NY Alcoh Bev Ctrl L § 127 (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 8 - General Provisions 127 - Surrender and Cancellation of Licenses; Payment of Refunds; Notice to Police Officials.

§ 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.