9 CRR-NY 53.1NY-CRR
9 CRR-NY 53.1
9 CRR-NY 53.1
53.1 Causes for revocation.
Any license or permit issued pursuant to the Alcoholic Beverage Control Law may be revoked, cancelled or suspended for the following causes:
(a) Violation by the licensee or permittee of any provision of the Alcoholic Beverage Control Law or of any rule or regulation of the Authority or of any rule or regulation of a local board pertaining to hours of sale.
(b) Fraud, misrepresentation, false material statement, concealment or suppression of facts by the licensee or permittee in connection with an application for a license or permit or for the renewal thereof, or in connection with an application for the removal of licensed premises, or an application for the alteration of licensed premises, or an application for the endorsement of a license or permit, or an application for the approval of a corporate change, or an application for the approval of the employment of a person disqualified under section 102 of the Alcoholic Beverage Control Law, or any application which requires action by the Authority or local board or the permission, authorization or approval of the Authority, or in any interview or hearing held by the Authority or a local board in relation to any such application. A licensee, permittee or applicant shall also violate this section if he fails to notify the Authority, in writing, by registered or certified mail, or by personal delivery to the Authority, within 48 hours, of any change of the facts stated in the application, or submitted in support thereof, which change occurs prior to the actual issuance of the license or permit by the Authority.
(c) That the licensee or permittee violated the provisions of section 101 of the Alcoholic Beverage Control Law or participated or was concerned in such violation.
(d) [Alcoholic Beverage Control Law, § 64-a.] Where any licensed premises ceases to be operated as a bona fide premises within the contemplation of the license issued for such premises, in the judgment of the Authority.
(e) For failure or default of a licensee or permittee to file a bond or a return as required by article 18 of the Tax Law or by the Tax Commission to pay an excise tax or any part thereof, and/or penalties imposed by or under the provisions of article 18 of the Tax Law, and for a violation of any rule or regulation of the State Tax Commission in pursuance thereof.
(f) Failure or refusal of the licensee or permittee to comply with any provision of the Alcoholic Beverage Control Law or any rule or regulation of the Authority; or failure or refusal by the licensee or permittee to furnish or disclose any information required by any provision of the Alcoholic Beverage Control Law or any rule or regulation of the Authority.
(g) Conviction of the licensee or permittee of a crime committed within the State of New York, which is a felony under the laws of this State, or of a crime committed in violation of the laws of the United States which is a felony under the laws of the United States or of a crime committed in another State which is a felony under the laws of such State and which if committed in the State of New York would constitute a felony, or any of the misdemeanors or crimes specified in sections 483, 483-b and 1146 of the former Penal Law as in force and effect immediately prior to September 1, 1967, or of any of the offenses specified in sections 130.55, 130.60, 130.65, 230.20, 230.40 and 260.10 of the Penal Law.
(h) Where any licensee or permittee engages or participates in or abets a violation of any of the provisions of the Alcoholic Beverage Control Law or of the rules of the State Liquor Authority.
(i) For selling or agreeing to sell alcoholic beverages to a wholesaler or retailer who is not licensed at the time of the agreement and sale.
(j) The failure to notify the Authority, in writing, within 48 hours, of any arrest, indictment, or service of a summons, or conviction, for any crime or offense of any kind, other than a traffic infraction, (including pleas of guilty or suspended sentence) whether within or without the State of New York, or within or without the United States, occurring between the date of the execution of the application for the license or permit, or the renewal thereof, and the date of issuance of such license or permit.
(k) The giving or offering of any money or article of value to any employee of the Liquor Authority or of any local board, or to any person representing himself to be an employee of the Liquor Authority or of any local board, either as a gratuity or for any service.
(l) Violation of, or failure of a licensee or permittee to comply with any condition, stipulation or agreement, upon which any license or permit was issued or renewed by the Authority or upon which any application for removal or alteration of a licensed premises, endorsement of a license or permit, corporate change, or permission, authorization or approval, was granted by the Authority.
(m) No person licensed to sell alcoholic beverages shall suffer or permit any gambling on the licensed premises.
(n) For improper conduct by the licensee or permittee, and if a corporation, by an officer, director or person directly or indirectly owning or controlling 10 percent or more of its stock, or an officer, director or person directly or indirectly owning or controlling 10 percent or more of the stock of any parent, affiliate or subsidiary of such licensed corporation, whether such conduct was on or off the licensed premises, and which conduct is of such nature that if known to the authority, the authority, in its discretion, could properly deny the issuance of a permit or license or any renewal thereof because of the unsatisfactory character and/or fitness of such person.
(o) For the refusal by any permittee or licensee, and if a corporation, by an officer or director thereof, to appear and/or testify under oath at an inquiry or hearing held by the authority, with respect to any matter bearing upon the conduct of the licensed business or bearing upon the character and fitness of such person to continue to hold a permit or license, or for the offering of false testimony under oath at such inquiry or hearing.
(p) No licensee shall use any trade name, assumed or abbreviated name, in connection with the licensed business unless the same appears on the licensed certificate issued by the authority, or unless the written permission of the authority is first obtained. The listing by a licensee of such name in the original or any renewal application shall not constitute permission. The use of any unauthorized name on the books, records, stationery, the canopy or exterior of the licensed premises, or for advertising purposes or telephone listing, is prohibited, unless permission is first obtained.
(q) When any noise, disturbance, misconduct, disorder, act or activity occurs in the licensed premises, or in the area in front of or adjacent to the licensed premises, or in any parking lot provided by the licensee for use by licensee's patrons, which, in the judgment of the authority, adversely affects or tends to affect the protection, health, welfare, safety or repose of the inhabitants of the area in which the licensed premises are located, or results in the licensed premises becoming a focal point for police attention or is offensive to public decency.
(r) For suffering or permitting on licensed premises (1) any lewd or indecent conduct, or (2) any person to appear unclothed or in such manner or attire as to expose to view any portion of the pubic hair, anus, vulva or genitals, or any simulation thereof.
(s) For suffering or permitting any female to appear on licensed premises in such manner or attire as to expose to view any portion of the breast below the top of the areola, or any simulation thereof. The provisions of this subdivision shall not apply to any female entertainer performing on a stage or platform which is at least 18 inches above the immediate floor level and which is removed at least six feet from the nearest patron.
(t) For suffering or permitting the keeping or maintaining on the licensed premises of any coin-operated video display game machine in which the outcome of play thereon depends in a material degree upon an element of chance, notwithstanding that some degree of skill may also be involved, and which is based directly or indirectly on games commonly associated with gambling activity, such as poker, blackjack, dice, casino gambling, horse racing or other similar activity, and which video game machine contains an operational feature allowing a player thereof to earn credits or points for the purpose of obtaining extension of play, free games or something of value. Such prohibited games shall include, but not be limited to, video games known as “Joker Poker,” “Hi-Lo Double-up Joker Poker,” “Player's Pick,” “Wild I,” “Draw Poker,” “Skill Top Draw Poker,” “Dwarf's Den,” “Castles,” “Roman Tallies,” “Bust My Balloon,” “Super Dominos,” and “Pixels.”
Policy of State and Purpose of Chapter, Alcoholic Beverage Control Law § 2.
Powers of the Authority, Alcoholic Beverage Control Law § 17.
Provisions Governing Licensees to See at Retail for Consumption Off Premises, Alcoholic Beverage Control Law § 105.
Licenses, Publication, General Provisions, Alcoholic Beverage Control Law § 114.
Revocation of Licenses for Cause, Alcoholic Beverage Control Law § 118.
RESEARCH REFERENCES AND PRACTICE AIDS:
3 NY Jur 2d, Alcoholic Beverages §§ 62, 63, 64, 96, 119.
75 NY Jur 2d, Lost and Destroyed Instruments and Records § 25.
84 NY Jur 2d, Pleadings § 254.
45 Am Jur 2d, Intoxicating Liquors §§ 187, 188, 276, 285, 286.
14A Am Jur Pl & Pr Forms (Rev ed), Intoxicating Liquors, Forms 61-84.
9 CRR-NY 53.1
Current through August 15, 2019
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