2023 New York Laws › ABC - Alcoholic Beverage Control › Article 8 - General Provisions › 118 - Revocation of Licenses for Cause.

§  118.  Revocation  of  licenses  for cause. 1. Any license or permit
issued pursuant to this chapter may  be  revoked,  cancelled,  suspended
and/or  subjected  to  the  imposition of a civil penalty for cause, and
must be revoked for the following causes:
(a) Conviction of the licensee, permittee or his agent or employee for
selling any illegal alcoholic beverages on the premises licensed.
(b) For transferring, assigning or hypothecating a license or permit.
2. Notwithstanding the issuance of a  license  or  permit  by  way  of
renewal, the liquor authority may revoke, cancel or suspend such license
or  permit  and/or may impose a civil penalty against any holder of such
license or permit, as prescribed by this section and section one hundred
nineteen of this chapter, for causes or violations occurring during  the
license  period  immediately  preceding  the issuance of such license or
permit, and may recover, as provided in section one  hundred  twelve  of
this chapter, the penal sum of the bond on file during said period.
3.  (a)  As  used  in  this  section,  the term "for cause" shall also
include the existence of a sustained and continuing  pattern  of  noise,
disturbance,  misconduct, or disorder on or about the licensed premises,
related to the operation of the premises or the conduct of its  patrons,
which adversely affects the health, welfare or safety of the inhabitants
of the area in which such licensed premises are located.
(b)  (i)  As  used  in  this  section, the term "for cause" shall also
include, for licensees that sell alcoholic  beverages  for  on  premises
consumption, deliberately misleading the authority:
(A)  as  to the nature and character of the business to be operated on
the licensed premises; or
(B) by substantially altering the nature or character of such business
at the licensed premises during the  licensing  period  without  seeking
appropriate approvals from the authority.
(ii) As used in this subdivision, the term "substantially altering the
nature  or  character"  of  such  business  shall  mean  any significant
alteration in the scope of business activities conducted at  a  licensed
premises that would require obtaining an alternate form of license.
(c) As used in this section, the term "for cause" shall also include a
licensee's  or permittee's failure to cure a violation of law or rule in
the time period prescribed by the authority pursuant to subdivision  six
of this section.
4.  As  used  in  this  chapter,  the  existence  of  a  sustained and
continuing pattern of noise, disturbance, misconduct, or disorder on  or
about the licensed premises, related to the operation of the premises or
the  conduct  of  its  patrons, will be presumed upon the sixth incident
reported to the authority by  a  law  enforcement  agency  of  noise  or
disturbance  or misconduct or disorder on or about the licensed premises
or related to the operation of  the  premises  or  the  conduct  of  its
patrons,  in  any sixty day period, absent clear and convincing evidence
of either fraudulent intent on the part of any complainant or a  factual
error  with  respect  to  the  content  of  any  report  concerning such
complaint relied upon by the authority.
5.  Notwithstanding  any  other  provision  of  this  chapter  to  the
contrary,  a suspension imposed under this section against the holder of
a license issued under section sixty-one-a of this  chapter  shall  only
suspend  the  licensed  activities  related  to  the  type  of alcoholic
beverage involved in the violation resulting in the suspension.
6. (a) Notwithstanding any other provision of this chapter, in lieu of
commencement  of  a  disciplinary  proceeding  against  a  licensee   or
permittee,  for  a  first-time  violation  of either a provision of this
chapter or a rule of the authority that is deemed by the authority under
its discretion to be de minimis under the circumstances, and is  related

to  (i)  an  administrative  process,  or  (ii)  paperwork  requested or
received by the authority, or (iii) acts or omissions of the licensee or
permittee,  the  authority  shall  provide  a  cure  period   or   other
opportunity for ameliorative action if the violation can be corrected.
(b)  Upon  such  first-time violation, the authority shall (i) provide
the licensee with a copy of the applicable law or  rule  and  any  other
helpful  guidance  or  information  explaining  such law or rule, to the
extent such materials exist, or (ii) to the extent practicable,  provide
such licensee assistance with compliance with the law or the authority's
rules.
(c)   The  authority  shall  have  the  discretion  to  determine  the
appropriate period of time to allow such licensee to cure or  take  such
other  ameliorative  action  to  address  such violation, which shall be
reasonable but shall not be less than fifteen business days and not more
than twenty business days, unless a longer period is allowed pursuant to
law or regulation.
(d) No waiver of penalties or cure period  or  other  opportunity  for
ameliorative  action  may be given if the authority determines that such
violation  may  result  in  serious  actual  harm,  or  may  present  an
endangerment  to  public  safety,  human health or the environment, is a
violation of human or civil rights law,  results  in  loss  of  employee
wages  or  benefits,  interferes  with any remedy, review, or resolution
related to harassment or discrimination claims,  was  or  is  a  willful
violation,  involves tax fraud, violates requirements related to federal
funding to the state,  relates  to  state  funding  or  procurement,  is
similar  to  prior  violations,  is  a penal law violation, relates to a
material or substantive portion of the licensee's  business,  or  is  in
contravention  of  the  public  interest  and/or policy reflected by the
authority's mission.