N.Y. Alcoholic Beverage Control Law § 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.