New York State Law

Alcoholic Beverage Control Law

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Article 8 - Alcoholic Beverage Control Law

GENERAL PROVISIONS

Section Description
100Alcoholic beverages generally.
101Manufacturers and wholesalers not to be interested in retail places.
101-AATerms of sale.
101-AAATerms of sale; beer or wine products.
101-BUnlawful discriminations prohibited; filing of schedules; schedule listing fund.
102General prohibitions and restrictions.
103Provisions governing manufacturers.
104Provisions governing wholesalers.
104-AProvisions governing vendors.
105Provisions governing licensees to sell at retail for consumption off the premises.
105-ASale of beer at retail on Sunday.
105-BPosting of certain signs.
106Provisions governing licensees to sell at retail for consumption on the premises.
106-ANotice of arrest and convictions.
106-BProvisions for governing sports facilities operators and retail licenses to sell at certain sporting events for consumption on premises.Exp: 7/1/1993
107Advertising and forms of notices of the issuance of licenses.
107-ALabeling containers of alcoholic beverages.
108Restrictions upon licensees.
109Renewals of licenses and permits.
110Information to be requested in applications for licenses or permits.
110-ANotice of application for certain licenses to be published by applicant.
110-BNotification to municipalities.
111License to be confined to premises licensed.
112Bonds of licensees and permittees.
113Premises for which no license shall be granted.
114Licenses, publication, general provisions.
114-ALicense or permit issuance and registration approval.
115Rules need not be uniform.
116Deliveries of alcoholic beverages.
117Transportation of alcoholic beverages.
117-AUnlimited drink offerings prohibited.
117-BPossession or use of alcohol vaporizing devices prohibited.
118Revocation of licenses for cause.
119Procedure for revocation or cancellation.
120Decisions by liquor authority.
120-ACorporate change; hearing on application.
121Review by courts.
122Continuance of business by receiver or other representative.
123Injunction for unlawful manufacturing, sale or consumption of liquor, wine or beer.
124Liquor authority to be necessary party to certain proceedings.
125Disposition of moneys received for license fees.
126Persons forbidden to traffic in alcoholic beverages.
127Surrender and cancellation of licenses; payment of refunds; notice to police officials.
127-ASurrender and cancellation of permits; payment of refunds; notice to police officials.
127-BPayment of refunds on special permits and notice to police officers.
127-CRefunds on licenses and permits erroneously or unlawfully cancelled, revoked or suspended.
127-DRefunds on over-payment of fees; permit not issued.
128Certain officials not to be interested in manufacture or sale of alcoholic beverages.
128-APolice officers allowed to work in licensed premises in certain cases.
128-BPolice officers allowed to serve as an officer of a volunteer firefighters' organization.
129Surrender of license; notice to police officials.
130Penalties for violations of chapter.
131New York alcoholic beverage control problem premises task force.
  S 116.Deliveries of alcoholic beverages.  No alcoholic beverage shall
  be  transported  within this state by any vehicle unless such vehicle is
  owned and operated, or hired and operated by a licensee and unless there
  shall be attached to or inscribed upon both sides of such vehicle so  as
  to  be visible from a reasonable distance, a sign setting forth the name
  and address of such licensee in  such  form  and  with  such  additional
  information  as  the  liquor authority may prescribe; provided, however,
  (a) that alcoholic beverages may be transported by a retail licensee  to
  the  home  of  a  purchaser  not to be resold by the purchaser; (b) that
  alcoholic beverages owned by a person may be transported from  place  to
  place  not  for  purposes  of  sale; (c) that alcoholic beverages may be
  delivered from a licensee to a steamship or railroad station or terminal
  for purposes of transportation, and may be delivered from a steamship or
  railroad station or terminal to a purchaser for purposes of consumption,
  or to a licensee by any bona fide trucking agency holding a permit under
  this chapter. In lieu of such sign, a licensee may have in  the  cab  of
  such  vehicle  a  photostatic  copy of its current license issued by the
  authority, and such copy duly authenticated by the authority.

  S 117.Transportation  of  alcoholic beverages.   No common carrier or
  person operating a transportation facility in this state, other than the
  United States government, shall receive for transportation  or  delivery
  within  the  state  any  alcoholic  beverages  unless  the  shipment  is
  accompanied by copy of a bill of lading, or other document, showing  the
  name  and  address  of  the  consignor,  the  name  and  address  of the
  consignee, the date of the  shipment,  and  the  quantity  and  kind  of
  alcoholic beverage contained therein.

  S  117-a.Unlimited drink offerings prohibited. 1. No licensee, acting
  individually or in conjunction with one or more licensees, shall:
    (a) offer, sell, serve,  or  deliver  to  any  person  or  persons  an
  unlimited  number  of  drinks  during any set period of time for a fixed
  price.
    (b) allow a person, agent, party organizer, or promoter, as such terms
  shall be defined by the authority in  rule  and  regulation,  to  offer,
  sell,  serve, or deliver to any person or persons an unlimited number of
  drinks during any set period of time for a fixed price.
    (c) advertise, promote, or charge a  price  for  drinks  that  in  the
  judgment  of the authority creates an offering of alcoholic beverages in
  violation of the purposes and intent of this section, or  which  in  the
  judgment  of  the  authority  is an attempt to circumvent the intent and
  purposes of this section, such as, but not limited to, offerings of free
  drinks, or multiple drinks for free or for the price of a single  drink,
  or  for  a  low  initial price followed by a price increment per hour or
  other period of time, or for such a minor amount that in the judgment of
  the authority the pricing would constitute an attempt to circumvent  the
  intent and purposes of this section.
    2.  As used in this section, licensee means and includes the licensee,
  and any employees, or agents of such licensee.
    3. With respect to an individual  licensee,  this  section  shall  not
  apply  to  private functions not opened to the public, such as weddings,
  banquets, or receptions, or other similar functions, or to a package  of
  food   and  beverages  where  the  service  of  alcoholic  beverages  is
  incidental to the event or function.
    4. The authority shall investigate  any  documented  allegation  of  a
  violation of this section upon a complaint by any person.
    5.  The  authority shall promulgate rules and regulations necessary to
  implement the provisions of this section.
    6. The provisions of this section shall not apply to the holder  of  a
  temporary  permit under subdivision two of section one hundred five-a of
  this article.

  S  117-b.Possession or use of alcohol vaporizing devices prohibited.
  1.  For purposes of this section, "alcohol vaporizing device" means  any
  device,  machine or process which mixes spirits, liquor or other alcohol
  product with pure oxygen or other gas to produce a vaporized product for
  the purpose of consumption by inhalation.
    2. No licensee shall knowingly possess or make available  for  use  an
  alcohol vaporizing device upon the premises of an establishment licensed
  pursuant to this chapter.
    3.  A  violation of the provisions of this section shall be an offense
  punishable by a fine of not more than five thousand dollars. A violation
  of the provisions of this section after having been previously convicted
  of such an offense within the previous five years shall  be  a  class  B
  misdemeanor punishable by a fine of not more than ten thousand dollars.
    4.  Nothing  in  this  section  shall  be  construed  to  prohibit the
  authority from instituting proceedings to suspend, cancel, or  revoke  a
  license as provided in section seventeen of this chapter.

   S 118.Revocation  of  licenses  for cause. 1. Any license or permit
  issued pursuant to this chapter may  be  revoked,  cancelled,  suspended
  and/or  subjected  to  the  imposition of a civil penalty for cause, and
  must be revoked for the following causes:
    (a) Conviction of the licensee, permittee or his agent or employee for
  selling any illegal alcoholic beverages on the premises licensed.
    (b) For transferring, assigning or hypothecating a license or permit.
    2. Notwithstanding the issuance of a  license  or  permit  by  way  of
  renewal, the liquor authority may revoke, cancel or suspend such license
  or  permit  and/or may impose a civil penalty against any holder of such
  license or permit, as prescribed by this section and section one hundred
  nineteen of this chapter, for causes or violations occurring during  the
  license  period  immediately  preceding  the issuance of such license or
  permit, and may recover, as provided in section one  hundred  twelve  of
  this chapter, the penal sum of the bond on file during said period.
    3.  As  used  in this section, the term "for cause" shall also include
  the  existence  of  a  sustained  and  continuing  pattern   of   noise,
  disturbance,  misconduct, or disorder on or about the licensed premises,
  related to the operation of the premises or the conduct of its  patrons,
  which adversely affects the health, welfare or safety of the inhabitants
  of the area in which such licensed premises are located.
    4.  As  used  in  this  chapter,  the  existence  of  a  sustained and
  continuing pattern of noise, disturbance, misconduct, or disorder on  or
  about the licensed premises, related to the operation of the premises or
  the  conduct  of  its  patrons, will be presumed upon the sixth incident
  reported to the authority by  a  law  enforcement  agency  of  noise  or
  disturbance  or misconduct or disorder on or about the licensed premises
  or related to the operation of  the  premises  or  the  conduct  of  its
  patrons,  in  any sixty day period, absent clear and convincing evidence
  of either fraudulent intent on the part of any complainant or a  factual
  error  with  respect  to  the  content  of  any  report  concerning such
  complaint relied upon by the authority.

  S 119.Procedure  for  revocation or cancellation.   1. Any license or
  permit issued by the liquor authority pursuant to  chapter  one  hundred
  eighty  of the laws of nineteen hundred thirty-three or this chapter may
  be revoked, cancelled or suspended and/or be subjected to the imposition
  of a monetary penalty in the manner prescribed by this section.
    2. The liquor authority may on its own initiative or on  complaint  of
  any person institute proceedings to revoke, cancel or suspend any retail
  license  and  may  impose  a  civil penalty against the licensee after a
  hearing at which the licensee shall be given an opportunity to be heard.
  Such hearing shall be held in such manner and upon such notice as may be
  prescribed by the rules of the liquor authority.
    3. All other licenses or permits issued  under  this  chapter  may  be
  revoked, cancelled, suspended and/or made subject to the imposition of a
  civil  penalty by the liquor authority after a hearing to be held in the
  manner to be determined by the rules of the liquor authority.
    4. (a)  The provisions of this subdivision shall apply in all cases of
  licensee or permittee failure after  receiving  appropriate  notice,  to
  comply  with  a  summons, subpoena or warrant relating to a paternity or
  child support proceeding and arrears in  payment  of  child  support  or
  combined  child and spousal support referred to the authority by a court
  pursuant to the requirements of section two hundred forty-four-c of  the
  domestic relations law or pursuant to section four hundred fifty-eight-b
  or five hundred forty-eight-b of the family court act.
    (b)    Upon  receipt  of  an  order from the court based on arrears in
  payment of child support or combined child and spousal support  pursuant
  to  one  of  the foregoing provisions of law, the authority, if it finds
  such person to have been issued a license or permit, shall within thirty
  days of receipt of such order from the  court,  provide  notice  to  the
  licensee or permittee of, and initiate, a hearing which shall be held at
  least twenty days and no more than thirty days after the sending of such
  notice  to  the licensee or permittee.  The hearing shall be solely held
  for the purpose of determining whether there exists as of  the  date  of
  the   hearing  proof  that  full  payment  of  all  arrears  of  support
  established by the order of the court to be due  from  the  licensee  or
  permittee  have  been paid.   Proof of such payment shall be a certified
  check showing full payment of established arrears or a notice issued  by
  the  court or the support collection unit, where the order is payable to
  the  support  collection  unit  designated  by  the  appropriate  social
  services  district.    Such  notice shall state that full payment of all
  arrears of support established by the order of the court to be due  have
  been paid.  The licensee or permittee shall be given full opportunity to
  present  such  proof  of payment at the hearing in person or by counsel.
  The only issue to be determined by the authority  as  a  result  of  the
  hearing is whether the arrears have been paid.  No evidence with respect
  to  the  appropriateness of the court order or ability of the respondent
  party in arrears  to  comply  with  such  order  shall  be  received  or
  considered by the authority.
    (c)  Notwithstanding  any inconsistent provision of this article or of
  any other provision of law to the contrary, such license or permit shall
  be suspended if at the hearing, provided for by paragraph  (b)  of  this
  subdivision, the licensee or permittee fails to present proof of payment
  as  required  by such subdivision.   Such suspension shall not be lifted
  unless the court or the support collection unit, where the  court  order
  is  payable to the support collection unit designated by the appropriate
  social services district, issues  notice  to  the  authority  that  full
  payment  of all arrears of support established by the order of the court
  to be due have been paid.
    (d)  Upon receipt of an order from  the  court  based  on  failure  to
  comply  with  a summons, subpoena, or warrant relating to a paternity or
  child support proceeding, the authority, if it  finds  such  person  has
  been  issued a license or permit, shall within thirty days of receipt of
  such  order  from the court, provide notice to the licensee or permittee
  that his or her license shall be suspended  in  sixty  days  unless  the
  conditions in paragraph (e) of this subdivision are met.
    (e)   Notwithstanding any inconsistent provision of this article or of
  any other provision of law to the contrary, such license or permit shall
  be suspended in accordance with the provisions of paragraph (c) of  this
  subdivision unless the court terminates its order to commence suspension
  proceedings.    Such  suspension  shall  not  be lifted unless the court
  issues an order to the  authority  terminating  its  order  to  commence
  suspension proceedings.
    (f)  The  authority  shall  inform  the  court  of  all  actions taken
  hereunder as required by law.
    (g) This subdivision applies to support obligations paid  pursuant  to
  any  order  of  child  support or child and spousal support issued under
  provisions of article three-A or section two hundred thirty-six  or  two
  hundred  forty  of  the domestic relations law, or article four, five or
  five-A of the family court act.
    (h) Notwithstanding any inconsistent provision of this article  or  of
  any  other  provision  of  law  to  the contrary, the provisions of this
  subdivision shall apply to the exclusion of any  other  requirements  of
  this article and to the exclusion of any other requirement of law to the
  contrary.
    5.  Where  a  licensee is convicted of two or more qualifying offenses
  within a five year period, the authority, upon receipt  of  notification
  of  such  second  or subsequent conviction pursuant to the provisions of
  subdivision two of section one hundred six-a of this article, shall,  in
  addition  to  any  other  sanction  or civil or criminal penalty imposed
  pursuant to this chapter, impose on such licensee a civil penalty not to
  exceed five  hundred  dollars.  For  purposes  of  this  subdivision,  a
  qualifying offense shall mean (a) the offense defined in subdivision one
  of  section  sixty-five  of  this chapter; or (b) the offense defined in
  paragraph (b)  of  subdivision  one  of  section  sixty-five-b  of  this
  chapter. For purposes of this subdivision, a conviction of a licensee or
  an  employee  or agent of such licensee shall constitute a conviction of
  such licensee.

  S 120.Decisions  by liquor authority. A decision upon any application
  or hearing submitted to  or  held  by  the  liquor  authority  shall  be
  rendered within thirty days after such submission or hearing.

  S 120-a.Corporate   change;   hearing  on  application.     Upon  the
  disapproval by the authority of an application for a corporate change in
  the  stockholders,  stockholdings,  officers  or  directors  the  liquor
  authority shall provide for a hearing at which the applicant may produce
  any  evidence  it shall desire with reference to such disapproval by the
  authority.

  S 121.Review by courts. The following actions by the liquor authority
  shall  be  subject to review by the supreme court in the manner provided
  in article seventy-eight of the civil practice law  and  rules  provided
  that  no  stay  shall be granted pending the determination of the matter
  except on notice to the liquor authority and for a period not  exceeding
  thirty days:
    1. Refusal by the liquor authority to issue a license or a permit.
    2.  The  revocation, cancellation or suspension of a license or permit
  by the liquor authority.
    3. The failure or refusal by the liquor authority to render a decision
  within the time required by section one hundred twenty of this article.
    4. The transfer by the liquor authority of a license or permit to  any
  other  premises,  or  the  failure or refusal by the liquor authority to
  approve such a transfer.
    5. The issuance of an order of warning by the liquor authority.
    6. Refusal to approve alteration of premises.
    7.  Refusal  to  approve   a   corporate   change   in   stockholders,
  stockholdings, officers or directors.
    8.  Refusal  by  the  liquor  authority  to  grant  permission  for an
  additional bar pursuant to subdivision four of section  one  hundred  of
  this chapter.

   S 122.Continuance  of  business  by receiver or other representative.
  If a corporation or copartnership  holding  any  license  or  holding  a
  permit  for  which  an  annual  fee  of  one  hundred dollars or more is
  prescribed by this chapter shall be  dissolved,  or  if  a  receiver  or
  assignee  for  the  benefit  of creditors be appointed therefor, or if a
  receiver, assignee for the  benefit  of  creditors  or  a  committee  or
  conservator  of  the  property  of  an individual holding any license or
  holding a permit for which an annual fee of one hundred dollars or  more
  is  prescribed  by  this chapter be appointed, during the time for which
  such license or permit was granted, or if a person, including  a  member
  of a copartnership, holding any license or holding a permit for which an
  annual  fee of one hundred dollars or more is prescribed by this chapter
  shall die during the term for which such license or  permit  was  given,
  such   corporation,   copartnership,   receiver   or  assignee,  or  the
  administrator or executor of the estate of such individual, or  of  such
  deceased  member of a copartnership, or a committee of the property of a
  person adjudged to be incompetent, or a conservator of the  property  of
  an  individual,  or  a  petition under title eleven of the United States
  code shall have been filed and a  trustee  has  been  appointed  or  the
  holder  of  the  license  of  permit  has  been  permitted  to remain in
  possession without the appointment of a trustee, may continue  to  carry
  on  such  business  upon  such  premises for the balance of the term for
  which such license or permit was effective, with  the  same  rights  and
  subject  to  the same restrictions and liabilities as if he had been the
  original applicant for and the original holder,  or  one  of  either  of
  them,  of  such  license or permit, providing the approval of the liquor
  authority shall be first obtained. Before continuing such business, such
  receiver, assignee, individual, committee,  or  conservator,  debtor  in
  possession,  or  trustee  in  bankruptcy  shall file a statement setting
  forth in such form and substance as the liquor authority  may  prescribe
  the  facts  and circumstances by which he has succeeded to the rights of
  the original licensee or permittee. The liquor  authority  may,  in  its
  discretion,  permit the continuance of such business or may refuse to do
  so. In the event that the authority determines to permit the continuance
  of the business, the  license  or  permit  shall  be  submitted  to  the
  authority  and  shall  have  affixed  thereto  a certificate in the form
  prescribed by the authority. For each such certificate a  fee  shall  be
  paid  to  the liquor authority of fifty dollars by the applicant, except
  in the case of an off-premise  beer  license,  such  fee  shall  be  ten
  dollars  which  shall  be  paid into the same fund as other license fees
  herein provided for.

 S 123.Injunction  for  unlawful manufacturing, sale or consumption of
  liquor, wine or beer. 1. (a) If any person shall engage  or  participate
  or  be  about  to  engage or participate in the manufacturing or sale of
  liquor, wine or beer in this state  without  obtaining  the  appropriate
  license  therefor,  or shall traffic in liquor, wine or beer contrary to
  any provision of this chapter, or otherwise unlawfully, or shall traffic
  in illegal liquor, wine or beer, or, operating a  place  for  profit  or
  pecuniary  gain,  with  a  capacity for the assemblage of twenty or more
  persons, shall permit a person or persons  to  come  to  such  place  of
  assembly for the purpose of consuming alcoholic beverages without having
  the  appropriate  license  therefor  pursuant to section sixty-four-b of
  this chapter, the liquor authority or any taxpayer residing in the city,
  village or town in which such activity is or is about to be  engaged  or
  participated in or such traffic is being conducted, or the city, town or
  village,  may  present  a verified petition or complaint to a justice of
  the supreme court at a special term of the supreme court of the judicial
  district in which such city, village or town is situated, for  an  order
  enjoining such person engaging or participating in such activity or from
  carrying  on  such business.  Such petition or complaint shall state the
  facts upon which such application is based. Upon the presentation of the
  petition or complaint,  the  justice  or  court  shall  grant  an  order
  requiring  such  person  to  appear  before  such justice or court at or
  before a special term of the supreme court in such judicial district  on
  the  day  specified  therein,  not more than ten days after the granting
  thereof, to show  cause  why  such  person  should  not  be  permanently
  enjoined  from  engaging  or  participating  in  such  activity  or from
  carrying on such business, or why such person  should  not  be  enjoined
  from  carrying  on  such  business  contrary  to  the provisions of this
  chapter. A copy of such petition or complaint and order shall be  served
  upon  the  person,  in  the manner directed by such order, not less than
  three days before the return day thereof.  On the day specified in  such
  order,  the  justice  or  court before whom the same is returnable shall
  hear the proofs of the parties and may, if deemed necessary  or  proper,
  take  testimony  in  relation  to  the  allegations  of  the petition or
  complaint. If the justice or court is  satisfied  that  such  person  is
  about  to  engage  or  participate  in the unlawful traffic in alcoholic
  beverages or has unlawfully manufactured or sold liquor,  wine  or  beer
  without  having obtained a license or contrary to the provisions of this
  chapter, or has trafficked in illegal  liquor,  wine  or  beer,  or,  is
  operating  or  is  about  to  operate such place for profit or pecuniary
  gain, with such capacity, and has permitted or  is  about  to  permit  a
  person  or  persons to come to such place of assembly for the purpose of
  consuming alcoholic beverages without having such  appropriate  license,
  an order shall be granted enjoining such person from thereafter engaging
  or  participating in or carrying on such activity or business. If, after
  the entry of such an order in the county clerk's office of the county in
  which  the  principal  place  of  business   of   the   corporation   or
  copartnership is located, or in which the individual so enjoined resides
  or  conducts  such business, and the service of a copy thereof upon such
  person, or such substituted  service  as  the  court  may  direct,  such
  person,  copartnership or corporation shall, in violation of such order,
  manufacture or sell liquor, wine or beer, or illegal  liquor,  wine,  or
  beer,  or  permit  a person or persons to come to such place of assembly
  for the purpose of consuming alcoholic beverages, such activity shall be
  deemed a contempt of court and be punishable in the manner  provided  by
  the  judiciary law, and, in addition to any such punishment, the justice
  or court before whom or which the petition or complaint is  heard,  may,
  in  his  or  its  discretion,  order  the  seizure and forfeiture of any
  liquor, wine or beer and any fixtures, equipment and  supplies  used  in
  the  operation or promotion of such illegal activity, including any bar,
  bar or refrigeration equipment, vending machines,  gaming  machines  and
  jukeboxes,  and such property shall be subject to forfeiture pursuant to
  the provisions of subdivision two of  this  section.    Costs  upon  the
  application  for  such injunction may be awarded in favor of and against
  the parties thereto in such sums as in the discretion of the justice  or
  court  before  whom or which the petition or complaint is heard may seem
  proper.
    (b) The owner, lessor and lessee of  a  building,  erection  or  place
  where alcoholic beverages are unlawfully manufactured, sold, consumed or
  permitted  to  be  unlawfully manufactured, sold or consumed may be made
  respondents or defendants in the proceeding or action.
    2. (a) This seized property shall be delivered by the  peace  officer,
  acting  pursuant to his special duties or police officer having made the
  seizure to the custody of the authority or the district attorney of  the
  county  wherein  the  seizure  was made as may be directed by the court,
  except that in the cities of New York and Buffalo, the  seized  property
  shall  be  delivered  to  the  custody of the authority or of the police
  department of such cities, together with a report of all the  facts  and
  circumstances of the seizure.
    (b)  It  shall  be the duty of the authority or such district attorney
  or, if the seizure was made in the cities of New York or Buffalo, of the
  authority or corporation counsel of such city, as the case  may  be,  to
  inquire  into  the  facts  of  the seizure so reported and if it appears
  probable that a forfeiture has been incurred, for the  determination  of
  which  the institution of proceedings in the supreme court is necessary,
  to cause the proper proceedings to be commenced and prosecuted,  at  any
  time  after  thirty  days  from  the  date  of  seizure, to declare such
  forfeiture, unless, upon inquiry and examination the authority  or  such
  person,  as  the  case  may  be,  decides  that such proceedings can not
  probably be sustained or that the ends of public justice do not  require
  that  they  should  be  instituted  or  prosecuted,  in  which case, the
  authority or such person shall cause such seized property to be returned
  to the owner thereof.
    (c) Notice of the institution of the forfeiture  proceeding  shall  be
  served  either  (i)  personally  on the owners of the seized property or
  (ii) by registered mail  to  the  owners'  last  known  address  and  by
  publication  of  the  notice  once  a week for two successive weeks in a
  newspaper published or circulated in the county wherein the seizure  was
  made.
    (d)  Forfeiture  shall not be adjudged where the owners established by
  preponderance of the evidence that (i) the use of such  seized  property
  was  not  intentional  on  the  part  of  any owner, or (ii) said seized
  property was used by any person other than an owner thereof, while  such
  seized  property  was  unlawfully  in  the  possession  of  a person who
  acquired possession thereof in violation of the  criminal  laws  of  the
  United States, or of any state.
    (e)  The  authority  or  such  person  having  custody  of  the seized
  property, after such judicial determination of forfeiture, shall,  by  a
  public  notice  of  at  least five days, sell such forfeited property at
  public sale. The net proceeds of any such sale, after deduction  of  the
  lawful  expenses  incurred,  shall  be paid into the general fund of the
  county wherein the seizure was made except that the net proceeds of  the
  sale  of  property seized in the cities of New York and Buffalo shall be
  paid into the respective general funds of such cities.
    (f) Whenever any person interested in any property which is seized and
  declared forfeited under the provisions of this  section  files  with  a
  justice  of  the  supreme  court  a  petition  for  the recovery of such
  forfeited property, the justice of the supreme court  may  restore  said
  forfeited property upon such terms and conditions as he deems reasonable
  and  just,  if  the  petitioner  establishes  either  of the affirmative
  defenses set forth in paragraph (d) of subdivision two of  this  section
  and  that the petitioner was without personal or actual knowledge of the
  forfeiture proceeding. If the petition be filed after the  sale  of  the
  forfeited  property,  any  judgment  in favor of the petitioner shall be
  limited to the net proceeds of such sale, after deduction of the  lawful
  expenses and costs incurred by the seizing party.
    (g) No suit or action under this section for wrongful seizure shall be
  instituted  unless  such  suit  or  action is commenced within two years
  after the time when the property was seized.

  S 124.Liquor  authority to be necessary party to certain proceedings.
  The state liquor authority shall be made a  party  to  all  actions  and
  proceedings  affecting  in any manner the submission of the local option
  questions provided for in this  chapter,  or  the  result  of  any  vote
  thereupon;  to  all  actions  and  proceedings  relative  to issuance or
  revocation of licenses or permits; to all injunction proceedings, and to
  all other civil actions or proceedings which in any  manner  affect  the
  enjoyment  of  the  privileges  or  the  operation  of  the restrictions
  provided for in this chapter.

  S 125.Disposition  of  moneys  received for license fees.  The moneys
  received for license fees provided for in this chapter shall  be  turned
  over  by  the  liquor  authority  to  the state comptroller. It shall be
  placed by the state comptroller in the fund derived from the proceeds of
  the taxes on liquor, wine and beer provided for in article  eighteen  of
  the  tax  law  and  become  a  part thereof and be subject to all of the
  provisions of law relating to such fund.

  S 126.Persons  forbidden  to  traffic  in  alcoholic beverages.   The
  following are forbidden to traffic in alcoholic beverages:
    1. Except as provided in subdivision one-a of this section,  a  person
  who  has been convicted of a felony or any of the misdemeanors mentioned
  in section eleven hundred forty-six of the former penal law as in  force
  and  effect  immediately  prior  to  September  first,  nineteen hundred
  sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
  penal law, unless subsequent to such conviction such person  shall  have
  received  an  executive  pardon  therefor  removing  this  disability, a
  certificate of good conduct granted by the department of corrections and
  community supervision, or a  certificate  of  relief  from  disabilities
  granted  by the department of corrections and community supervision or a
  court of this state pursuant to the provisions of  article  twenty-three
  of  the  correction  law  to  remove  the  disability under this section
  because of such conviction.
    1-a. Notwithstanding the provision of subdivision one of this section,
  a corporation holding a license to traffic in alcoholic beverages  shall
  not,  upon conviction of a felony or any of the misdemeanors or offenses
  described in subdivision one of this section, be automatically forbidden
  to traffic in alcoholic beverages, but the application for a license  by
  such a corporation shall be subject to denial, and the license of such a
  corporation  shall  be  subject  to  revocation  or  suspension  by  the
  authority pursuant to section one  hundred  eighteen  of  this  chapter,
  consistent   with  the  provisions  of  article  twenty-three-A  of  the
  correction law. For any felony conviction by a court other than a  court
  of  this  state, the authority may request the department of corrections
  and community supervision  to  investigate  and  review  the  facts  and
  circumstances  concerning  such a conviction, and such department shall,
  if so requested, submit its findings to the authority as to whether  the
  corporation  has  conducted  itself  in a manner such that discretionary
  review by the authority  would  not  be  inconsistent  with  the  public
  interest.  The  department  of corrections and community supervision may
  charge the licensee or applicant a fee equivalent to the expenses of  an
  appropriate  investigation  under  this  subdivision. For any conviction
  rendered by a court  of  this  state,  the  authority  may  request  the
  corporation,  if the corporation is eligible for a certificate of relief
  from disabilities, to seek such  a  certificate  from  the  court  which
  rendered  the conviction and to submit such a certificate as part of the
  authority's discretionary review process.
    2. A person under the age of twenty-one years.
    3. A person who is not a citizen of the  United  States  or  an  alien
  lawfully admitted for permanent residence in the United States.
    4.  A  copartnership  or  a  corporation,  unless  each  member of the
  partnership, or each of the principal  officers  and  directors  of  the
  corporation,  is  a  citizen  of  the United States or an alien lawfully
  admitted for permanent residence in the United  States,  not  less  than
  twenty-one years of age, and has not been convicted of any felony or any
  of  the  misdemeanors,  specified in section eleven hundred forty-six of
  the former penal law  as  in  force  and  effect  immediately  prior  to
  September  first, nineteen hundred sixty-seven, or of an offense defined
  in section 230.20 or 230.40 of the penal law, or  if  so  convicted  has
  received,  subsequent  to  such conviction, an executive pardon therefor
  removing this disability a certificate of good conduct  granted  by  the
  department of corrections and community supervision, or a certificate of
  relief  from  disabilities  granted by the department of corrections and
  community  supervision  or  a  court  of  this  state  pursuant  to  the
  provisions  of  article twenty-three of the correction law to remove the
  disability under this  section  because  of  such  conviction;  provided
  however  that a corporation which otherwise conforms to the requirements
  of this section and chapter may be licensed if  each  of  its  principal
  officers  and  more  than  one-half of its directors are citizens of the
  United States or aliens lawfully admitted for permanent residence in the
  United  States;  and provided further that a corporation organized under
  the not-for-profit corporation law or the education law which  otherwise
  conforms to the requirements of this section and chapter may be licensed
  if  each  of  its  principal  officers  and  more  than  one-half of its
  directors are not less than twenty-one years of  age  and  none  of  its
  directors are less than eighteen years of age; and provided further that
  a  corporation organized under the not-for-profit corporation law or the
  education law and located on the premises of a  college  as  defined  by
  section  two  of  the  education  law  which  otherwise  conforms to the
  requirements of this section and chapter may be licensed if each of  its
  principal  officers and each of its directors are not less than eighteen
  years of age.
    5. (a) A person who shall have  had  any  license  issued  under  this
  chapter  revoked  for  cause, until the expiration of two years from the
  date of such revocation.
    (b) A person not licensed under the provisions of  this  chapter,  who
  has  been convicted of a violation of this chapter, until the expiration
  of two years from the date of such conviction.
    6. A corporation or copartnership, if any officer and director or  any
  partner,  while  not  licensed under the provisions of this chapter, has
  been convicted of a violation of this chapter,  or  has  had  a  license
  issued under this chapter revoked for cause, until the expiration of two
  years from the date of such conviction or revocation.
    * 8.  Notwithstanding  any  of  the  provisions  of  this section, the
  authority is authorized to waive the citizenship  requirements  therein,
  provided  that  the  applicant otherwise conforms to the requirements of
  this section, and the application is for a premises located in the  area
  leased  by  the  city of New York to the New York World's Fair 1964-1965
  Corporation  pursuant  to  the  provisions  of  chapter   four   hundred
  twenty-eight of the laws of nineteen hundred sixty as amended by chapter
  nine  hundred nine of the laws of nineteen hundred sixty-one, during the
  term or duration of such lease.
    * NB Expired January 31, 1966

  S 127.Surrender  and  cancellation  of  licenses; payment of refunds;
  notice to police officials.  1. If a person holding a license to traffic
  in alcoholic beverages under the provisions  of  this  chapter,  against
  whom  no  complaint,  prosecution or action is pending on account of any
  violation thereof, shall voluntarily, and before  arrest  or  indictment
  for a violation of this chapter, cease to traffic in alcoholic beverages
  during  the  term  for  which  the  license fee is paid, such person may
  surrender such license to the  liquor  authority  for  cancellation  and
  refund,  provided that such license shall have at least one month to run
  at the time of such surrender. Such refund shall be  computed  for  full
  months  less  thirty dollars, commencing with the first day of the month
  succeeding the one in which such license  is  surrendered,  unless  such
  surrender  be  on  the first day of the month; and at the same time such
  person shall present to the liquor authority a verified petition setting
  forth all facts required to be shown by the liquor authority  upon  such
  surrender.  The  liquor  authority shall thereupon compute the amount of
  refund then due on said license for  the  unexpired  term  thereof,  and
  shall  execute a receipt therefor showing the name of the person to whom
  such license was issued, the number thereof, date when issued, amount of
  license  fee  paid  therefor,  and  the  date   when   surrendered   for
  cancellation,  together  with  the  amount of refund due thereon at such
  date as computed by it, and the name of the person entitled  to  receive
  the  refund.  Such receipt shall be delivered by the liquor authority to
  the person entitled thereto. If within thirty days from the date of such
  surrender and application,  the  person  surrendering  such  certificate
  shall  be  arrested  or  indicted  for  a  violation of this chapter, or
  proceedings  shall  be  instituted  for   the   cancellation   of   such
  certificate,  or an action shall be commenced against him for penalties,
  such petition shall not be granted until the final determination of such
  proceedings or actions; and if the said petitioner be convicted, or said
  action or proceedings be  determined  against  him,  the  authority  may
  direct  that  any  refund due thereunder be forfeited or may impose such
  other penalty or conditions it may deem appropriate in the circumstances
  but if such petitioner be  acquitted,  or  such  proceedings  or  action
  against  him be dismissed on the merits or, if within such time, no such
  action or proceeding shall be brought  against  such  person,  then  the
  liquor  authority shall prepare an order for the payment of such refund,
  directed to the comptroller, to be paid him,  on  his  audit,  upon  the
  surrender  of  the  receipt  theretofore  given  such  person; provided,
  however, that if any taxes or penalties imposed by article  eighteen  of
  the  tax  law  or  if any civil penalties imposed under this chapter are
  unpaid by such person, the amount of  such  taxes,  penalties  or  civil
  penalties  shall be deducted from the amount of such refund. Any refunds
  due on the surrender and  cancellation  of  licenses  pursuant  to  this
  section  shall  be  paid  by the comptroller from moneys in his custody,
  derived from license fees received pursuant to this chapter.
    2. It shall be the duty of the liquor authority, upon the receipt of a
  license  surrendered  for  cancellation  and  refund  pursuant  to  this
  section,  to  immediately  serve  a  written  or printed notice upon the
  commissioner of police, chief of police, or chief police officer of  the
  city,  borough  or  village in which the place for which the surrendered
  license was issued is situated, or upon the sheriff of the county and  a
  constable  of  the  town,  in  case  the  license was issued for a place
  situated in a town and not within any city, borough  or  village,  which
  notice  shall  include  a  statement  of  the  number of the surrendered
  license, the name and place of residence of the holder of the license at
  the time of surrender, the location of the place for which  the  license
  was  issued  and was held at the time of surrender by street and number,
  if any, otherwise such apt description as  will  definitely  locate  the
  premises;  the  fact  that  such  license has been surrendered; that the
  traffic in alcoholic beverages at  said  premises  by  any  one  is  not
  authorized  until a new license has been obtained therefor; and the date
  when such license was surrendered for cancellation. Such notice  may  be
  served  by  registered  or  certified  mail,  by inclosing the same in a
  post-paid sealed envelope, duly addressed to such officer.

  S 127-a.Surrender  and  cancellation  of permits; payment of refunds;
  notice to police officials.  The procedure prescribed by the  provisions
  of  section one hundred twenty-seven of this chapter shall be applicable
  to permits issued pursuant to this chapter. Notwithstanding anything  to
  the  contrary contained in this chapter, no refund shall be payable with
  respect to any special permit issued pursuant to section ninety-nine-c.

  S 127-b.Payment  of  refunds  on special permits and notice to police
  officers.    Where  a  special  permit  to  remain  open   until   three
  antemeridian   has   been   issued  under  subdivision  two  of  section
  ninety-nine of this chapter, in a county where a regulation of  a  local
  board further restricting the hours during which alcoholic beverages may
  be  sold  for  on-premises consumption shall have been rescinded by such
  local board during the period for which the special permit  was  issued,
  the holder of such special permit shall be entitled to a refund computed
  for  full  months  commencing with the first day of the month succeeding
  the month in which the rescission of the local regulation occurred.  The
  procedure with reference to the payment of refunds and notice to  police
  officials shall be as nearly as possible the same as outlined in section
  one hundred and twenty-seven of this chapter.

 S 127-c.Refunds  on  licenses  and  permits erroneously or unlawfully
  cancelled, revoked or suspended.  If a license or  permit  issued  under
  this  chapter  is  cancelled,  revoked  or  suspended and thereafter the
  action of  the  state  liquor  authority  effecting  such  cancellation,
  revocation  or suspension is reversed or annulled, upon application made
  within six months of the date of such judgment of reversal or  annulment
  there shall be refunded to such licensee or his assignee such proportion
  of  the  fee  paid  for  such  license or permit as the period that such
  licensee or permittee has not had the beneficial use of such license  or
  permit by reason of such cancellation, revocation or suspension bears to
  the  full  period  for  which  the  license  or  permit  was issued. The
  provisions of section one hundred twenty-seven of this chapter so far as
  they can be made applicable and are not inconsistent with this  section,
  shall  govern  the  procedure  to  be followed in making application for
  refunds under this section.

 S 127-d.Refunds  on  over-payment of fees; permit not issued.  Monies
  heretofore or hereafter received  by  the  authority  pursuant  to  this
  chapter may, within three years from the receipt thereof, be refunded to
  the applicant for the license or permit, on satisfactory proof that:
    a.  Such monies were in excess of the amount required by this chapter,
  to the extent of such excess.
    b. The permit for which application was made has not been issued.
    Such refunds shall, upon approval by the authority and after audit  by
  the  state  comptroller,  be  paid from any monies in the custody of the
  comptroller, derived from fees received pursuant to this chapter.

  S 128.Certain  officials  not to be interested in manufacture or sale
  of alcoholic beverages. 1. Except as otherwise provided in  section  one
  hundred   twenty-eight-a,   it   shall   be   unlawful  for  any  police
  commissioner, police inspector, captain, sergeant, roundsman,  patrolman
  or  other police official or subordinate of any police department in the
  state, to be either directly or indirectly interested in the manufacture
  or sale of alcoholic beverages or to offer for sale, or recommend to any
  licensee any alcoholic beverages.   A  person  may  not  be  denied  any
  license granted under the provisions of sections fifty-four, fifty-five,
  fifty-nine,   sixty-three,   sixty-four,  seventy-nine,  eighty-one,  or
  article seven of this chapter solely on the grounds of being the  spouse
  of  a  public servant described in this subdivision. The solicitation or
  recommendation made to any licensee, to purchase any alcoholic beverages
  by any police official or subordinate as hereinabove described, shall be
  presumptive evidence of the interest of such official or subordinate  in
  the manufacture or sale of alcoholic beverages.
    2. No elective village officer shall be subject to the limitations set
  forth  in  subdivision  one of this section unless such elective village
  officer shall be assigned duties directly relating to the  operation  or
  management of the police department.

  S 128-a.Police  officers  allowed  to  work in licensed premises in
  certain cases. Notwithstanding any inconsistent provision of law to  the
  contrary,  the  authority shall promulgate such rules and regulations as
  may be necessary to provide that it shall not be unlawful for  a  police
  officer  employed  in  this state, having written permission and consent
  from his commanding officer, to work in a premises licensed to sell beer
  at retail for off-premises consumption under section fifty-four of  this
  chapter  or to work solely as a security guard or director of traffic on
  the premises of a volunteer firefighters' organization licensed to  sell
  beer  and  wine at retail pursuant to a temporary permit for on-premises
  consumption under section ninety-seven of this chapter.

  s 128-b. Police officers allowed to serve as an officer of a volunteer
  firefighters'  organization.  Notwithstanding any inconsistent provision
  of law to the contrary, a volunteer firefighters' organization shall not
  be precluded from applying for an on-premises license  or  permit  under
  the  provisions  of this chapter due to the presence of a police officer
  serving as  an  officer  of  such  organization  and  the  state  liquor
  authority shall be authorized to issue such license or permit.

  S 129.Surrender of license; notice to police officials.  Within three
  days  after  a license shall have been revoked pursuant to this chapter,
  notice thereof shall be given to the licensee  by  mailing  such  notice
  addressed  to  him at the premises licensed. Notice shall also be mailed
  to the owner of the premises licensed. The holder of such license  shall
  thereupon  surrender  same to the liquor authority.  The mailing thereof
  by the licensee to the liquor authority by registered  mail  or  insured
  parcel post shall be deemed sufficient compliance with this section. The
  liquor  authority,  immediately  upon giving notice of revocation, shall
  serve a written notice thereof upon the commissioner of police, chief of
  police or chief police officer of the city,  or  village  in  which  the
  premises  for  which the revoked license was issued is situated, or upon
  the sheriff of the county or a constable of the town in case the license
  was issued for premises situated in a town and not within  any  city  or
  village.  Such  notice  shall  include a statement of the number of such
  license, the name and place of residence  of  the  holder  thereof,  the
  location  of  the  licensed premises, and the date when such license was
  revoked. In case such license be not forthwith surrendered,  the  liquor
  authority shall issue a written demand for the surrender of such license
  and  deliver  said  demand  to  the  sheriff  of the county in which the
  licensed premises are located, or to any representative  of  the  liquor
  authority,  and  said  sheriff  or representative shall immediately take
  possession of such license and return the same to the liquor authority.

  S 130.Penalties  for  violations  of  chapter.    1.  Any  person who
  manufactures for sale or  sells  alcoholic  beverages,  other  than  the
  illicit  alcoholic  beverages  as  defined in section one hundred fifty,
  without having an appropriate license therefor,  or  whose  license  has
  been   revoked,   surrendered   or  cancelled,  shall  be  guilty  of  a
  misdemeanor, and upon first conviction thereof shall be  punished  by  a
  fine  not  more than two times the cost of a special on premises license
  in the county where the unlawful act took place or by imprisonment in  a
  county  jail or penitentiary for a term of not less than thirty days nor
  more than one year or both and upon second conviction thereof  shall  be
  punished by a fine not less than two times and not more than three times
  the  cost  of  a  special  on  premises  license in the county where the
  unlawful act  took  place  or  by  imprisonment  in  a  county  jail  or
  penitentiary  for  a term of not less than thirty days nor more than one
  year or both and  upon  all  subsequent  convictions  thereof  shall  be
  punished  by  a  fine  not  less than three times and not more than four
  times the cost of a special on premises license in the county where  the
  unlawful  act  took  place  or  by  imprisonment  in  a  county  jail or
  penitentiary for a term of not less than thirty days nor more  than  one
  year  or  both provided, however, that in default of payment of any fine
  imposed,  such  person  shall  be  imprisoned  in  a  county   jail   or
  penitentiary for a term of not less than thirty days.
    1-a.  Any  licensee,  whose license has been suspended pursuant to the
  provisions of this chapter, who sells  alcoholic  beverages  during  the
  suspension period, shall be guilty of a misdemeanor, and upon conviction
  thereof shall be punished by a fine of not more than two hundred dollars
  or  by  imprisonment  in a county jail or penitentiary for a term of not
  more than six months, or by both such fine and imprisonment.
    2. Any person who shall make any false statement  in  the  application
  for  a  license  or  a  permit  under  this chapter shall be guilty of a
  misdemeanor, and upon conviction thereof shall be punishable by  a  fine
  of  not  more  than  two hundred dollars, or by imprisonment in a county
  jail or penitentiary for a term of not more than six months or both.
    3. Any violation by any person of any provision of  this  chapter  for
  which  no  punishment  or  penalty  is  otherwise  provided  shall  be a
  misdemeanor, provided, however, that the provisions of this  subdivision
  shall not apply to the prohibitions provided for in subdivision six-a of
  section one hundred six of this chapter.
    4.  In the city of New York, a summons shall be issued for a violation
  of the provisions of subdivision fourteen of  section  one  hundred  and
  five, section one hundred and five-a and subdivision five of section one
  hundred  and  six  of  this  chapter  in  the same manner as provided by
  subdivision h of section one hundred and sixteen of the  New  York  city
  criminal courts act.
    5.  Any  violation by any person of the alcoholic beverage control law
  for which no punishment or penalty is  otherwise  provided  shall  be  a
  misdemeanor,  provided, however, that the provisions of this subdivision
  shall not apply to the prohibitions provided for in subdivision six-a of
  section one hundred six of this chapter.

  S 131.New  York  alcoholic  beverage  control problem premises task
  force.  1. There is hereby created within the  authority  the  New  York
  alcoholic  beverage  control  problem  premises  task force (hereinafter
  "task force"), which shall consist of  employees  of  the  authority  as
  designated  by  the members of the authority, provided however, that the
  task force shall include at  least  one  investigator  from  the  Albany
  office,  one  investigator from the Buffalo office, and one investigator
  from the New York city office.
    2. In any case where the  authority  receives  notification  from  the
  mayor,   chief   of  police,  police  commissioner,  sheriff,  or  local
  legislative body of any city,  town  or  village  which  certifies  that
  continued  operation of an on-premises establishment poses a significant
  threat to the public health,  safety,  or  welfare  requiring  immediate
  action,  the  authority  shall  assign  responsibility for conducting an
  investigation concerning such premises to the task force. In the city of
  New  York,  the  community  board  established   pursuant   to   section
  twenty-eight hundred of the New York city charter with jurisdiction over
  the  area  in  which  such  premises  is located shall be considered the
  appropriate local legislative body.
    3. Not more than fourteen calendar days after receipt by the authority
  of a notification as provided in this  section,  the  task  force  shall
  commence  an  investigation into the operation of the establishment. The
  task force shall complete its  investigation  and  the  authority  shall
  commence  a disciplinary hearing proceeding pursuant to this chapter for
  revocation or other appropriate action within forty-five calendar  days,
  unless   the   task   force  determines  in  written  findings  that  no
  disciplinary charges are warranted. A copy  of  any  such  determination
  shall  be  sent  to  the  mayor,  chief  of police, police commissioner,
  sheriff, or local legislative body of the city,  town  or  village  that
  filed  the  notification  with the authority. The authority shall notify
  the mayor, chief of  police,  police  commissioner,  sheriff,  or  local
  legislative   body   of  the  city,  town  or  village  that  filed  the
  notification  to  the  authority  of  the  final  disposition   of   the
  disciplinary  proceeding  within  ten business days of the completion of
  this process.
Sections 100 thru 115 | Article 8 General Provisions

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