2023 New York Laws › ABC - Alcoholic Beverage Control › Article 8 - General Provisions › 119 - Procedure for Revocation or Cancellation.

§ 119. Procedure  for  revocation or cancellation.   1. Any license or
permit issued by the liquor authority pursuant to  chapter  one  hundred
eighty  of the laws of nineteen hundred thirty-three or this chapter may
be revoked, cancelled or suspended and/or be subjected to the imposition
of a monetary penalty in the manner prescribed by this section.
2. The liquor authority may on its own initiative or on  complaint  of
any person institute proceedings to revoke, cancel or suspend any retail
license  and  may  impose  a  civil penalty against the licensee after a
hearing at which the licensee shall be given an opportunity to be heard.
Such hearing shall be held in such manner and upon such notice as may be
prescribed by the rules of the liquor authority.
3. All other licenses or permits issued  under  this  chapter  may  be
revoked, cancelled, suspended and/or made subject to the imposition of a
civil  penalty by the liquor authority after a hearing to be held in the
manner to be determined by the rules of the liquor authority.
4. (a)  The provisions of this subdivision shall apply in all cases of
licensee or permittee failure after  receiving  appropriate  notice,  to
comply  with  a  summons, subpoena or warrant relating to a paternity or
child support proceeding and arrears in  payment  of  child  support  or
combined  child and spousal support referred to the authority by a court
pursuant to the requirements of section two hundred forty-four-c of  the
domestic relations law or pursuant to section four hundred fifty-eight-b
or five hundred forty-eight-b of the family court act.
(b)    Upon  receipt  of  an  order from the court based on arrears in
payment of child support or combined child and spousal support  pursuant
to  one  of  the foregoing provisions of law, the authority, if it finds
such person to have been issued a license or permit, shall within thirty
days of receipt of such order from the  court,  provide  notice  to  the
licensee or permittee of, and initiate, a hearing which shall be held at
least twenty days and no more than thirty days after the sending of such
notice  to  the licensee or permittee.  The hearing shall be solely held
for the purpose of determining whether there exists as of  the  date  of
the   hearing  proof  that  full  payment  of  all  arrears  of  support
established by the order of the court to be due  from  the  licensee  or
permittee  have  been paid.   Proof of such payment shall be a certified
check showing full payment of established arrears or a notice issued  by
the  court or the support collection unit, where the order is payable to
the  support  collection  unit  designated  by  the  appropriate  social
services  district.    Such  notice shall state that full payment of all
arrears of support established by the order of the court to be due  have
been paid.  The licensee or permittee shall be given full opportunity to
present  such  proof  of payment at the hearing in person or by counsel.
The only issue to be determined by the authority  as  a  result  of  the
hearing is whether the arrears have been paid.  No evidence with respect
to  the  appropriateness of the court order or ability of the respondent
party in arrears  to  comply  with  such  order  shall  be  received  or
considered by the authority.
(c)  Notwithstanding  any inconsistent provision of this article or of
any other provision of law to the contrary, such license or permit shall
be suspended if at the hearing, provided for by paragraph  (b)  of  this
subdivision, the licensee or permittee fails to present proof of payment
as  required  by such subdivision.   Such suspension shall not be lifted
unless the court or the support collection unit, where the  court  order
is  payable to the support collection unit designated by the appropriate
social services district, issues  notice  to  the  authority  that  full
payment  of all arrears of support established by the order of the court
to be due have been paid.
(d)  Upon receipt of an order from  the  court  based  on  failure  to
comply  with  a summons, subpoena, or warrant relating to a paternity or
child support proceeding, the authority, if it  finds  such  person  has
been  issued a license or permit, shall within thirty days of receipt of
such  order  from the court, provide notice to the licensee or permittee
that his or her license shall be suspended  in  sixty  days  unless  the
conditions in paragraph (e) of this subdivision are met.
(e)   Notwithstanding any inconsistent provision of this article or of
any other provision of law to the contrary, such license or permit shall
be suspended in accordance with the provisions of paragraph (c) of  this
subdivision unless the court terminates its order to commence suspension
proceedings.    Such  suspension  shall  not  be lifted unless the court
issues an order to the  authority  terminating  its  order  to  commence
suspension proceedings.
(f)  The  authority  shall  inform  the  court  of  all  actions taken
hereunder as required by law.
(g) This subdivision applies to support obligations paid  pursuant  to
any  order  of  child  support or child and spousal support issued under
provisions of article three-A or section two hundred thirty-six  or  two
hundred  forty  of  the domestic relations law, or article four, five or
five-A of the family court act.
(h) Notwithstanding any inconsistent provision of this article  or  of
any  other  provision  of  law  to  the contrary, the provisions of this
subdivision shall apply to the exclusion of any  other  requirements  of
this article and to the exclusion of any other requirement of law to the
contrary.
5.  Where  a  licensee is convicted of two or more qualifying offenses
within a five year period, the authority, upon receipt  of  notification
of  such  second  or subsequent conviction pursuant to the provisions of
subdivision two of section one hundred six-a of this article, shall,  in
addition  to  any  other  sanction  or civil or criminal penalty imposed
pursuant to this chapter, impose on such licensee a civil penalty not to
exceed five  hundred  dollars.  For  purposes  of  this  subdivision,  a
qualifying offense shall mean (a) the offense defined in subdivision one
of  section  sixty-five  of  this chapter; or (b) the offense defined in
paragraph (b)  of  subdivision  one  of  section  sixty-five-b  of  this
chapter. For purposes of this subdivision, a conviction of a licensee or
an  employee  or agent of such licensee shall constitute a conviction of
such licensee.