N.Y. Comp. Codes R. & Regs. tit. 9 § 54.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 54.1 - Commencement of proceedings

(a) Disciplinary proceedings shall be commenced by serving a notice of pleading on the licensee. Such notice shall be deemed to have been duly served if:

(1) sent by registered or certified mail to the licensee addressed to the licensed premises and a copy thereof sent by first class mail to the residence of record of the licensee or of any officer or director of a corporate licensee, or any general partner of a partnership licensee; or

(2) transmitted by electronic means to the licensee to the email address currently on file with the authority for the licensee, with the subject matter for such transmission indicating that it is related to a State Liquor Authority disciplinary proceeding. For purposes of this part, "electronic means" is any method of transmission of information, between computers or other devices, designed for the purpose of sending and receiving such transmissions and which allows the recipient to reproduce the information transmitted in a tangible medium of expression.

(b) Notices of pleading shall:

(1) indicate whether the proceedings may result in revocation or cancellation of the license ("revocation proceedings"), or in a penalty other than revocation or cancellation of the license ("suspension proceedings");

(2) set forth numbered charges against the licensee, each relating, insofar as possible, to separate violations or causes for revocation or suspension;

(3) require the licensee to plead to the charges on or before a specified date;

(4) advise the licensee of its right to be represented by counsel; and

(5) advise the licensee that upon its failure to appear or enter a plea, it shall be deemed to have pleaded "no contest" to the charges and no further hearing shall be held.

(c) Notices of pleading in suspension proceedings shall, in addition to the matters set forth in subdivision (b) of this Part:

(1) set forth the maximum penalty, including a fine and/or any claim against the licensee's penal bond, which the authority may assess if the charges are sustained; and

(2) advise the licensee that it may request that a bond forfeiture or fine be imposed in lieu of any suspension of its license, the granting of which request shall be within the discretion of the authority.

(d) In the case of revocation proceedings, a copy of the notice of pleading shall be sent by either first class mail or electronic means to the owner of the building in which the licensed premises are situated, as reflected in the files of the authority, at the last address or email address in the files of the authority of such owner. Where the application for the license for the current period has indicated that the licensee occupies such premises under a written lease from a person other than such owner, a further copy shall be sent by either first class mail or electronic means to such lessor at its address or email address as set forth in the files of the authority.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 54.1

Amended New York State Register March 9, 2022/Volume XLIV, Issue 10, eff. 3/9/2022