2013 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 8 - (100 - 131) GENERAL PROVISIONS
126 - Persons forbidden to traffic in alcoholic beverages.

 
    § 126. Persons  forbidden  to  traffic  in  alcoholic beverages.   The
  following are forbidden to traffic in alcoholic beverages:
    1. Except as provided in subdivision one-a of this section,  a  person
  who  has been convicted of a felony or any of the misdemeanors mentioned
  in section eleven hundred forty-six of the former penal law as in  force
  and  effect  immediately  prior  to  September  first,  nineteen hundred
  sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
  penal law, unless subsequent to such conviction such person  shall  have
  received  an  executive  pardon  therefor  removing  this  disability, a
  certificate of good conduct granted by the department of corrections and
  community supervision, or a  certificate  of  relief  from  disabilities
  granted  by the department of corrections and community supervision or a
  court of this state pursuant to the provisions of  article  twenty-three
  of  the  correction  law  to  remove  the  disability under this section
  because of such conviction.
    1-a. Notwithstanding the provision of subdivision one of this section,
  a corporation holding a license to traffic in alcoholic beverages  shall
  not,  upon conviction of a felony or any of the misdemeanors or offenses
  described in subdivision one of this section, be automatically forbidden
  to traffic in alcoholic beverages, but the application for a license  by
  such a corporation shall be subject to denial, and the license of such a
  corporation  shall  be  subject  to  revocation  or  suspension  by  the
  authority pursuant to section one  hundred  eighteen  of  this  chapter,
  consistent   with  the  provisions  of  article  twenty-three-A  of  the
  correction law. For any felony conviction by a court other than a  court
  of  this  state, the authority may request the department of corrections
  and community supervision  to  investigate  and  review  the  facts  and
  circumstances  concerning  such a conviction, and such department shall,
  if so requested, submit its findings to the authority as to whether  the
  corporation  has  conducted  itself  in a manner such that discretionary
  review by the authority  would  not  be  inconsistent  with  the  public
  interest.  The  department  of corrections and community supervision may
  charge the licensee or applicant a fee equivalent to the expenses of  an
  appropriate  investigation  under  this  subdivision. For any conviction
  rendered by a court  of  this  state,  the  authority  may  request  the
  corporation,  if the corporation is eligible for a certificate of relief
  from disabilities, to seek such  a  certificate  from  the  court  which
  rendered  the conviction and to submit such a certificate as part of the
  authority's discretionary review process.
    2. A person under the age of twenty-one years.
    3. A person who is not a citizen of the  United  States  or  an  alien
  lawfully admitted for permanent residence in the United States.
    4.  A  copartnership  or  a  corporation,  unless  each  member of the
  partnership, or each of the principal  officers  and  directors  of  the
  corporation,  is  a  citizen  of  the United States or an alien lawfully
  admitted for permanent residence in the United  States,  not  less  than
  twenty-one years of age, and has not been convicted of any felony or any
  of  the  misdemeanors,  specified in section eleven hundred forty-six of
  the former penal law  as  in  force  and  effect  immediately  prior  to
  September  first, nineteen hundred sixty-seven, or of an offense defined
  in section 230.20 or 230.40 of the penal law, or  if  so  convicted  has
  received,  subsequent  to  such conviction, an executive pardon therefor
  removing this disability a certificate of good conduct  granted  by  the
  department of corrections and community supervision, or a certificate of
  relief  from  disabilities  granted by the department of corrections and
  community  supervision  or  a  court  of  this  state  pursuant  to  the
  provisions  of  article twenty-three of the correction law to remove the
  disability under this  section  because  of  such  conviction;  provided

  however  that a corporation which otherwise conforms to the requirements
  of this section and chapter may be licensed if  each  of  its  principal
  officers  and  more  than  one-half of its directors are citizens of the
  United States or aliens lawfully admitted for permanent residence in the
  United  States;  and provided further that a corporation organized under
  the not-for-profit corporation law or the education law which  otherwise
  conforms to the requirements of this section and chapter may be licensed
  if  each  of  its  principal  officers  and  more  than  one-half of its
  directors are not less than twenty-one years of  age  and  none  of  its
  directors are less than eighteen years of age; and provided further that
  a  corporation organized under the not-for-profit corporation law or the
  education law and located on the premises of a  college  as  defined  by
  section  two  of  the  education  law  which  otherwise  conforms to the
  requirements of this section and chapter may be licensed if each of  its
  principal  officers and each of its directors are not less than eighteen
  years of age.
    5. (a) A person who shall have  had  any  license  issued  under  this
  chapter  revoked  for  cause, until the expiration of two years from the
  date of such revocation.
    (b) A person not licensed under the provisions of  this  chapter,  who
  has  been convicted of a violation of this chapter, until the expiration
  of two years from the date of such conviction.
    6. A corporation or copartnership, if any officer and director or  any
  partner,  while  not  licensed under the provisions of this chapter, has
  been convicted of a violation of this chapter,  or  has  had  a  license
  issued under this chapter revoked for cause, until the expiration of two
  years from the date of such conviction or revocation.
    * 8.  Notwithstanding  any  of  the  provisions  of  this section, the
  authority is authorized to waive the citizenship  requirements  therein,
  provided  that  the  applicant otherwise conforms to the requirements of
  this section, and the application is for a premises located in the  area
  leased  by  the  city of New York to the New York World's Fair 1964-1965
  Corporation  pursuant  to  the  provisions  of  chapter   four   hundred
  twenty-eight of the laws of nineteen hundred sixty as amended by chapter
  nine  hundred nine of the laws of nineteen hundred sixty-one, during the
  term or duration of such lease.
    * NB Expired January 31, 1966