Alcoholic Beverage Control - General Provisions - Notice of arrest and convictions


Published: 2014-09-22

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§ 106-a. Notice of arrest and convictions. 1. When an arrest for
gambling activity, illicit drug activity, prostitution activity, or for
a breach of the peace or for a crime of a violent nature, or for a crime
of weapons possession occurs or where the activity or crime has taken
place in a licensed premises, the arresting agency shall notify in
writing, the authority and the district attorney of the county in which
the licensed premises are located within two weeks of the arrest and set
forth therein the name of the arrestee, the date of the arrest, the time
of the arrest, the exact place of the arrest, the name of the licensee,
the name and address of the licensed premises, the offense or offenses
allegedly committed by the arrestee, the factual circumstances of the
arrest, the name or names of the arresting officer, and such other
information as may reasonably be required by the authority.

2. Such district attorney shall maintain a written record of all
notices forwarded as required by subdivision one of this section and
where the arrestee named in said notice is convicted of either the
offense charged or a lesser included offense as defined by the penal
law, the district attorney shall so notify the authority in writing. In
addition, where a person is convicted of a violation of paragraph (b) of
subdivision one of section sixty-five-b of this chapter or of a
violation of subdivision one of section sixty-five of this chapter, the
district attorney shall promptly notify the authority of such conviction
in writing and shall include in such notification the information
required to be provided pursuant to subdivision one of this section.