§ 126 — Persons forbidden to traffic in alcoholic beverages

New York § 126

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

Text

§ 126. Persons forbidden to traffic in alcoholic beverages. The\nfollowing are forbidden to traffic in alcoholic beverages:\n 1. Except as provided in subdivision one-a of this section, a person\nwho has been convicted of a felony or any of the misdemeanors mentioned\nin section eleven hundred forty-six of the former penal law as in force\nand effect immediately prior to September first, nineteen hundred\nsixty-seven, or of an offense defined in section 230.20 or 230.40 of the\npenal law, unless subsequent to such conviction such person shall have\nreceived an executive pardon therefor removing this disability, a\ncertificate of good conduct granted by the department of corrections and\ncommunity supervision, or a certificate of relief from disabilities\ngranted by the department of corrections and community supervision or a\ncourt of this state pursuant to the provisions of article twenty-three\nof the correction law to remove the disability under this section\nbecause of such conviction.\n 1-a. Notwithstanding the provision of subdivision one of this section,\na corporation holding a license to traffic in alcoholic beverages shall\nnot, upon conviction of a felony or any of the misdemeanors or offenses\ndescribed in subdivision one of this section, be automatically forbidden\nto traffic in alcoholic beverages, but the application for a license by\nsuch a corporation shall be subject to denial, and the license of such a\ncorporation shall be subject to revocation or suspension by the\nauthority pursuant to section one hundred eighteen of this chapter,\nconsistent with the provisions of article twenty-three-A of the\ncorrection law. For any felony conviction by a court other than a court\nof this state, the authority may request the department of corrections\nand community supervision to investigate and review the facts and\ncircumstances concerning such a conviction, and such department shall,\nif so requested, submit its findings to the authority as to whether the\ncorporation has conducted itself in a manner such that discretionary\nreview by the authority would not be inconsistent with the public\ninterest. The department of corrections and community supervision may\ncharge the licensee or applicant a fee equivalent to the expenses of an\nappropriate investigation under this subdivision. For any conviction\nrendered by a court of this state, the authority may request the\ncorporation, if the corporation is eligible for a certificate of relief\nfrom disabilities, to seek such a certificate from the court which\nrendered the conviction and to submit such a certificate as part of the\nauthority's discretionary review process.\n 2. A person under the age of twenty-one years.\n 3. A person who is not a citizen of the United States or a noncitizen\nlawfully admitted for permanent residence in the United States.\n 4. A copartnership or a corporation, unless each member of the\npartnership, or each of the principal officers and directors of the\ncorporation, is a citizen of the United States or a noncitizen lawfully\nadmitted for permanent residence in the United States, not less than\ntwenty-one years of age, and has not been convicted of any felony or any\nof the misdemeanors, specified in section eleven hundred forty-six of\nthe former penal law as in force and effect immediately prior to\nSeptember first, nineteen hundred sixty-seven, or of an offense defined\nin section 230.20 or 230.40 of the penal law, or if so convicted has\nreceived, subsequent to such conviction, an executive pardon therefor\nremoving this disability a certificate of good conduct granted by the\ndepartment of corrections and community supervision, or a certificate of\nrelief from disabilities granted by the department of corrections and\ncommunity supervision or a court of this state pursuant to the\nprovisions of article twenty-three of the correction law to remove the\ndisability under this section because of such conviction; provided\nhowever that a corporation which otherwise conforms to the requirements\nof this section and chapter may be licensed if each of its principal\nofficers and more than one-half of its directors are citizens of the\nUnited States or noncitizens lawfully admitted for permanent residence\nin the United States; and provided further that a corporation organized\nunder the not-for-profit corporation law or the education law which\notherwise conforms to the requirements of this section and chapter may\nbe licensed if each of its principal officers and more than one-half of\nits directors are not less than twenty-one years of age and none of its\ndirectors are less than eighteen years of age; and provided further that\na corporation organized under the not-for-profit corporation law or the\neducation law and located on the premises of a college as defined by\nsection two of the education law which otherwise conforms to the\nrequirements of this section and chapter may be licensed if each of its\nprincipal officers and each of its directors are not less than eighteen\nyears of age.\n 5. (a) A person who shall have had any license issued under this\nchapter revoked for cause, until the expiration of two years from the\ndate of such revocation.\n (b) A person not licensed under the provisions of this chapter, who\nhas been convicted of a violation of this chapter, until the expiration\nof two years from the date of such conviction.\n 6. A corporation or copartnership, if any officer and director or any\npartner, while not licensed under the provisions of this chapter, has\nbeen convicted of a violation of this chapter, or has had a license\nissued under this chapter revoked for cause, until the expiration of two\nyears from the date of such conviction or revocation.\n * 8. Notwithstanding any of the provisions of this section, the\nauthority is authorized to waive the citizenship requirements therein,\nprovided that the applicant otherwise conforms to the requirements of\nthis section, and the application is for a premises located in the area\nleased by the city of New York to the New York World's Fair 1964-1965\nCorporation pursuant to the provisions of chapter four hundred\ntwenty-eight of the laws of nineteen hundred sixty as amended by chapter\nnine hundred nine of the laws of nineteen hundred sixty-one, during the\nterm or duration of such lease.\n * NB Expired January 31, 1966\n