NY Alcoh Bev Ctrl L § 123 (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 8 - General Provisions 123 - Injunction for Unlawful Manufacturing, Sale or Consumption of Liquor, Wine or Beer.

§ 123. Injunction  for  unlawful manufacturing, sale or consumption of liquor, wine or beer. 1. (a) If any person shall engage  or  participate or  be  about  to  engage or participate in the manufacturing or sale of liquor, wine or beer in this state  without  obtaining  the  appropriate license  therefor,  or shall traffic in liquor, wine or beer contrary to any provision of this chapter, or otherwise unlawfully, or shall traffic in illegal liquor, wine or beer, or, operating a  place  for  profit  or pecuniary  gain,  with  a  capacity for the assemblage of twenty or more persons, shall permit a person or persons  to  come  to  such  place  of assembly for the purpose of consuming alcoholic beverages without having the  appropriate  license  therefor  pursuant to section sixty-four-b of this chapter, the liquor authority or any taxpayer residing in the city, village or town in which such activity is or is about to be  engaged  or participated in or such traffic is being conducted, or the city, town or village,  may  present  a verified petition or complaint to a justice of the supreme court at a special term of the supreme court of the judicial district in which such city, village or town is situated, for  an  order enjoining such person engaging or participating in such activity or from carrying  on  such business.  Such petition or complaint shall state the facts upon which such application is based. Upon the presentation of the petition or complaint,  the  justice  or  court  shall  grant  an  order requiring  such  person  to  appear  before  such justice or court at or before a special term of the supreme court in such judicial district  on the  day  specified  therein,  not more than ten days after the granting thereof, to show  cause  why  such  person  should  not  be  permanently enjoined  from  engaging  or  participating  in  such  activity  or from carrying on such business, or why such person  should  not  be  enjoined from  carrying  on  such  business  contrary  to  the provisions of this chapter. A copy of such petition or complaint and order shall be  served upon  the  person,  in  the manner directed by such order, not less than three days before the return day thereof.  On the day specified in  such order,  the  justice  or  court before whom the same is returnable shall hear the proofs of the parties and may, if deemed necessary  or  proper, take  testimony  in  relation  to  the  allegations  of  the petition or complaint. If the justice or court is  satisfied  that  such  person  is about  to  engage  or  participate  in the unlawful traffic in alcoholic beverages or has unlawfully manufactured or sold liquor,  wine  or  beer without  having obtained a license or contrary to the provisions of this chapter, or has trafficked in illegal  liquor,  wine  or  beer,  or,  is operating  or  is  about  to  operate such place for profit or pecuniary gain, with such capacity, and has permitted or  is  about  to  permit  a person  or  persons to come to such place of assembly for the purpose of consuming alcoholic beverages without having such  appropriate  license, an order shall be granted enjoining such person from thereafter engaging or  participating in or carrying on such activity or business. If, after the entry of such an order in the county clerk's office of the county in which  the  principal  place  of  business   of   the   corporation   or copartnership is located, or in which the individual so enjoined resides or  conducts  such business, and the service of a copy thereof upon such person, or such substituted  service  as  the  court  may  direct,  such person,  copartnership or corporation shall, in violation of such order, manufacture or sell liquor, wine or beer, or illegal  liquor,  wine,  or beer,  or  permit  a person or persons to come to such place of assembly for the purpose of consuming alcoholic beverages, such activity shall be deemed a contempt of court and be punishable in the manner  provided  by the  judiciary law, and, in addition to any such punishment, the justice or court before whom or which the petition or complaint is  heard,  may, in  his  or  its  discretion,  order  the  seizure and forfeiture of any  liquor, wine or beer and any fixtures, equipment and  supplies  used  in the  operation or promotion of such illegal activity, including any bar, bar or refrigeration equipment, vending machines,  gaming  machines  and jukeboxes,  and such property shall be subject to forfeiture pursuant to the provisions of subdivision two of  this  section.    Costs  upon  the application  for  such injunction may be awarded in favor of and against the parties thereto in such sums as in the discretion of the justice  or court  before  whom or which the petition or complaint is heard may seem proper.  (b) The owner, lessor and lessee of  a  building,  erection  or  place where alcoholic beverages are unlawfully manufactured, sold, consumed or permitted  to  be  unlawfully manufactured, sold or consumed may be made respondents or defendants in the proceeding or action.   2. (a) This seized property shall be delivered by the  peace  officer, acting  pursuant to his special duties or police officer having made the seizure to the custody of the authority or the district attorney of  the county  wherein  the  seizure  was made as may be directed by the court, except that in the cities of New York and Buffalo, the  seized  property shall  be  delivered  to  the  custody of the authority or of the police department of such cities, together with a report of all the  facts  and circumstances of the seizure.  (b)  It  shall  be the duty of the authority or such district attorney or, if the seizure was made in the cities of New York or Buffalo, of the authority or corporation counsel of such city, as the case  may  be,  to inquire  into  the  facts  of  the seizure so reported and if it appears probable that a forfeiture has been incurred, for the  determination  of which  the institution of proceedings in the supreme court is necessary, to cause the proper proceedings to be commenced and prosecuted,  at  any time  after  thirty  days  from  the  date  of  seizure, to declare such forfeiture, unless, upon inquiry and examination the authority  or  such person,  as  the  case  may  be,  decides  that such proceedings can not probably be sustained or that the ends of public justice do not  require that  they  should  be  instituted  or  prosecuted,  in  which case, the authority or such person shall cause such seized property to be returned to the owner thereof.  (c) Notice of the institution of the forfeiture  proceeding  shall  be served  either  (i)  personally  on the owners of the seized property or (ii) by registered mail  to  the  owners'  last  known  address  and  by publication  of  the  notice  once  a week for two successive weeks in a newspaper published or circulated in the county wherein the seizure  was made.  (d)  Forfeiture  shall not be adjudged where the owners established by preponderance of the evidence that (i) the use of such  seized  property was  not  intentional  on  the  part  of  any owner, or (ii) said seized property was used by any person other than an owner thereof, while  such seized  property  was  unlawfully  in  the  possession  of  a person who acquired possession thereof in violation of the  criminal  laws  of  the United States, or of any state.  (e)  The  authority  or  such  person  having  custody  of  the seized property, after such judicial determination of forfeiture, shall,  by  a public  notice  of  at  least five days, sell such forfeited property at public sale. The net proceeds of any such sale, after deduction  of  the lawful  expenses  incurred,  shall  be paid into the general fund of the county wherein the seizure was made except that the net proceeds of  the sale  of  property seized in the cities of New York and Buffalo shall be paid into the respective general funds of such cities.  (f) Whenever any person interested in any property which is seized and declared forfeited under the provisions of this  section  files  with  a  justice  of  the  supreme  court  a  petition  for  the recovery of such forfeited property, the justice of the supreme court  may  restore  said forfeited property upon such terms and conditions as he deems reasonable and  just,  if  the  petitioner  establishes  either  of the affirmative defenses set forth in paragraph (d) of subdivision two of  this  section and  that the petitioner was without personal or actual knowledge of the forfeiture proceeding. If the petition be filed after the  sale  of  the forfeited  property,  any  judgment  in favor of the petitioner shall be limited to the net proceeds of such sale, after deduction of the  lawful expenses and costs incurred by the seizing party.  (g) No suit or action under this section for wrongful seizure shall be instituted  unless  such  suit  or  action is commenced within two years after the time when the property was seized.