There is a newer version of the New York Consolidated Laws
2006 New York Code - Issuance And Renewal Of License.
§ 20-361 Issuance and renewal of license. a. The commissioner may refuse to issue or renew a license to an applicant only upon the occurrence of any one or more of the following conditions: 1. the applicant, licensee, its officers, principals, directors and stockholders owning more than ten percent of the outstanding stock of the corporation have not submitted complete and accurate information required by the department in connection with: (a) an application for a license or renewal thereof; (b) an application for the approval of a change of ownership; (c) the furnishing of a record of convictions for offenses as provided in paragraph five of this subdivision; (d) the furnishing of financial information and records by the applicant, licensee, its officers, principals, directors and stockholders owning more than ten percent of the outstanding stock of the corporation concerning the source of funds used or intended to be used in the operation of the licensed business and the amount of total funds each such individual has invested in the business; 2. the premises on or in which the licensed business is to be conducted have not been certified as in compliance with the health, fire, buildings, zoning and water, gas and electricity safety requirements and standards established by the laws of the city and state of New York or any other governmental authority having jurisdiction thereof; 3. with respect to a new license application for the premises on or in which the licensed business is to be conducted, there is no current certificate of occupancy to operate a public dance hall, cabaret or catering establishment; 4. the applicant, licensee, its officers, principals, directors and stockholders have not complied with the regulations of the department applicable thereto; 5. the applicant, licensee, its officers, principals, directors and stockholders owning more than ten percent of the outstanding stock of the corporation have been convicted of: (a) any of the following offenses and there is a relationship between the offense and the conduct of a public dance hall, cabaret or catering establishment: (i) an offense within article two hundred of the penal law relating to bribery involving public servants; (ii) a felony within article two hundred ten of the penal law relating to perjury; (iii) an offense within article two hundred thirty of the penal law relating to prostitution offenses; (iv) an offense within article two hundred forty-five of the penal law relating to offenses against public sensibilities; (v) an offense within section 260.20 of the penal law relating to unlawfully dealing with a child; (b) any other offense which is a felony under the laws of this state or a crime committed in violation of the laws of any other jurisdiction which if committed in this state would be a felony; (c) any offense which is a misdemeanor involving the premises on or in which the licensed business is to be conducted. 6. the applicant, licensee, its officers, principals, directors and stockholders owning more than ten percent of the outstanding stock of the corporation have suffered or permitted the premises on or in which the licensed business is to be conducted, through improper or inadequate maintenance and supervision, to be used for the commission of any of the offenses set forth in paragraph five of this subdivision; 7. the applicant, its officers, principals, directors, stockholders owning more than ten percent of the outstanding stock of the corporation
and employees thereof at the premises on which the licensed business is to be conducted have at least three times been proven to be in violation of the provisions of subchapter one of chapter five of this title of this code or of any regulations promulgated thereunder. (b) The commissioner shall not issue or renew a license if the applicant, licensee, its officers, principals, directors and stockholders owning more than ten percent of the outstanding stock of the corporation have not paid, within the time permitted by law, any fine, penalty or judgment duly imposed in connection with or arising from the use, occupation or operation of the premises on which the licensed business is to be conducted. (e) Each applicant and licensee shall notify the department in writing by registered mail, return receipt requested, within three business days of receipt of notice of service of a summons for a violation relating to the operation of the business licensed or to be licensed or to the premises on or in which the business licensed or to be licensed is to be conducted and of a conviction for any offense set forth in paragraph five of subdivision a of this section occurring after the filing date of the application for a license or a renewal thereof or occurring during the term of the license. (f) In the manner prescribed in rule three hundred eighteen of the civil practice law and rules, each applicant or licensee shall designate an agent, a substitute agent and a successor agent for receiving service of process and communications from this department located within the city of New York. Proof of such designation shall be filed with the license application at the department.
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