Suspension and Revocation of Licenses.

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§ 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:

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 section one hundred forty-seven of the social services law.

h. A violation of article thirteen-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 section thirteen hundred ninety-nine-ee 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 thirteen-F of the public health law within a three year period.



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