IN RE: Application of NIGHT OWL LOUNGE (2000)

Determination of respondent State Liquor Authority, dated May 28, 1998, which canceled petitioner's liquor license, and imposed a $1000 bond forfeiture, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78, (transferred to this Court by order of the Supreme Court, New York County [William McCooe, J.], entered July 9, 1998), dismissed, without costs.

 The evidence adduced at the administrative hearing established that petitioner's principal, petitioner's bartender and three patrons were arrested, on the licensed premises on drug related charges, including a sale of controlled substances.   Thus, substantial evidence supports respondent's findings that petitioner suffered or permitted the licensed premises to become disorderly by suffering or permitting the traffic of narcotics therein (see, Popeye's Pub, Inc. v. State Liquor Auth., 51 A.D.2d 728, 379 N.Y.S.2d 134).   The penalty imposed is not shocking to our sense of fairness under the circumstances (see, Petillo v. New York State Liquor Auth., 248 A.D.2d 541, 670 N.Y.S.2d 209, lv. denied 92 N.Y.2d 814, 681 N.Y.S.2d 475, 704 N.E.2d 228;  Deane v. New York State Liquor Auth., 212 A.D.2d 611, 622 N.Y.S.2d 543).

MEMORANDUM DECISION.