, Inc. alleged that the City of Rochester improperly restricted Obsession’s hours of operation, based upon a provision of the Rochester Municipal Code, Section 120-34(O), that was null and void, because it was “an impermissible exercise of municipal zoning power” as it conflicted with the “New York State Alcoholic Beverages Control Law” (“ABC Law”), which regulated the hours that taverns could operate. Pursuant to the ABC Law, establishments holding liquor licenses were permitted to sell alcohol from 8:00 a.m. until 2:00 a.m. on all days except Sunday, when they can sell alcohol from Noon until 2:00 a.m. The New York State Supreme Court held § 120-34(O) was “an impermissible exercise of municipal zoning power, which could not stand in the face of conflicting and pre-emptive provisions of the ABC Law”, and was affirmed on appeal by the New York State Supreme Court, Appellate Division Fourth…

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