N.Y. Tax Law 1607 – Suspension and revocation of licenses
§ 1607. Suspension and revocation of licenses. The division may suspend or revoke, after notice and an opportunity for a hearing pursuant to the state administrative procedure act, any license issued pursuant to this article. Such license may, however, be temporarily suspended by the division without prior notice, pending any prosecution, investigation or hearing. A license may be suspended or revoked by the division for one or more of the following reasons:
Terms Used In N.Y. Tax Law 1607
- Commissioner: means the commissioner of taxation and finance or his or her duly appointed delegate. See N.Y. Tax Law 1602
- Conviction: A judgement of guilt against a criminal defendant.
- division: means the "division of gaming" as created pursuant to section one hundred two of the racing, pari-mutuel wagering and breeding law. See N.Y. Tax Law 1602
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lottery: means the lottery operated by the state pursuant to this article. See N.Y. Tax Law 1602
a. Failure to account for lottery tickets received or the proceeds of the sale of lottery tickets or to file a bond if required by the division or to comply with instructions of the division concerning the licensed activity;
b. Conviction of any offense as defined in the penal law, or any felony under the laws of the United States or under the laws of the state of New York or any other state or foreign jurisdiction or any crime relating to gaming activities;
c. Failure to file any return or report, to keep records or to pay any tax required by any article of this chapter;
d. Fraud, deceit, misrepresentation or conduct prejudicial to public confidence in the state lottery;
e. With respect to a lottery sales agent, the number of lottery tickets sold by the lottery sales agent is insufficient to meet administrative costs and public convenience is adequately served by other licensees;
f. A material change, since issuance of the license, with respect to any matters required to be considered by the division under subdivision d or e of section sixteen hundred five of this article.
g. Conviction for misuse of food stamps pursuant to § 147 of the social services law.
h. A violation of Article 13-F of the public health law as provided in this subdivision:
1. A license shall be suspended for a period of one year upon notification to the division by the commissioner of health of a lottery sales agent's accumulation of three or more points pursuant to subdivision three of § 1399 of the public health law.
2. A license shall be revoked for one year upon notification to the division by the commissioner of health of a lottery sales agent's fourth violation of Article 13-F of the public health law within a three year period.