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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