State Codes and Statutes

Statutes > New-york > Abc > Article-8 > 118

§  118.  Revocation  of  licenses  for cause. 1. Any license or permit  issued pursuant to this chapter may  be  revoked,  cancelled,  suspended  and/or  subjected  to  the  imposition of a civil penalty for cause, and  must be revoked for the following causes:    (a) Conviction of the licensee, permittee or his agent or employee for  selling any illegal alcoholic beverages on the premises licensed.    (b) For transferring, assigning or hypothecating a license or permit.    2. Notwithstanding the issuance of a  license  or  permit  by  way  of  renewal, the liquor authority may revoke, cancel or suspend such license  or  permit  and/or may impose a civil penalty against any holder of such  license or permit, as prescribed by this section and section one hundred  nineteen of this chapter, for causes or violations occurring during  the  license  period  immediately  preceding  the issuance of such license or  permit, and may recover, as provided in section one  hundred  twelve  of  this chapter, the penal sum of the bond on file during said period.    3.  As  used  in this section, the term "for cause" shall also include  the  existence  of  a  sustained  and  continuing  pattern   of   noise,  disturbance,  misconduct, or disorder on or about the licensed premises,  related to the operation of the premises or the conduct of its  patrons,  which adversely affects the health, welfare or safety of the inhabitants  of the area in which such licensed premises are located.    4.  As  used  in  this  chapter,  the  existence  of  a  sustained and  continuing pattern of noise, disturbance, misconduct, or disorder on  or  about the licensed premises, related to the operation of the premises or  the  conduct  of  its  patrons, will be presumed upon the sixth incident  reported to the authority by  a  law  enforcement  agency  of  noise  or  disturbance  or misconduct or disorder on or about the licensed premises  or related to the operation of  the  premises  or  the  conduct  of  its  patrons,  in  any sixty day period, absent clear and convincing evidence  of either fraudulent intent on the part of any complainant or a  factual  error  with  respect  to  the  content  of  any  report  concerning such  complaint relied upon by the authority.

State Codes and Statutes

Statutes > New-york > Abc > Article-8 > 118

§  118.  Revocation  of  licenses  for cause. 1. Any license or permit  issued pursuant to this chapter may  be  revoked,  cancelled,  suspended  and/or  subjected  to  the  imposition of a civil penalty for cause, and  must be revoked for the following causes:    (a) Conviction of the licensee, permittee or his agent or employee for  selling any illegal alcoholic beverages on the premises licensed.    (b) For transferring, assigning or hypothecating a license or permit.    2. Notwithstanding the issuance of a  license  or  permit  by  way  of  renewal, the liquor authority may revoke, cancel or suspend such license  or  permit  and/or may impose a civil penalty against any holder of such  license or permit, as prescribed by this section and section one hundred  nineteen of this chapter, for causes or violations occurring during  the  license  period  immediately  preceding  the issuance of such license or  permit, and may recover, as provided in section one  hundred  twelve  of  this chapter, the penal sum of the bond on file during said period.    3.  As  used  in this section, the term "for cause" shall also include  the  existence  of  a  sustained  and  continuing  pattern   of   noise,  disturbance,  misconduct, or disorder on or about the licensed premises,  related to the operation of the premises or the conduct of its  patrons,  which adversely affects the health, welfare or safety of the inhabitants  of the area in which such licensed premises are located.    4.  As  used  in  this  chapter,  the  existence  of  a  sustained and  continuing pattern of noise, disturbance, misconduct, or disorder on  or  about the licensed premises, related to the operation of the premises or  the  conduct  of  its  patrons, will be presumed upon the sixth incident  reported to the authority by  a  law  enforcement  agency  of  noise  or  disturbance  or misconduct or disorder on or about the licensed premises  or related to the operation of  the  premises  or  the  conduct  of  its  patrons,  in  any sixty day period, absent clear and convincing evidence  of either fraudulent intent on the part of any complainant or a  factual  error  with  respect  to  the  content  of  any  report  concerning such  complaint relied upon by the authority.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Abc > Article-8 > 118

§  118.  Revocation  of  licenses  for cause. 1. Any license or permit  issued pursuant to this chapter may  be  revoked,  cancelled,  suspended  and/or  subjected  to  the  imposition of a civil penalty for cause, and  must be revoked for the following causes:    (a) Conviction of the licensee, permittee or his agent or employee for  selling any illegal alcoholic beverages on the premises licensed.    (b) For transferring, assigning or hypothecating a license or permit.    2. Notwithstanding the issuance of a  license  or  permit  by  way  of  renewal, the liquor authority may revoke, cancel or suspend such license  or  permit  and/or may impose a civil penalty against any holder of such  license or permit, as prescribed by this section and section one hundred  nineteen of this chapter, for causes or violations occurring during  the  license  period  immediately  preceding  the issuance of such license or  permit, and may recover, as provided in section one  hundred  twelve  of  this chapter, the penal sum of the bond on file during said period.    3.  As  used  in this section, the term "for cause" shall also include  the  existence  of  a  sustained  and  continuing  pattern   of   noise,  disturbance,  misconduct, or disorder on or about the licensed premises,  related to the operation of the premises or the conduct of its  patrons,  which adversely affects the health, welfare or safety of the inhabitants  of the area in which such licensed premises are located.    4.  As  used  in  this  chapter,  the  existence  of  a  sustained and  continuing pattern of noise, disturbance, misconduct, or disorder on  or  about the licensed premises, related to the operation of the premises or  the  conduct  of  its  patrons, will be presumed upon the sixth incident  reported to the authority by  a  law  enforcement  agency  of  noise  or  disturbance  or misconduct or disorder on or about the licensed premises  or related to the operation of  the  premises  or  the  conduct  of  its  patrons,  in  any sixty day period, absent clear and convincing evidence  of either fraudulent intent on the part of any complainant or a  factual  error  with  respect  to  the  content  of  any  report  concerning such  complaint relied upon by the authority.