N.Y. Alcoholic Beverage Control Law § 127: Surrender and cancellation of licenses; payment of refunds; notice to police officials

§ 127. Surrender and cancellation of licenses; payment of refunds;

notice to police officials. 1. If a person holding a license to traffic

in alcoholic beverages under the provisions of this chapter, against

whom no complaint, prosecution or action is pending on account of any

violation thereof, shall voluntarily, and before arrest or indictment

for a violation of this chapter, cease to traffic in alcoholic beverages

during the term for which the license fee is paid, such person may

surrender such license to the liquor authority for cancellation and

refund, provided that such license shall have at least one month to run

at the time of such surrender. Such refund shall be computed for full

months less thirty dollars, commencing with the first day of the month

succeeding the one in which such license is surrendered, unless such

surrender be on the first day of the month; and at the same time such

person shall present to the liquor authority a verified petition setting

forth all facts required to be shown by the liquor authority upon such

surrender. The liquor authority shall thereupon compute the amount of

refund then due on said license for the unexpired term thereof, and

shall execute a receipt therefor showing the name of the person to whom

such license was issued, the number thereof, date when issued, amount of

license fee paid therefor, and the date when surrendered for

cancellation, together with the amount of refund due thereon at such

date as computed by it, and the name of the person entitled to receive

the refund. Such receipt shall be delivered by the liquor authority to

the person entitled thereto. If within thirty days from the date of such

surrender and application, the person surrendering such certificate

shall be arrested or indicted for a violation of this chapter, or

proceedings shall be instituted for the cancellation of such

certificate, or an action shall be commenced against him for penalties,

such petition shall not be granted until the final determination of such

proceedings or actions; and if the said petitioner be convicted, or said

action or proceedings be determined against him, the authority may

direct that any refund due thereunder be forfeited or may impose such

other penalty or conditions it may deem appropriate in the circumstances

but if such petitioner be acquitted, or such proceedings or action

against him be dismissed on the merits or, if within such time, no such

action or proceeding shall be brought against such person, then the

liquor authority shall prepare an order for the payment of such refund,

directed to the comptroller, to be paid him, on his audit, upon the

surrender of the receipt theretofore given such person; provided,

however, that if any taxes or penalties imposed by article eighteen of

the tax law or if any civil penalties imposed under this chapter are

unpaid by such person, the amount of such taxes, penalties or civil

penalties shall be deducted from the amount of such refund. Any refunds

due on the surrender and cancellation of licenses pursuant to this

section shall be paid by the comptroller from moneys in his custody,

derived from license fees received pursuant to this chapter.

2. It shall be the duty of the liquor authority, upon the receipt of a

license surrendered for cancellation and refund pursuant to this

section, to immediately serve a written or printed notice upon the

commissioner of police, chief of police, or chief police officer of the

city, borough or village in which the place for which the surrendered

license was issued is situated, or upon the sheriff of the county and a

constable of the town, in case the license was issued for a place

situated in a town and not within any city, borough or village, which

notice shall include a statement of the number of the surrendered

license, the name and place of residence of the holder of the license at

the time of surrender, the location of the place for which the license

was issued and was held at the time of surrender by street and number,

if any, otherwise such apt description as will definitely locate the

premises; the fact that such license has been surrendered; that the

traffic in alcoholic beverages at said premises by any one is not

authorized until a new license has been obtained therefor; and the date

when such license was surrendered for cancellation. Such notice may be

served by registered or certified mail, by inclosing the same in a

post-paid sealed envelope, duly addressed to such officer.