§ 118 — Revocation of licenses for cause

New York § 118

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

Text

§ 118. Revocation of licenses for cause. 1. Any license or permit\nissued pursuant to this chapter may be revoked, cancelled, suspended\nand/or subjected to the imposition of a civil penalty for cause, and\nmust be revoked for the following causes:\n (a) Conviction of the licensee, permittee or his agent or employee for\nselling any illegal alcoholic beverages on the premises licensed.\n (b) For transferring, assigning or hypothecating a license or permit.\n 2. Notwithstanding the issuance of a license or permit by way of\nrenewal, the liquor authority may revoke, cancel or suspend such license\nor permit and/or may impose a civil penalty against any holder of such\nlicense or permit, as prescribed by this section and section one hundred\nnineteen of this chapter, for causes or violations occurring during the\nlicense period immediately preceding the issuance of such license or\npermit, and may recover, as provided in section one hundred twelve of\nthis chapter, the penal sum of the bond on file during said period.\n 3. (a) As used in this section, the term "for cause" shall also\ninclude the existence of a sustained and continuing pattern of noise,\ndisturbance, misconduct, or disorder on or about the licensed premises,\nrelated to the operation of the premises or the conduct of its patrons,\nwhich adversely affects the health, welfare or safety of the inhabitants\nof the area in which such licensed premises are located.\n (b) (i) As used in this section, the term "for cause" shall also\ninclude, for licensees that sell alcoholic beverages for on premises\nconsumption, deliberately misleading the authority:\n (A) as to the nature and character of the business to be operated on\nthe licensed premises; or\n (B) by substantially altering the nature or character of such business\nat the licensed premises during the licensing period without seeking\nappropriate approvals from the authority.\n (ii) As used in this subdivision, the term "substantially altering the\nnature or character" of such business shall mean any significant\nalteration in the scope of business activities conducted at a licensed\npremises that would require obtaining an alternate form of license.\n (c) As used in this section, the term "for cause" shall also include a\nlicensee's or permittee's failure to cure a violation of law or rule in\nthe time period prescribed by the authority pursuant to subdivision six\nof this section.\n 4. As used in this chapter, the existence of a sustained and\ncontinuing pattern of noise, disturbance, misconduct, or disorder on or\nabout the licensed premises, related to the operation of the premises or\nthe conduct of its patrons, will be presumed upon the sixth incident\nreported to the authority by a law enforcement agency of noise or\ndisturbance or misconduct or disorder on or about the licensed premises\nor related to the operation of the premises or the conduct of its\npatrons, in any sixty day period, absent clear and convincing evidence\nof either fraudulent intent on the part of any complainant or a factual\nerror with respect to the content of any report concerning such\ncomplaint relied upon by the authority.\n 5. Notwithstanding any other provision of this chapter to the\ncontrary, a suspension imposed under this section against the holder of\na license issued under section sixty-one-a of this chapter shall only\nsuspend the licensed activities related to the type of alcoholic\nbeverage involved in the violation resulting in the suspension.\n 6. (a) Notwithstanding any other provision of this chapter, in lieu of\ncommencement of a disciplinary proceeding against a licensee or\npermittee, for a first-time violation of either a provision of this\nchapter or a rule of the authority that is deemed by the authority under\nits discretion to be de minimis under the circumstances, and is related\nto (i) an administrative process, or (ii) paperwork requested or\nreceived by the authority, or (iii) acts or omissions of the licensee or\npermittee, the authority shall provide a cure period or other\nopportunity for ameliorative action if the violation can be corrected.\n (b) Upon such first-time violation, the authority shall (i) provide\nthe licensee with a copy of the applicable law or rule and any other\nhelpful guidance or information explaining such law or rule, to the\nextent such materials exist, or (ii) to the extent practicable, provide\nsuch licensee assistance with compliance with the law or the authority's\nrules.\n (c) The authority shall have the discretion to determine the\nappropriate period of time to allow such licensee to cure or take such\nother ameliorative action to address such violation, which shall be\nreasonable but shall not be less than fifteen business days and not more\nthan twenty business days, unless a longer period is allowed pursuant to\nlaw or regulation.\n (d) No waiver of penalties or cure period or other opportunity for\nameliorative action may be given if the authority determines that such\nviolation may result in serious actual harm, or may present an\nendangerment to public safety, human health or the environment, is a\nviolation of human or civil rights law, results in loss of employee\nwages or benefits, interferes with any remedy, review, or resolution\nrelated to harassment or discrimination claims, was or is a willful\nviolation, involves tax fraud, violates requirements related to federal\nfunding to the state, relates to state funding or procurement, is\nsimilar to prior violations, is a penal law violation, relates to a\nmaterial or substantive portion of the licensee's business, or is in\ncontravention of the public interest and/or policy reflected by the\nauthority's mission.\n