2023 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 a  noncitizen
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 a noncitizen 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 noncitizens 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