N.Y. Alcoholic Beverage Control Law § 128: Certain officials not to be interested in manufacture or sale of alcoholic beverages

§ 128. Certain officials not to be interested in manufacture or sale

of alcoholic beverages. 1. Except as otherwise provided in section one

hundred twenty-eight-a and section one hundred twenty-eight-b of this

article, it shall be unlawful for any police commissioner, police

inspector, captain, sergeant, roundsman, patrolman or other police

official or subordinate of any police department in the state, to be

either directly or indirectly interested in the manufacture or sale of

alcoholic beverages or to offer for sale, or recommend to any licensee

any alcoholic beverages. A person may not be denied any license granted

under the provisions of sections fifty-four, fifty-five, fifty-nine,

sixty-three, sixty-four, seventy-nine, eighty-one, or article seven of

this chapter solely on the grounds of being the spouse of a public

servant described in this subdivision. The solicitation or

recommendation made to any licensee, to purchase any alcoholic beverages

by any police official or subordinate as hereinabove described, shall be

presumptive evidence of the interest of such official or subordinate in

the manufacture or sale of alcoholic beverages.

2. No elective village officer shall be subject to the limitations set

forth in subdivision one of this section unless such elective village

officer shall be assigned duties directly relating to the operation or

management of the police department.