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This entry was published on 2014-09-22
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SECTION 119
Procedure for revocation or cancellation
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 8
§ 119. Procedure for revocation or cancellation. 1. Any license or
permit issued by the liquor authority pursuant to chapter one hundred
eighty of the laws of nineteen hundred thirty-three or this chapter may
be revoked, cancelled or suspended and/or be subjected to the imposition
of a monetary penalty in the manner prescribed by this section.

2. The liquor authority may on its own initiative or on complaint of
any person institute proceedings to revoke, cancel or suspend any retail
license and may impose a civil penalty against the licensee after a
hearing at which the licensee shall be given an opportunity to be heard.
Such hearing shall be held in such manner and upon such notice as may be
prescribed by the rules of the liquor authority.

3. All other licenses or permits issued under this chapter may be
revoked, cancelled, suspended and/or made subject to the imposition of a
civil penalty by the liquor authority after a hearing to be held in the
manner to be determined by the rules of the liquor authority.

4. (a) The provisions of this subdivision shall apply in all cases of
licensee or permittee failure after receiving appropriate notice, to
comply with a summons, subpoena or warrant relating to a paternity or
child support proceeding and arrears in payment of child support or
combined child and spousal support referred to the authority by a court
pursuant to the requirements of section two hundred forty-four-c of the
domestic relations law or pursuant to section four hundred fifty-eight-b
or five hundred forty-eight-b of the family court act.

(b) Upon receipt of an order from the court based on arrears in
payment of child support or combined child and spousal support pursuant
to one of the foregoing provisions of law, the authority, if it finds
such person to have been issued a license or permit, shall within thirty
days of receipt of such order from the court, provide notice to the
licensee or permittee of, and initiate, a hearing which shall be held at
least twenty days and no more than thirty days after the sending of such
notice to the licensee or permittee. The hearing shall be solely held
for the purpose of determining whether there exists as of the date of
the hearing proof that full payment of all arrears of support
established by the order of the court to be due from the licensee or
permittee have been paid. Proof of such payment shall be a certified
check showing full payment of established arrears or a notice issued by
the court or the support collection unit, where the order is payable to
the support collection unit designated by the appropriate social
services district. Such notice shall state that full payment of all
arrears of support established by the order of the court to be due have
been paid. The licensee or permittee shall be given full opportunity to
present such proof of payment at the hearing in person or by counsel.
The only issue to be determined by the authority as a result of the
hearing is whether the arrears have been paid. No evidence with respect
to the appropriateness of the court order or ability of the respondent
party in arrears to comply with such order shall be received or
considered by the authority.

(c) Notwithstanding any inconsistent provision of this article or of
any other provision of law to the contrary, such license or permit shall
be suspended if at the hearing, provided for by paragraph (b) of this
subdivision, the licensee or permittee fails to present proof of payment
as required by such subdivision. Such suspension shall not be lifted
unless the court or the support collection unit, where the court order
is payable to the support collection unit designated by the appropriate
social services district, issues notice to the authority that full
payment of all arrears of support established by the order of the court
to be due have been paid.

(d) Upon receipt of an order from the court based on failure to
comply with a summons, subpoena, or warrant relating to a paternity or
child support proceeding, the authority, if it finds such person has
been issued a license or permit, shall within thirty days of receipt of
such order from the court, provide notice to the licensee or permittee
that his or her license shall be suspended in sixty days unless the
conditions in paragraph (e) of this subdivision are met.

(e) Notwithstanding any inconsistent provision of this article or of
any other provision of law to the contrary, such license or permit shall
be suspended in accordance with the provisions of paragraph (c) of this
subdivision unless the court terminates its order to commence suspension
proceedings. Such suspension shall not be lifted unless the court
issues an order to the authority terminating its order to commence
suspension proceedings.

(f) The authority shall inform the court of all actions taken
hereunder as required by law.

(g) This subdivision applies to support obligations paid pursuant to
any order of child support or child and spousal support issued under
provisions of article three-A or section two hundred thirty-six or two
hundred forty of the domestic relations law, or article four, five or
five-A of the family court act.

(h) Notwithstanding any inconsistent provision of this article or of
any other provision of law to the contrary, the provisions of this
subdivision shall apply to the exclusion of any other requirements of
this article and to the exclusion of any other requirement of law to the
contrary.

5. Where a licensee is convicted of two or more qualifying offenses
within a five year period, the authority, upon receipt of notification
of such second or subsequent conviction pursuant to the provisions of
subdivision two of section one hundred six-a of this article, shall, in
addition to any other sanction or civil or criminal penalty imposed
pursuant to this chapter, impose on such licensee a civil penalty not to
exceed five hundred dollars. For purposes of this subdivision, a
qualifying offense shall mean (a) the offense defined in subdivision one
of section sixty-five of this chapter; or (b) the offense defined in
paragraph (b) of subdivision one of section sixty-five-b of this
chapter. For purposes of this subdivision, a conviction of a licensee or
an employee or agent of such licensee shall constitute a conviction of
such licensee.