Matter Fayez Restaurant v. State Liquor Authority

A building is "occupied exclusively" as a church within the contemplation of Alcoholic Beverage Control Law ? 64 (7) where
its primary or paramount use is as a church, even though there is an incidental use not inconsistent or detracting from the
predominant character of the building as a church (see, Matter of Multi Million Miles Corp. v State Liq. Auth., 55 A.D.2d 866, affd on mem below 43 N.Y.2d 774; People ex rel. Clausen v Murray, 5 App Div 441). Consequently, where -- as here -- part of a building functioning as a place
of worship is used as the pastor's family residence, from which church-related work is also conducted, the building still
may be considered to be "occupied exclusively" as a church (see, Matter of Trustees of Calvary Presbyt. Church v State Liq.
Auth., 245 App Div 176, affd 270 NY 497; People ex rel. Cairns v Murray, 148 NY 171). Petitioner's arguments centering on
a lack of necessity for the statutory prohibition, or its unfairness, are more appropriately addressed to the Legislature.