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  board  of  parole,  or  a  certificate  of  relief from disabilities granted by the board of parole  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  board  of parole to  investigate and review the facts and  circumstances  concerning  such  a  conviction,  and  the board of parole 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 division of parole 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  board of parole, or a certificate of relief from disabilities granted by  the board of parole 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  oraliens  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