2006 New York Code - Refusal To Issue Or Renew A License Or Certificate Of Approval.

 
    §  20-956  Refusal  to  issue  or  renew  a  license or certificate of
  approval.  a. The commission shall refuse to issue or to renew a license
  to an applicant who has not demonstrated to the commission  that  he  or
  she possesses good character, honesty and integrity. In determining that
  an  applicant  has  not  met  his  or  her  burden  to  demonstrate good
  character, honesty and integrity, the commission may  consider,  but  is
  not  limited  to:  (i)  knowing  failure  by  such  applicant to provide
  truthful or complete information in  connection  with  the  application;
  (ii)  a pending indictment or criminal action against such applicant for
  a crime which under this subdivision  would  provide  a  basis  for  the
  refusal  to  issue such license or certificate of approval, or a pending
  civil or administrative action to which such applicant is  a  party  and
  which directly relates to the fitness to conduct the business or perform
  the  work for which the license or certificate of approval is sought, in
  which case the commission may  defer  consideration  of  an  application
  until  a  decision  has  been  reached  by  the  court or administrative
  tribunal before which such action is pending; (iii) conviction  of  such
  applicant  for  a  crime  which,  considering  the  factors set forth in
  section seven hundred fifty-three of the correction law, would provide a
  basis under such law for the refusal of such license or  certificate  of
  approval;  (iv)  a  finding  of  liability  in a civil or administrative
  action that bears a direct relationship to the fitness of the  applicant
  to  conduct  the  business  or  to  perform the employment for which the
  license or certificate of  approval  is  sought;  (v)  commission  of  a
  racketeering  activity or knowing association with a person who has been
  convicted for a racketeering activity when the applicant knew or  should
  have known of such conviction, including but not limited to the offenses
  listed  in  subdivision one of section nineteen hundred sixty-one of the
  Racketeer Influenced and Corrupt Organizations statute (18 U.S.C. § 1961
  et seq.) or of an offense listed in subdivision one of section 460.10 of
  the penal law, as such statutes may be amended from time to time, or the
  equivalent offense under  the  laws  of  any  other  jurisdiction;  (vi)
  conviction  of  a  gambling  offense  under 18 U.S.C. § 1081 et seq., 18
  U.S.C. §§ 1953 through 1955,  article  225  of  the  penal  law  or  the
  equivalent  offense  under  the  laws  of  any other jurisdiction; (vii)
  association with any member or associate of an organized crime group  as
  identified  by a federal, state or city law enforcement or investigative
  agency when the applicant knew or should have  known  of  the  organized
  crime  associations  of  such person; (viii) in the case of an applicant
  business, failure to pay any tax, fine,  penalty,  fee  related  to  the
  applicant's business for which liability has been admitted by the person
  liable  therefor,  or  for which judgment has been entered by a court or
  administrative tribunal of competent jurisdiction and such judgment  has
  not  been  stayed;  and  (ix) denial of a license or other permission to
  operate a gambling business or activity  in  another  jurisdiction.  For
  purposes  of  determining  the  good character, honesty and integrity of
  applicants for registration or registrants pursuant to section 20-955 of
  this chapter, the term "applicant" as used herein  shall  be  deemed  to
  apply to such applicants for registration or registrants.
    b.  The  commission  may  refuse to issue or to renew a certificate of
  approval to an applicant  who  has  not  demonstrated  that  he  or  she
  possesses  good  character,  honesty  and  integrity. In reaching such a
  determination, the commission may consider, but is not limited  to,  the
  factors  set  forth  in  paragraphs (i) through (ix) of subdivision a of
  this section.
    c. The commission may refuse  to  issue  or  to  renew  a  license  or
  certificate  of  approval  to  an  applicant who has knowingly failed to
  provide the  information  and/or  documentation  required  in  the  form


  prescribed by the commission pursuant to section 20-954 of this chapter,
  or  who  has  knowingly  provided  false  information  or  documentation
  required by the  commission  pursuant  to  this  chapter  or  any  rules
  promulgated pursuant hereto.
    d.  The  commission  may  refuse  to  issue  or  to renew a license or
  certificate of approval to an applicant when  such  applicant:  (i)  was
  previously  issued a license or certificate of approval pursuant to this
  chapter and such license or certificate of approval was revoked pursuant
  to the provisions of this chapter; or (ii) has been determined  to  have
  committed  any  of the acts which would be a basis for the suspension or
  revocation of a license or certificate  of  approval  pursuant  to  this
  chapter or any rules promulgated hereto.
    e.  The  commission may refuse to issue or to renew a license pursuant
  to this chapter to an applicant business where such  applicant  business
  or any of the principals of such applicant business have been principals
  of  a  licensee whose license has been revoked pursuant to subdivision a
  of section 20-959 of this chapter.