N.Y. Alcoholic Beverage Control Law § 110: Information to be requested in applications for licenses or permits

§ 110. Information to be requested in applications for licenses or

permits. 1. The following shall be the information required on an

application for a license or permit:

(a) A statement of identity as follows:

(i) If the applicant is an individual, his name, date and place of

birth, citizenship, permanent home address, telephone number and social

security number, as well as any other names by which he has conducted a

business at any time.

(ii) If the applicant is a corporation, the corporate name of the

applicant, its place of incorporation, its main business address (and if

such main business address is not within the state, the address of its

main place of business within the state), other names by which it has

been known or has conducted business at any time, its telephone number,

its federal employer identification number, and the names, ages,

citizenship, and permanent home addresses of its directors, officers and

its shareholders (except that if there be more than ten shareholders

then those shareholders holding ten percent or more of any class of its

shares).

(iii) If the applicant is a partnership, its name, its main business

address (and if such main business address is not within the state, the

address of its main place of business within the state), other names by

which it has been known or has conducted business at any time, its

telephone number, its federal employer identification number, and the

names, ages, citizenship, and permanent home addresses of each of its

partners.

(b) A statement identifying the street and number of the premises to

be licensed, if the premises have a street and number, and otherwise

such description as will reasonably indicate the locality thereof;

photographs, drawings or other items related to the appearance of the

interior or exterior of such premises, and a floor plan of the interior,

shall be required. The applicant shall also state the nature of his

interest in the premises; and the name of any other person interested as

a partner, joint venturer, investor or lender with the applicant either

in the premises or in the business to be licensed.

(c) A description of any other alcohol beverage license or permit

under this chapter or any other alcoholic beverage control law which,

within the past ten years, the applicant (including any officers,

directors, shareholders or partners listed in the statement of identity

under paragraph (a) of this subdivision or the spouse of any such

person) or the applicant's spouse held or applied for.

(d) A statement that such applicant or the applicant's spouse has not

been convicted of a crime addressed by the provisions of section one

hundred twenty-six of this article which would forbid the applicant

(including any officers, directors, shareholders or partners listed in

the statement of identity under paragraph (a) of this subdivision or the

spouse of such person) or the applicant's spouse to traffic in alcoholic

beverages, a statement whether or not the applicant (including any

officers, directors, shareholders or partners listed in the statement of

identity under paragraph (a) of this subdivision or the spouse of any

such person) or the applicant's spouse is an official described in

section one hundred twenty-eight of this article, and a description of

any crime that the applicant (including any officers, directors,

shareholders or partners listed under paragraph (a) of this subdivision

or the spouse of any such person) or the applicant's spouse has been

convicted of and whether such person has received a pardon, certificate

of good conduct or certificate of relief from disabilities; provided,

however, that no person shall be denied any license solely on the

grounds that such person is the spouse of a person otherwise

disqualified from holding a license under this chapter.

(e) A statement that the location and layout of the premises to be

licensed does not violate any requirement of this chapter relating to

location and layout of licensed premises, with a copy of the certificate

of occupancy for the premises.

(f) A statement indicating the type of establishment to be operated at

the premises. Such statement shall indicate the occurrence of topless

entertainment and/or exotic dancing whether topless or otherwise,

including, but not limited to, pole dancing and lap dancing, at the

establishment.

(g) A statement that the applicant has control of the premises to be

licensed by ownership of a fee interest or via a leasehold, management

agreement, or other agreement giving the applicant control over the food

and beverage at the premises, with a term at least as long as the

license for which the application is being made, or by a binding

contract to acquire the same and a statement of identity under paragraph

(a) of this subdivision for the lessor of any leasehold, manager of any

management agreement, or other agreement giving the applicant control

over the food and beverage at the premises, with a copy of the lease,

contract, management agreement, or other agreement giving the applicant

control over the food and beverage at the premises, or deed evidencing

fee ownership of the premises.

(h) A financial statement adequate to show all persons who, directly

or indirectly have an economic interest in the establishment or

acquisition of the business for which the license or permit application

is being made, to identify the sources of funds to be applied in such

establishment or acquisition, and to describe the terms and conditions

governing such establishment with copies of such financial documents as

the authority may reasonably require.

(i) The fingerprints of the applicants. Fingerprints submitted by the

applicants shall be transmitted to the division of criminal justice

services and may be submitted to the federal bureau of investigation for

state and national criminal history record checks.

2. All license or permit applications shall be signed by the applicant

(if an individual), by an officer (if a corporation), or by all partners

(if a partnership). Each person signing such application shall verify it

or affirm it as true under the penalties of perjury.

3. All license or permit applications shall be accompanied by a check,

draft or other forms of payment as the authority may require or

authorize in the amount required by this chapter for such license or

permit.

4. If there be any change, after the filing of the application or the

granting of a license, in any of the facts required to be set forth in

such application, a supplemental statement giving notice of such change,

cost and source of money involved in the change, duly verified, shall be

filed with the authority within ten days after such change. Failure to

do so shall, if willful and deliberate, be cause for revocation of the

license.

5. In giving any notice, or taking any action in reference to a

licensee of a licensed premises, the authority may rely upon the

information furnished in such application and in any supplemental

statement connected therewith, and such information may be presumed to

be correct, and shall be binding upon a licensee or licensed premises as

if correct. All information required to be furnished in such

application or supplemental statements shall be deemed material in any

prosecution for perjury, any proceeding to revoke, cancel or suspend any

license, and in the authority's determination to approve or deny the

license.

6. The authority may in its discretion waive the submission of any

category of information described in this section for any category of

license or permit, provided that it shall not be permitted to waive the

requirement for submission of any such category of information solely

for an individual applicant or applicants and provided further that no

waiver of paragraph (f) of subdivision one of this section shall be

made.

7. The authority may, by rule, adopt additional categories of

information which may be reasonably necessary to carry out the

provisions of this section.