N.Y. Alcoholic Beverage Control Law § 110-a: Notice of application for certain licenses to be published by applicant

§ 110-a. Notice of application for certain licenses to be published by

applicant. 1. Every person applying for a license to sell alcoholic

beverages pursuant to subdivision four of section fifty-one, or section

fifty-five, sixty-four, sixty-four-a, sixty-four-c, eighty-one or

eighty-one-a of this chapter shall publish notice thereof pursuant to

subdivision two of this section.

2. All applicants required to publish notice of an application for a

license pursuant to subdivision one of this section shall, in such form

as prescribed by subdivision three of this section, publish such notice

as follows:

(a) Where the prospective licensed premises are located in any county

other than New York, Kings, Queens or Bronx, notice shall be published

once a week for two successive weeks in a daily or weekly newspaper, to

be designated by the county clerk, published in the city, town or

village in which the prospective licensed premises are located, except

that if there shall be no daily or weekly newspaper published in the

city, town or village in which the prospective licensed premises are

located, then such notice shall be published in a daily or weekly

newspaper, to be designated by the county clerk, published in the county

in which the prospective licensed premises are located, once a week for

two successive weeks.

(b) Where the prospective licensed premises are located in the

counties of New York, Kings, Queens or Bronx, such notice shall be

published once a week for two successive weeks in one daily and one

weekly newspaper, to be designated by the county clerk, published in the

county in which the prospective licensed premises are located.

3. Such notice shall be printed in English, in substantially the

following form:

Form of notice for on-premises license. Notice is hereby given that

license (fill in beer, liquor or wine as the case may be, and license

number) has been applied for by the undersigned to sell (beer, liquor or

wine, as the case may be) at retail in a (hotel, club, restaurant,

vessel, car, or other type of establishment, as the case may be) under

the alcoholic beverage control law at (fill in street address, city,

town or village and county in which licensed premises are located) for

on-premises consumption.

(Name of licensee)

(Address of licensee)

4. The provisions of this section shall apply only to the application

for the original license issued to the licensee for the premises.

5. Except for good cause shown, the first publication of such notice

shall be made within ten days after the date of the submission of the

application for such license to the authority. Two original copies of

proof of such publication, in the form set forth in this subdivision

shall be obtained by the applicant for such license, who shall within

fifteen days of receipt of such original copies of such proof, submit

one original copy to the authority, and the second original copy of such

proof shall be retained by the applicant for such license. Except for

good cause shown, the authority shall not issue the license sought by

the applicant unless such proof is submitted within such fifteen-day

period. The form of proof of such publication shall be as follows:

State of New York)

) ss.:

County of .......)

.............. of ..................... being duly sworn, says that he is

............ of the publishers of the ...................... (daily) or

(weekly) newspaper (printed and) published in the (city, town, or

village and county) ......................, and that the notice of which

the annexed is a true copy, has been published in said newspaper for two

successive weeks commencing on the ............. day of

...................... 199....

.............................

Sworn to before me this ............. day

of ...................