N.Y. Alcoholic Beverage Control Law Section 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 Domestic Relations Law § 244-C (Child support proceedings and enforcement of arrears)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 § 106-A (Notice of arrest and convictions)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 § 65 (Prohibited sales)section sixty-five of this chapter; or

(b)

the offense defined in paragraph (b) of subdivision one of § 65-B (Offense for one under age of twenty-one years to purchase or attempt to purchase an alcoholic beverage through fraudulent means)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.

Source: Section 119 — Procedure for revocation or cancellation, https://www.­nysenate.­gov/legislation/laws/ABC/119 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

100
Alcoholic beverages generally
101
Manufacturers and wholesalers not to be interested in retail places
101‑AA
Terms of sale
101‑AAA
Terms of sale
101‑B
Unlawful discriminations prohibited
102
General prohibitions and restrictions
103
Provisions governing manufacturers
104
Provisions governing wholesalers
104‑A
Provisions governing vendors
105
Provisions governing licensees to sell at retail for consumption off the premises
105‑B
Posting of certain signs
106
Provisions governing licensees to sell at retail for consumption on the premises
106‑A
Notice of arrest and convictions
106‑B
Provisions for governing sports facilities operators and retail licenses to sell at certain sporting events for consumption on premises
107
Advertising and forms of notices of the issuance of licenses
107‑A
Labeling containers of alcoholic beverages
108
Restrictions upon licensees
109
Renewals of licenses and permits
110
Information to be requested in applications for licenses or permits
110‑A
Notice of application for certain licenses to be published by applicant
110‑B
Notification to municipalities
110‑C
Public license query
111
License to be confined to premises licensed
111‑A
Use of contiguous and non-contiguous municipal public space for on-premises alcoholic beverage sales by certain licensees
112
Bonds of licensees and permittees
113
Premises for which no license shall be granted
114
Licenses, publication, general provisions
114‑A
License or permit issuance and registration approval
115
Rules need not be uniform
116
Deliveries of alcoholic beverages
117
Transportation of alcoholic beverages
117‑A
Unlimited drink offerings prohibited
117‑B
Possession or use of alcohol vaporizing devices prohibited
118
Revocation of licenses for cause
119
Procedure for revocation or cancellation
120
Decisions by liquor authority
120‑A
Corporate change
121
Review by courts
122
Continuance of business by receiver or other representative
123
Injunction for unlawful manufacturing, sale or consumption of liquor, wine or beer
124
Liquor authority to be necessary party to certain proceedings
125
Disposition of moneys received for license fees
126
Persons forbidden to traffic in alcoholic beverages
127
Surrender and cancellation of licenses
127‑A
Surrender and cancellation of permits
127‑B
Payment of refunds on special permits and notice to police officers
127‑C
Refunds on licenses and permits erroneously or unlawfully cancelled, revoked or suspended
127‑D
Refunds on over-payment of fees
128
Certain officials not to be interested in manufacture or sale of alcoholic beverages
128‑A
Police officers allowed to work in licensed premises in certain cases
128‑B
Police officers allowed to serve as an officer of a volunteer firefighters’ organization
128‑C
Police officers allowed to serve as an officer of veterans’ organization
129
Surrender of license
130
Penalties for violations of chapter
131
New York alcoholic beverage control problem premises task force

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 119’s source at nysenate​.gov

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