2023 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.