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SECTION 126
Persons forbidden to traffic in alcoholic beverages
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 8
§ 126. Persons forbidden to traffic in alcoholic beverages. The
following are forbidden to traffic in alcoholic beverages:

1. Except as provided in subdivision one-a of this section, a person
who has been convicted of a felony or any of the misdemeanors mentioned
in section eleven hundred forty-six of the former penal law as in force
and effect immediately prior to September first, nineteen hundred
sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
penal law, unless subsequent to such conviction such person shall have
received an executive pardon therefor removing this disability, a
certificate of good conduct granted by the department of corrections and
community supervision, or a certificate of relief from disabilities
granted by the department of corrections and community supervision or a
court of this state pursuant to the provisions of article twenty-three
of the correction law to remove the disability under this section
because of such conviction.

1-a. Notwithstanding the provision of subdivision one of this section,
a corporation holding a license to traffic in alcoholic beverages shall
not, upon conviction of a felony or any of the misdemeanors or offenses
described in subdivision one of this section, be automatically forbidden
to traffic in alcoholic beverages, but the application for a license by
such a corporation shall be subject to denial, and the license of such a
corporation shall be subject to revocation or suspension by the
authority pursuant to section one hundred eighteen of this chapter,
consistent with the provisions of article twenty-three-A of the
correction law. For any felony conviction by a court other than a court
of this state, the authority may request the department of corrections
and community supervision to investigate and review the facts and
circumstances concerning such a conviction, and such department shall,
if so requested, submit its findings to the authority as to whether the
corporation has conducted itself in a manner such that discretionary
review by the authority would not be inconsistent with the public
interest. The department of corrections and community supervision may
charge the licensee or applicant a fee equivalent to the expenses of an
appropriate investigation under this subdivision. For any conviction
rendered by a court of this state, the authority may request the
corporation, if the corporation is eligible for a certificate of relief
from disabilities, to seek such a certificate from the court which
rendered the conviction and to submit such a certificate as part of the
authority's discretionary review process.

2. A person under the age of twenty-one years.

3. A person who is not a citizen of the United States or an alien
lawfully admitted for permanent residence in the United States.

4. A copartnership or a corporation, unless each member of the
partnership, or each of the principal officers and directors of the
corporation, is a citizen of the United States or an alien lawfully
admitted for permanent residence in the United States, not less than
twenty-one years of age, and has not been convicted of any felony or any
of the misdemeanors, specified in section eleven hundred forty-six of
the former penal law as in force and effect immediately prior to
September first, nineteen hundred sixty-seven, or of an offense defined
in section 230.20 or 230.40 of the penal law, or if so convicted has
received, subsequent to such conviction, an executive pardon therefor
removing this disability a certificate of good conduct granted by the
department of corrections and community supervision, or a certificate of
relief from disabilities granted by the department of corrections and
community supervision or a court of this state pursuant to the
provisions of article twenty-three of the correction law to remove the
disability under this section because of such conviction; provided
however that a corporation which otherwise conforms to the requirements
of this section and chapter may be licensed if each of its principal
officers and more than one-half of its directors are citizens of the
United States or aliens lawfully admitted for permanent residence in the
United States; and provided further that a corporation organized under
the not-for-profit corporation law or the education law which otherwise
conforms to the requirements of this section and chapter may be licensed
if each of its principal officers and more than one-half of its
directors are not less than twenty-one years of age and none of its
directors are less than eighteen years of age; and provided further that
a corporation organized under the not-for-profit corporation law or the
education law and located on the premises of a college as defined by
section two of the education law which otherwise conforms to the
requirements of this section and chapter may be licensed if each of its
principal officers and each of its directors are not less than eighteen
years of age.

5. (a) A person who shall have had any license issued under this
chapter revoked for cause, until the expiration of two years from the
date of such revocation.

(b) A person not licensed under the provisions of this chapter, who
has been convicted of a violation of this chapter, until the expiration
of two years from the date of such conviction.

6. A corporation or copartnership, if any officer and director or any
partner, while not licensed under the provisions of this chapter, has
been convicted of a violation of this chapter, or has had a license
issued under this chapter revoked for cause, until the expiration of two
years from the date of such conviction or revocation.

* 8. Notwithstanding any of the provisions of this section, the
authority is authorized to waive the citizenship requirements therein,
provided that the applicant otherwise conforms to the requirements of
this section, and the application is for a premises located in the area
leased by the city of New York to the New York World's Fair 1964-1965
Corporation pursuant to the provisions of chapter four hundred
twenty-eight of the laws of nineteen hundred sixty as amended by chapter
nine hundred nine of the laws of nineteen hundred sixty-one, during the
term or duration of such lease.

* NB Expired January 31, 1966