§ 118. Revocation of licenses for cause. 1. Any license or permit\nissued pursuant to this chapter may be revoked, cancelled, suspended\nand/or subjected to the imposition of a civil penalty for cause, and\nmust be revoked for the following causes:\n (a) Conviction of the licensee, permittee or his agent or employee for\nselling any illegal alcoholic beverages on the premises licensed.\n (b) For transferring, assigning or hypothecating a license or permit.\n 2. Notwithstanding the issuance of a license or permit by way of\nrenewal, the liquor authority may revoke, cancel or suspend such license\nor permit and/or may impose a civil penalty against any holder of such\nlicense or permit, as prescribed by this section and section one hundred\nnineteen of this chapter, for causes or violations occurring during the\nlicense period immediately preceding the issuance of such license or\npermit, and may recover, as provided in section one hundred twelve of\nthis chapter, the penal sum of the bond on file during said period.\n 3. (a) As used in this section, the term "for cause" shall also\ninclude the existence of a sustained and continuing pattern of noise,\ndisturbance, misconduct, or disorder on or about the licensed premises,\nrelated to the operation of the premises or the conduct of its patrons,\nwhich adversely affects the health, welfare or safety of the inhabitants\nof the area in which such licensed premises are located.\n (b) (i) As used in this section, the term "for cause" shall also\ninclude, for licensees that sell alcoholic beverages for on premises\nconsumption, deliberately misleading the authority:\n (A) as to the nature and character of the business to be operated on\nthe licensed premises; or\n (B) by substantially altering the nature or character of such business\nat the licensed premises during the licensing period without seeking\nappropriate approvals from the authority.\n (ii) As used in this subdivision, the term "substantially altering the\nnature or character" of such business shall mean any significant\nalteration in the scope of business activities conducted at a licensed\npremises that would require obtaining an alternate form of license.\n 4. As used in this chapter, the existence of a sustained and\ncontinuing pattern of noise, disturbance, misconduct, or disorder on or\nabout the licensed premises, related to the operation of the premises or\nthe conduct of its patrons, will be presumed upon the sixth incident\nreported to the authority by a law enforcement agency of noise or\ndisturbance or misconduct or disorder on or about the licensed premises\nor related to the operation of the premises or the conduct of its\npatrons, in any sixty day period, absent clear and convincing evidence\nof either fraudulent intent on the part of any complainant or a factual\nerror with respect to the content of any report concerning such\ncomplaint relied upon by the authority.\n 5. Notwithstanding any other provision of this chapter to the\ncontrary, a suspension imposed under this section against the holder of\na license issued under section sixty-one-a of this chapter shall only\nsuspend the licensed activities related to the type of alcoholic\nbeverage involved in the violation resulting in the suspension.\n
N.Y. Alco. Bev. Cont. Law § 118
Revocation of licenses for cause
Showing this section's text as in effect on January 1, 2017 (in force January 1, 2017 – January 1, 2023). View current text →
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.