Section 20-956. Refusal to issue or renew a license or certificate of approval  


Latest version.
  • a. The commission shall refuse to issue or to renew a license  to an applicant who has not demonstrated to the commission  that  he  or
      she possesses good character, honesty and integrity. In determining that
      an  applicant  has  not  met  his  or  her  burden  to  demonstrate good
      character, honesty and integrity, the commission may  consider,  but  is
      not  limited  to:  (i)  knowing  failure  by  such  applicant to provide
      truthful or complete information in  connection  with  the  application;
      (ii)  a pending indictment or criminal action against such applicant for
      a crime which under this subdivision  would  provide  a  basis  for  the
      refusal  to  issue such license or certificate of approval, or a pending
      civil or administrative action to which such applicant is  a  party  and
      which directly relates to the fitness to conduct the business or perform
      the  work for which the license or certificate of approval is sought, in
      which case the commission may  defer  consideration  of  an  application
      until  a  decision  has  been  reached  by  the  court or administrative
      tribunal before which such action is pending; (iii) conviction  of  such
      applicant  for  a  crime  which,  considering  the  factors set forth in
      section seven hundred fifty-three of the correction law, would provide a
      basis under such law for the refusal of such license or  certificate  of
      approval;  (iv)  a  finding  of  liability  in a civil or administrative
      action that bears a direct relationship to the fitness of the  applicant
      to  conduct  the  business  or  to  perform the employment for which the
      license or certificate of  approval  is  sought;  (v)  commission  of  a
      racketeering  activity or knowing association with a person who has been
      convicted for a racketeering activity when the applicant knew or  should
      have known of such conviction, including but not limited to the offenses
      listed  in  subdivision one of section nineteen hundred sixty-one of the
      Racketeer Influenced and Corrupt Organizations statute (18 U.S.C. § 1961
      et seq.) or of an offense listed in subdivision one of section 460.10 of
      the penal law, as such statutes may be amended from time to time, or the
      equivalent offense under  the  laws  of  any  other  jurisdiction;  (vi)
      conviction  of  a  gambling  offense  under 18 U.S.C. § 1081 et seq., 18
      U.S.C. §§ 1953 through 1955,  article  225  of  the  penal  law  or  the
      equivalent  offense  under  the  laws  of  any other jurisdiction; (vii)
      association with any member or associate of an organized crime group  as
      identified  by a federal, state or city law enforcement or investigative
      agency when the applicant knew or should have  known  of  the  organized
      crime  associations  of  such person; (viii) in the case of an applicant
      business, failure to pay any tax, fine,  penalty,  fee  related  to  the
      applicant's business for which liability has been admitted by the person
      liable  therefor,  or  for which judgment has been entered by a court or
      administrative tribunal of competent jurisdiction and such judgment  has
      not  been  stayed;  and  (ix) denial of a license or other permission to
      operate a gambling business or activity  in  another  jurisdiction.  For
      purposes  of  determining  the  good character, honesty and integrity of
      applicants for registration or registrants pursuant to section 20-955 of
      this chapter, the term "applicant" as used herein  shall  be  deemed  to
      apply to such applicants for registration or registrants.
        b.  The  commission  may  refuse to issue or to renew a certificate of
      approval to an applicant  who  has  not  demonstrated  that  he  or  she
      possesses  good  character,  honesty  and  integrity. In reaching such a
      determination, the commission may consider, but is not limited  to,  the
      factors  set  forth  in  paragraphs (i) through (ix) of subdivision a of
      this section.
        c. The commission may refuse  to  issue  or  to  renew  a  license  or
      certificate  of  approval  to  an  applicant who has knowingly failed to
      provide the  information  and/or  documentation  required  in  the  form
    
      prescribed by the commission pursuant to section 20-954 of this chapter,
      or  who  has  knowingly  provided  false  information  or  documentation
      required by the  commission  pursuant  to  this  chapter  or  any  rules
      promulgated pursuant hereto.
        d.  The  commission  may  refuse  to  issue  or  to renew a license or
      certificate of approval to an applicant when  such  applicant:  (i)  was
      previously  issued a license or certificate of approval pursuant to this
      chapter and such license or certificate of approval was revoked pursuant
      to the provisions of this chapter; or (ii) has been determined  to  have
      committed  any  of the acts which would be a basis for the suspension or
      revocation of a license or certificate  of  approval  pursuant  to  this
      chapter or any rules promulgated hereto.
        e.  The  commission may refuse to issue or to renew a license pursuant
      to this chapter to an applicant business where such  applicant  business
      or any of the principals of such applicant business have been principals
      of  a  licensee whose license has been revoked pursuant to subdivision a
      of section 20-959 of this chapter.