New York Alcoholic Beverage Control Law

Sec. § 128
Certain Officials Not to Be Interested in Manufacture or Sale of Alcoholic Beverages

§ 128. Certain officials not to be interested in manufacture or sale of alcoholic beverages.


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.


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.

Last accessed
Dec. 13, 2016