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 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 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 section sixty-five of this chapter; or (b) the offense defined in paragraph (b) of subdivision one of 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.
Last modified: February 3, 2019