§ 123. Injunction for unlawful manufacturing, sale or consumption of\nliquor, wine or beer. 1. (a) If any person shall engage or participate\nor be about to engage or participate in the manufacturing or sale of\nliquor, wine or beer in this state without obtaining the appropriate\nlicense therefor, or shall traffic in liquor, wine or beer contrary to\nany provision of this chapter, or otherwise unlawfully, or shall traffic\nin illegal liquor, wine or beer, or, operating a place for profit or\npecuniary gain, with a capacity for the assemblage of twenty or more\npersons, shall permit a person or persons to come to such place of\nassembly for the purpose of consuming alcoholic beverages without having\nthe appropriate license therefor pursuant to section sixty-four-b of\nthis chapter, the liquor authority or any taxpayer residing in the city,\nvillage or town in which such activity is or is about to be engaged or\nparticipated in or such traffic is being conducted, or the city, town or\nvillage, may present a verified petition or complaint to a justice of\nthe supreme court at a special term of the supreme court of the judicial\ndistrict in which such city, village or town is situated, for an order\nenjoining such person engaging or participating in such activity or from\ncarrying on such business. Such petition or complaint shall state the\nfacts upon which such application is based. Upon the presentation of the\npetition or complaint, the justice or court shall grant an order\nrequiring such person to appear before such justice or court at or\nbefore a special term of the supreme court in such judicial district on\nthe day specified therein, not more than ten days after the granting\nthereof, to show cause why such person should not be permanently\nenjoined from engaging or participating in such activity or from\ncarrying on such business, or why such person should not be enjoined\nfrom carrying on such business contrary to the provisions of this\nchapter. A copy of such petition or complaint and order shall be served\nupon the person, in the manner directed by such order, not less than\nthree days before the return day thereof. On the day specified in such\norder, the justice or court before whom the same is returnable shall\nhear the proofs of the parties and may, if deemed necessary or proper,\ntake testimony in relation to the allegations of the petition or\ncomplaint. If the justice or court is satisfied that such person is\nabout to engage or participate in the unlawful traffic in alcoholic\nbeverages or has unlawfully manufactured or sold liquor, wine or beer\nwithout having obtained a license or contrary to the provisions of this\nchapter, or has trafficked in illegal liquor, wine or beer, or, is\noperating or is about to operate such place for profit or pecuniary\ngain, with such capacity, and has permitted or is about to permit a\nperson or persons to come to such place of assembly for the purpose of\nconsuming alcoholic beverages without having such appropriate license,\nan order shall be granted enjoining such person from thereafter engaging\nor participating in or carrying on such activity or business. If, after\nthe entry of such an order in the county clerk's office of the county in\nwhich the principal place of business of the corporation or\ncopartnership is located, or in which the individual so enjoined resides\nor conducts such business, and the service of a copy thereof upon such\nperson, or such substituted service as the court may direct, such\nperson, copartnership or corporation shall, in violation of such order,\nmanufacture or sell liquor, wine or beer, or illegal liquor, wine, or\nbeer, or permit a person or persons to come to such place of assembly\nfor the purpose of consuming alcoholic beverages, such activity shall be\ndeemed a contempt of court and be punishable in the manner provided by\nthe judiciary law, and, in addition to any such punishment, the justice\nor court before whom or which th
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