Section 45-A. Refunds

1.  Moneys heretofore or hereafter received by the
  department pursuant to this  chapter  may,  within  one  year  from  the
  receipt  thereof,  be  refunded to the party for whose account same were
  received, on proof satisfactory to the commissioner that:
    a. Such moneys were in excess of the amount required by law.
    b. The license for which application was made has been refused by  the
  commissioner.
    c.  Such moneys were received as payment for services or materials and
  such services have not been rendered or such materials furnished.
    d. Such moneys were received as rental  or  concession  fees  and  the
  applicant  for such concession or lease has, by acts or omissions of the
  department, been deprived of the use of the leased premises or has  been
  prevented from operation of the concession for the whole or a portion of
  the  term of such lease or concession agreement; provided, however, that
  no such refund shall be for a greater proportion of the total rental  or
  concession  fee  than the period of such loss of use bears to the period
  of such lease or concession agreement.
    2. Such refunds shall, upon approval by  the  commissioner  and  after
  audit  by the comptroller, be paid from any moneys in the custody of the
  department received as  license  fees,  sales  of  materials,  fees  for
  services or for rentals, or fees for grants of concessions.
    3.  Whenever  any person, firm, corporation or cooperative association
  has filed with the commissioner any surety bond or  other  security  and
  fails  to  perform the conditions for which such surety bond or security
  was pledged, the commissioner  may,  after  audit  by  the  comptroller,
  distribute  any  proceeds  therefrom  in  the  manner  provided  by this
  chapter.
    4. When the conditions under which any security (other than  a  surety
  bond)  filed  with  the  commissioner  have  been  fully discharged, the
  commissioner may return such security to the  person  filing  the  same,
  together with any interest or income which may have accrued thereon; and
  the  commissioner  may  also,  from  time to time and after audit by the
  comptroller, pay to the depositor any intermediate  interest  or  income
  accruing from such security.
    5. Nothing contained in this section shall in any way supersede, alter
  or amend the provisions of section thirty-one-c of this chapter.