New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 53 - Causes For Revocation › Section 53.1 - Causes for revocation

Current through Register Vol. 46, No. 28, July 10, 2024
Any license or permit issued pursuant to the Alcoholic
						Beverage Control Law may be revoked, cancelled or suspended for the following
						causes:
(a) Violation by the licensee
					 or permittee of any provision of the Alcoholic Beverage Control Law or of any
					 rule or regulation of the Authority or of any rule or regulation of a local
					 board pertaining to hours of sale.
(b) Fraud, misrepresentation, false material
					 statement, concealment or suppression of facts by the licensee or permittee in
					 connection with an application for a license or permit or for the renewal
					 thereof, or in connection with an application for the removal of licensed
					 premises, or an application for the alteration of licensed premises, or an
					 application for the endorsement of a license or permit, or an application for
					 the approval of a corporate change, or an application for the approval of the
					 employment of a person disqualified under section 102  of the Alcoholic Beverage
					 Control Law, or any application which requires action by the Authority or local
					 board or the permission, authorization or approval of the Authority, or in any
					 interview or hearing held by the Authority or a local board in relation to any
					 such application. A licensee, permittee or applicant shall also violate this
					 section if he fails to notify the Authority, in writing, by registered or
					 certified mail, or by personal delivery to the Authority, within 48 hours, of
					 any change of the facts stated in the application, or submitted in support
					 thereof, which change occurs prior to the actual issuance of the license or
					 permit by the Authority.
(c) That
					 the licensee or permittee violated the provisions of section 101  of the
					 Alcoholic Beverage Control Law or participated or was concerned in such
					 violation.
(d) [Alcoholic Beverage
					 Control Law, §64-a.] Where any licensed premises ceases to be operated as
					 a bona fide premises within the contemplation of the license issued for such
					 premises, in the judgment of the Authority.
(e) For failure or default of a licensee or
					 permittee to file a bond or a return as required by article 18 of the Tax Law
					 or by the Tax Commission to pay an excise tax or any part thereof, and/or
					 penalties imposed by or under the provisions of article 18 of the Tax Law, and
					 for a violation of any rule or regulation of the State Tax Commission in
					 pursuance thereof.
(f) Failure or
					 refusal of the licensee or permittee to comply with any provision of the
					 Alcoholic Beverage Control Law or any rule or regulation of the Authority; or
					 failure or refusal by the licensee or permittee to furnish or disclose any
					 information required by any provision of the Alcoholic Beverage Control Law or
					 any rule or regulation of the Authority.
(g) Conviction of the licensee or permittee
					 of a crime committed within the State of New York, which is a felony under the
					 laws of this State, or of a crime committed in violation of the laws of the
					 United States which is a felony under the laws of the United States or of a
					 crime committed in another State which is a felony under the laws of such State
					 and which if committed in the State of New York would constitute a felony, or
					 any of the misdemeanors or crimes specified in sections 483, 483-b and 1146 of
					 the former Penal Law as in force and effect immediately prior to September 1,
					 1967, or of any of the offenses specified in sections 130.55, 130.60, 130.65, 230.20, 230.40 and 260.10  of the Penal Law.
(h) Where any licensee or permittee engages
					 or participates in or abets a violation of any of the provisions of the
					 Alcoholic Beverage Control Law or of the rules of the State Liquor
					 Authority.
(i) For selling or
					 agreeing to sell alcoholic beverages to a wholesaler or retailer who is not
					 licensed at the time of the agreement and sale.
(j) The failure to notify the Authority, in
					 writing, within 48 hours, of any arrest, indictment, or service of a summons,
					 or conviction, for any crime or offense of any kind, other than a traffic
					 infraction, (including pleas of guilty or suspended sentence) whether within or
					 without the State of New York, or within or without the United States,
					 occurring between the date of the execution of the application for the license
					 or permit, or the renewal thereof, and the date of issuance of such license or
					 permit.
(k) The giving or offering
					 of any money or article of value to any employee of the Liquor Authority or of
					 any local board, or to any person representing himself to be an employee of the
					 Liquor Authority or of any local board, either as a gratuity or for any
					 service.
(l) Violation of, or
					 failure of a licensee or permittee to comply with any condition, stipulation or
					 agreement, upon which any license or permit was issued or renewed by the
					 Authority or upon which any application for removal or alteration of a licensed
					 premises, endorsement of a license or permit, corporate change, or permission,
					 authorization or approval, was granted by the Authority.
(m) No person licensed to sell alcoholic
					 beverages shall suffer or permit any gambling on the licensed
					 premises.
(n) For improper conduct
					 by the licensee or permittee, and if a corporation, by an officer, director or
					 person directly or indirectly owning or controlling 10 percent or more of its
					 stock, or an officer, director or person directly or indirectly owning or
					 controlling 10 percent or more of the stock of any parent, affiliate or
					 subsidiary of such licensed corporation, whether such conduct was on or off the
					 licensed premises, and which conduct is of such nature that if known to the
					 authority, the authority, in its discretion, could properly deny the issuance
					 of a permit or license or any renewal thereof because of the unsatisfactory
					 character and/or fitness of such person.
(o) For the refusal by any permittee or
					 licensee, and if a corporation, by an officer or director thereof, to appear
					 and/or testify under oath at an inquiry or hearing held by the authority, with
					 respect to any matter bearing upon the conduct of the licensed business or
					 bearing upon the character and fitness of such person to continue to hold a
					 permit or license, or for the offering of false testimony under oath at such
					 inquiry or hearing.
(p) No licensee
					 shall use any trade name, assumed or abbreviated name, in connection with the
					 licensed business unless the same appears on the licensed certificate issued by
					 the authority, or unless the written permission of the authority is first
					 obtained. The listing by a licensee of such name in the original or any renewal
					 application shall not constitute permission. The use of any unauthorized name
					 on the books, records, stationery, the canopy or exterior of the licensed
					 premises, or for advertising purposes or telephone listing, is prohibited,
					 unless permission is first obtained.
(q) When any noise, disturbance, misconduct,
					 disorder, act or activity occurs in the licensed premises, or in the area in
					 front of or adjacent to the licensed premises, or in any parking lot provided
					 by the licensee for use by licensee's patrons, which, in the judgment of the
					 authority, adversely affects or tends to affect the protection, health,
					 welfare, safety or repose of the inhabitants of the area in which the licensed
					 premises are located, or results in the licensed premises becoming a focal
					 point for police attention or is offensive to public decency.
(r) For suffering or permitting on licensed
					 premises (1) any lewd or indecent conduct, or (2) any person to appear
					 unclothed or in such manner or attire as to expose to view any portion of the
					 pubic hair, anus, vulva or genitals, or any simulation thereof.
(s) For suffering or permitting any female to
					 appear on licensed premises in such manner or attire as to expose to view any
					 portion of the breast below the top of the areola, or any simulation thereof.
					 The provisions of this subdivision shall not apply to any female entertainer
					 performing on a stage or platform which is at least 18 inches above the
					 immediate floor level and which is removed at least six feet from the nearest
					 patron.
(t) For suffering or
					 permitting the keeping or maintaining on the licensed premises of any
					 coin-operated video display game machine in which the outcome of play thereon
					 depends in a material degree upon an element of chance, notwithstanding that
					 some degree of skill may also be involved, and which is based directly or
					 indirectly on games commonly associated with gambling activity, such as poker,
					 blackjack, dice, casino gambling, horse racing or other similar activity, and
					 which video game machine contains an operational feature allowing a player
					 thereof to earn credits or points for the purpose of obtaining extension of
					 play, free games or something of value. Such prohibited games shall include,
					 but not be limited to, video games known as "Joker Poker," "Hi-Lo Double-up
					 Joker Poker," "Player's Pick," "Wild I," "Draw Poker," "Skill Top Draw Poker,"
					 "Dwarf's Den," "Castles," "Roman Tallies," "Bust My Balloon," "Super Dominos,"
					 and "Pixels."