N.Y. Alcoholic Beverage Control Law § 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