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This entry was published on 2014-10-24
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SECTION 128
Certain officials not to be interested in manufacture or sale of alcoholic beverages
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 8
§ 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.