New York Laws
Article 12-A - Tax on Gasoline and Similar Motor Fuel
283-B - Licensing of Terminal Operators.

(i) commits fraud or deceit in his operations as a terminal operator
or has committed fraud or deceit in procuring his license;
(ii) has been convicted in a court of competent jurisdiction, either
within or without the state, of a felony, within the meaning of
subdivision eight of section two hundred eighty-three of this article,
bearing on such terminal operator's duties and obligations under this
chapter;
(iii) has knowingly aided and abetted a person who is not registered
as a distributor in the importation, production, refining, manufacture
or compounding of motor fuel; or
(iv) has knowingly aided and abetted the distribution of motor fuel
which he has knowledge of as being imported, caused to be imported,
produced, refined, manufactured or compounded by a distributor who is
not registered by the department of taxation and finance.
A license may also be cancelled or suspended if the commissioner
determines that a licensee or an officer, director, shareholder,
employee or partner of the licensee who as such officer, director,
shareholder, employee or partner is under a duty to act for such
licensee or any shareholder directly or indirectly owning more than ten
percent of the number of shares of stock of the licensee (where such
licensee is a corporation) entitling the holder thereof to vote for the
election of directors or trustees of such licensee, was an officer,
director, shareholder, employee or partner of another person who as such
officer, director, shareholder, employee or partner was under a duty to
act for such other person or was a shareholder directly or indirectly
owning more than ten percent of the number of shares of stock of such

other person (where such other person is a corporation) entitling the
holder thereof to vote for the election of directors or trustees of such
other person at the time such other person committed any of the acts or
omissions which are, or was convicted as, specified in this subdivision
within the preceding five years.
5. A license shall not be cancelled or suspended nor shall an
application for a license be refused unless the licensee or applicant
for a license has had an opportunity for a hearing, provided, however,
that an application for a license may be denied without a prior hearing.
Provided, further, a license may be cancelled or suspended without a
prior hearing, for failure to file a return or report within ten days of
the date prescribed for filing under this article or nonpayment of any
sums due pursuant to this article or article twenty-eight or twenty-nine
of this chapter with respect to motor fuel if the licensee shall have
failed to file such return or report or pay taxes within ten days after
the date the demand therefor is sent by registered or certified mail to
the address of the terminal operator given in his application for a
license, or an address substituted therefor as in this subdivision. A
license may be cancelled or suspended prior to a hearing for the failure
to continue to maintain in full force and effect at all times the
required bond or other security filed with the tax commission. Provided,
however, if a surety bond is cancelled prior to expiration, the tax
commission, after considering all the relevant circumstances, may make
such other arrangements and require the filing of such other bond or
other security as it deems appropriate. Provided, further, a license may
be cancelled or suspended prior to a hearing for the transfer of such
license. A terminal operator shall immediately inform the department, in
writing, of any change in its address and, if the terminal operator is a
corporation or partnership, the terminal operator shall immediately
inform the department, in writing, of any change in its officers,
directors or partners or their residence addresses as shown in its
application for a license.
6. The provisions of subdivisions six, eight, nine and ten of section
two hundred eighty-three of this article shall apply to the provisions
of this section in the same manner and with the same force and effect as
if the language of these subdivisions had been incorporated in full into
this section and had expressly referred to the terminal operator's
license under this section, except to the extent that any such provision
is either inconsistent with a provision of this section or is not
relevant to this section.