NY Alcoh Bev Ctrl L § 126 (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 8 - General Provisions 126 - Persons Forbidden to Traffic in Alcoholic Beverages.

§ 126. Persons  forbidden  to  traffic  in  alcoholic beverages.   The following are forbidden to traffic in alcoholic beverages:   1. Except as provided in subdivision one-a of this section,  a  person who  has been convicted of a felony or any of the misdemeanors mentioned in section eleven hundred forty-six of the former penal law as in  force and  effect  immediately  prior  to  September  first,  nineteen hundred sixty-seven, or of an offense defined in section 230.20 or 230.40 of the penal law, unless subsequent to such conviction such person  shall  have received  an  executive  pardon  therefor  removing  this  disability, a certificate of good conduct granted by the department of corrections and community supervision, or a  certificate  of  relief  from  disabilities granted  by the department of corrections and community supervision or a court of this state pursuant to the provisions of  article  twenty-three of  the  correction  law  to  remove  the  disability under this section because of such conviction.   1-a. Notwithstanding the provision of subdivision one of this section, a corporation holding a license to traffic in alcoholic beverages  shall not,  upon conviction of a felony or any of the misdemeanors or offenses described in subdivision one of this section, be automatically forbidden to traffic in alcoholic beverages, but the application for a license  by such a corporation shall be subject to denial, and the license of such a corporation  shall  be  subject  to  revocation  or  suspension  by  the authority pursuant to section one  hundred  eighteen  of  this  chapter, consistent   with  the  provisions  of  article  twenty-three-A  of  the correction law. For any felony conviction by a court other than a  court of  this  state, the authority may request the department of corrections and community supervision  to  investigate  and  review  the  facts  and circumstances  concerning  such a conviction, and such department shall, if so requested, submit its findings to the authority as to whether  the corporation  has  conducted  itself  in a manner such that discretionary review by the authority  would  not  be  inconsistent  with  the  public interest.  The  department  of corrections and community supervision may charge the licensee or applicant a fee equivalent to the expenses of  an appropriate  investigation  under  this  subdivision. For any conviction rendered by a court  of  this  state,  the  authority  may  request  the corporation,  if the corporation is eligible for a certificate of relief from disabilities, to seek such  a  certificate  from  the  court  which rendered  the conviction and to submit such a certificate as part of the authority's discretionary review process.   2. A person under the age of twenty-one years.   3. A person who is not a citizen of the  United  States  or  an  alien lawfully admitted for permanent residence in the United States.   4.  A  copartnership  or  a  corporation,  unless  each  member of the partnership, or each of the principal  officers  and  directors  of  the corporation,  is  a  citizen  of  the United States or an alien lawfully admitted for permanent residence in the United  States,  not  less  than twenty-one years of age, and has not been convicted of any felony or any of  the  misdemeanors,  specified in section eleven hundred forty-six of the former penal law  as  in  force  and  effect  immediately  prior  to September  first, nineteen hundred sixty-seven, or of an offense defined in section 230.20 or 230.40 of the penal law, or  if  so  convicted  has received,  subsequent  to  such conviction, an executive pardon therefor removing this disability a certificate of good conduct  granted  by  the department of corrections and community supervision, or a certificate of relief  from  disabilities  granted by the department of corrections and community  supervision  or  a  court  of  this  state  pursuant  to  the provisions  of  article twenty-three of the correction law to remove the disability under this  section  because  of  such  conviction;  provided  however  that a corporation which otherwise conforms to the requirements of this section and chapter may be licensed if  each  of  its  principal officers  and  more  than  one-half of its directors are citizens of the United States or aliens lawfully admitted for permanent residence in the United  States;  and provided further that a corporation organized under the not-for-profit corporation law or the education law which  otherwise conforms to the requirements of this section and chapter may be licensed if  each  of  its  principal  officers  and  more  than  one-half of its directors are not less than twenty-one years of  age  and  none  of  its directors are less than eighteen years of age; and provided further that a  corporation organized under the not-for-profit corporation law or the education law and located on the premises of a  college  as  defined  by section  two  of  the  education  law  which  otherwise  conforms to the requirements of this section and chapter may be licensed if each of  its principal  officers and each of its directors are not less than eighteen years of age.   5. (a) A person who shall have  had  any  license  issued  under  this chapter  revoked  for  cause, until the expiration of two years from the date of such revocation.  (b) A person not licensed under the provisions of  this  chapter,  who has  been convicted of a violation of this chapter, until the expiration of two years from the date of such conviction.   6. A corporation or copartnership, if any officer and director or  any partner,  while  not  licensed under the provisions of this chapter, has been convicted of a violation of this chapter,  or  has  had  a  license issued under this chapter revoked for cause, until the expiration of two years from the date of such conviction or revocation.   * 8.  Notwithstanding  any  of  the  provisions  of  this section, the authority is authorized to waive the citizenship  requirements  therein, provided  that  the  applicant otherwise conforms to the requirements of this section, and the application is for a premises located in the  area leased  by  the  city of New York to the New York World's Fair 1964-1965 Corporation  pursuant  to  the  provisions  of  chapter   four   hundred twenty-eight of the laws of nineteen hundred sixty as amended by chapter nine  hundred nine of the laws of nineteen hundred sixty-one, during the term or duration of such lease.   * NB Expired January 31, 1966