§ 119 — Procedure for revocation or cancellation

New York § 119

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 8: General Provisions

Text

§ 119. Procedure for revocation or cancellation. 1. Any license or\npermit issued by the liquor authority pursuant to chapter one hundred\neighty of the laws of nineteen hundred thirty-three or this chapter may\nbe revoked, cancelled or suspended and/or be subjected to the imposition\nof a monetary penalty in the manner prescribed by this section.\n 2. The liquor authority may on its own initiative or on complaint of\nany person institute proceedings to revoke, cancel or suspend any retail\nlicense and may impose a civil penalty against the licensee after a\nhearing at which the licensee shall be given an opportunity to be heard.\nSuch hearing shall be held in such manner and upon such notice as may be\nprescribed by the rules of the liquor authority.\n 3. All other licenses or permits issued under this chapter may be\nrevoked, cancelled, suspended and/or made subject to the imposition of a\ncivil penalty by the liquor authority after a hearing to be held in the\nmanner to be determined by the rules of the liquor authority.\n 4. (a) The provisions of this subdivision shall apply in all cases of\nlicensee or permittee failure after receiving appropriate notice, to\ncomply with a summons, subpoena or warrant relating to a paternity or\nchild support proceeding and arrears in payment of child support or\ncombined child and spousal support referred to the authority by a court\npursuant to the requirements of section two hundred forty-four-c of the\ndomestic relations law or pursuant to section four hundred fifty-eight-b\nor five hundred forty-eight-b of the family court act.\n (b) Upon receipt of an order from the court based on arrears in\npayment of child support or combined child and spousal support pursuant\nto one of the foregoing provisions of law, the authority, if it finds\nsuch person to have been issued a license or permit, shall within thirty\ndays of receipt of such order from the court, provide notice to the\nlicensee or permittee of, and initiate, a hearing which shall be held at\nleast twenty days and no more than thirty days after the sending of such\nnotice to the licensee or permittee. The hearing shall be solely held\nfor the purpose of determining whether there exists as of the date of\nthe hearing proof that full payment of all arrears of support\nestablished by the order of the court to be due from the licensee or\npermittee have been paid. Proof of such payment shall be a certified\ncheck showing full payment of established arrears or a notice issued by\nthe court or the support collection unit, where the order is payable to\nthe support collection unit designated by the appropriate social\nservices district. Such notice shall state that full payment of all\narrears of support established by the order of the court to be due have\nbeen paid. The licensee or permittee shall be given full opportunity to\npresent such proof of payment at the hearing in person or by counsel.\nThe only issue to be determined by the authority as a result of the\nhearing is whether the arrears have been paid. No evidence with respect\nto the appropriateness of the court order or ability of the respondent\nparty in arrears to comply with such order shall be received or\nconsidered by the authority.\n (c) Notwithstanding any inconsistent provision of this article or of\nany other provision of law to the contrary, such license or permit shall\nbe suspended if at the hearing, provided for by paragraph (b) of this\nsubdivision, the licensee or permittee fails to present proof of payment\nas required by such subdivision. Such suspension shall not be lifted\nunless the court or the support collection unit, where the court order\nis payable to the support collection unit designated by the appropriate\nsocial services district, issues notice to the authority that full\npayment of all arrears of support established by the order of the court\nto be due have been paid.\n (d) Upon receipt of an order from the court based on failure to\ncomply with a summons, subpoena, or warrant relating to a paternity or\nchild support proceeding, the authority, if it finds such person has\nbeen issued a license or permit, shall within thirty days of receipt of\nsuch order from the court, provide notice to the licensee or permittee\nthat his or her license shall be suspended in sixty days unless the\nconditions in paragraph (e) of this subdivision are met.\n (e) Notwithstanding any inconsistent provision of this article or of\nany other provision of law to the contrary, such license or permit shall\nbe suspended in accordance with the provisions of paragraph (c) of this\nsubdivision unless the court terminates its order to commence suspension\nproceedings. Such suspension shall not be lifted unless the court\nissues an order to the authority terminating its order to commence\nsuspension proceedings.\n (f) The authority shall inform the court of all actions taken\nhereunder as required by law.\n (g) This subdivision applies to support obligations paid pursuant to\nany order of child support or child and spousal support issued under\nprovisions of article three-A or section two hundred thirty-six or two\nhundred forty of the domestic relations law, or article four, five or\nfive-A of the family court act.\n (h) Notwithstanding any inconsistent provision of this article or of\nany other provision of law to the contrary, the provisions of this\nsubdivision shall apply to the exclusion of any other requirements of\nthis article and to the exclusion of any other requirement of law to the\ncontrary.\n 5. Where a licensee is convicted of two or more qualifying offenses\nwithin a five year period, the authority, upon receipt of notification\nof such second or subsequent conviction pursuant to the provisions of\nsubdivision two of section one hundred six-a of this article, shall, in\naddition to any other sanction or civil or criminal penalty imposed\npursuant to this chapter, impose on such licensee a civil penalty not to\nexceed five hundred dollars. For purposes of this subdivision, a\nqualifying offense shall mean (a) the offense defined in subdivision one\nof section sixty-five of this chapter; or (b) the offense defined in\nparagraph (b) of subdivision one of section sixty-five-b of this\nchapter. For purposes of this subdivision, a conviction of a licensee or\nan employee or agent of such licensee shall constitute a conviction of\nsuch licensee.\n