§ 127 — Surrender and cancellation of licenses; payment of refunds; notice to police officials

New York § 127

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

Text

§ 127. Surrender and cancellation of licenses; payment of refunds;\nnotice to police officials. 1. If a person holding a license to traffic\nin alcoholic beverages under the provisions of this chapter, against\nwhom no complaint, prosecution or action is pending on account of any\nviolation thereof, shall voluntarily, and before arrest or indictment\nfor a violation of this chapter, cease to traffic in alcoholic beverages\nduring the term for which the license fee is paid, such person may\nsurrender such license to the liquor authority for cancellation and\nrefund, provided that such license shall have at least one month to run\nat the time of such surrender. Such refund shall be computed for full\nmonths less thirty dollars, commencing with the first day of the month\nsucceeding the one in which such license is surrendered, unless such\nsurrender be on the first day of the month; and at the same time such\nperson shall present to the liquor authority a verified petition setting\nforth all facts required to be shown by the liquor authority upon such\nsurrender. The liquor authority shall thereupon compute the amount of\nrefund then due on said license for the unexpired term thereof, and\nshall execute a receipt therefor showing the name of the person to whom\nsuch license was issued, the number thereof, date when issued, amount of\nlicense fee paid therefor, and the date when surrendered for\ncancellation, together with the amount of refund due thereon at such\ndate as computed by it, and the name of the person entitled to receive\nthe refund. Such receipt shall be delivered by the liquor authority to\nthe person entitled thereto. If within thirty days from the date of such\nsurrender and application, the person surrendering such certificate\nshall be arrested or indicted for a violation of this chapter, or\nproceedings shall be instituted for the cancellation of such\ncertificate, or an action shall be commenced against him for penalties,\nsuch petition shall not be granted until the final determination of such\nproceedings or actions; and if the said petitioner be convicted, or said\naction or proceedings be determined against him, the authority may\ndirect that any refund due thereunder be forfeited or may impose such\nother penalty or conditions it may deem appropriate in the circumstances\nbut if such petitioner be acquitted, or such proceedings or action\nagainst him be dismissed on the merits or, if within such time, no such\naction or proceeding shall be brought against such person, then the\nliquor authority shall prepare an order for the payment of such refund,\ndirected to the comptroller, to be paid him, on his audit, upon the\nsurrender of the receipt theretofore given such person; provided,\nhowever, that if any taxes or penalties imposed by article eighteen of\nthe tax law or if any civil penalties imposed under this chapter are\nunpaid by such person, the amount of such taxes, penalties or civil\npenalties shall be deducted from the amount of such refund. Any refunds\ndue on the surrender and cancellation of licenses pursuant to this\nsection shall be paid by the comptroller from moneys in his custody,\nderived from license fees received pursuant to this chapter.\n 2. It shall be the duty of the liquor authority, upon the receipt of a\nlicense surrendered for cancellation and refund pursuant to this\nsection, to immediately serve a written or printed notice upon the\ncommissioner of police, chief of police, or chief police officer of the\ncity, borough or village in which the place for which the surrendered\nlicense was issued is situated, or upon the sheriff of the county and a\nconstable of the town, in case the license was issued for a place\nsituated in a town and not within any city, borough or village, which\nnotice shall include a statement of the number of the surrendered\nlicense, the name and place of residence of the holder of the license at\nthe time of surrender, the location of the place for which the license\nwas issued and was held at the time of surrender by street and number,\nif any, otherwise such apt description as will definitely locate the\npremises; the fact that such license has been surrendered; that the\ntraffic in alcoholic beverages at said premises by any one is not\nauthorized until a new license has been obtained therefor; and the date\nwhen such license was surrendered for cancellation. Such notice may be\nserved by registered or certified mail, by inclosing the same in a\npost-paid sealed envelope, duly addressed to such officer.\n