N.Y. Alcoholic Beverage Control Law § 110-b: Notification to municipalities

§ 110-b. Notification to municipalities. 1. Not more than two hundred

seventy days before filing any of the following applications, an

applicant shall notify the municipality in which the premises is located

of such applicant's intent to file such an application:

(a) for a license issued pursuant to section fifty-five, fifty-five-a,

sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d,

sixty-four-f, eighty-one or eighty-one-a of this chapter;

(b) for a renewal under section one hundred nine of this chapter of a

license issued pursuant to section fifty-five, fifty-five-a, sixty-four,

sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f, eighty-one or

eighty-one-a of this chapter if the premises is located within the city

of New York;

(c) for approval of an alteration under section ninety-nine-d of this

chapter if the premises is located within the city of New York and

licensed pursuant to section fifty-five, fifty-five-a, sixty-four,

sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f, eighty-one or

eighty-one-a of this chapter;

(d) for approval of a substantial corporate change under section

ninety-nine-d of this chapter if the premises is located within the city

of New York and licensed pursuant to section fifty-five, fifty-five-a,

sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f,

eighty-one or eighty-one-a of this chapter; or

(e) for a temporary retail permit issued under paragraph (b) of

subdivision one of section ninety-seven-a of this chapter where the

establishment is to be licensed pursuant to section fifty-five,

fifty-five-a, sixty-four, sixty-four-a, sixty-four-b, sixty-four-c,

sixty-four-d, sixty-four-f, eighty-one or eighty-one-a of this chapter

located in a city with a population of one million or more people. If an

applicant subject to this paragraph shall, after filing an application

for a retail license and providing proper notice for such application

pursuant to paragraph (a) of this subdivision, subsequently file an

application for a temporary retail permit pursuant to section

ninety-seven-a of this chapter at the same premises, such applicant must

file additional notice pursuant to this paragraph; provided, however,

such notice will be effective at the later of its proper service under

this section or thirty days from the date proper notice was served under

paragraph (a) of this subdivision for the license at the same premises.

1-a. The proof of notification, provided for in subdivisions six and

six-a of this section, must be provided at the time of application;

failure to so provide shall constitute good cause for denial.

1-b. The authority may not act to approve any application subject to

this section prior to the passage of thirty days from the date

notification was provided to the municipality.

2. Such notification shall be made to the clerk of the village, town

or city, as the case may be, wherein the premises is located. For

purposes of this section:

(a) notification need only be given to the clerk of a village when the

premises is located within the boundaries of the village; and

(b) in the city of New York, the community board established pursuant

to section twenty-eight hundred of the New York city charter with

jurisdiction over the area in which the premises is located shall be

considered the appropriate public body to which notification shall be

given.

3. For purposes of this section, "substantial corporate change" shall

mean:

(a) for a corporation, a change of eighty percent or more of the

officers and/or directors, or a transfer of eighty percent or more of

stock of such corporation, or an existing stockholder obtaining eighty

percent or more of the stock of such corporation; and

(b) for a limited liability company, a change of eighty percent or

more of the managing members of the company, or a transfer of eighty

percent or more of ownership interest in said company, or an existing

member obtaining a cumulative of eighty percent or more of the ownership

interest in said company.

4. Such notification shall be made in such form as shall be prescribed

by the rules of the liquor authority.

5. A municipality may express an opinion for or against the granting

of such application. Any such opinion shall be deemed part of the record

upon which the liquor authority makes its determination to grant or deny

the application.

6. Such notification shall be made by: certified mail, return receipt

requested; overnight delivery service with proof of mailing; or personal

service upon the offices of the clerk or community board.

6-a. Such notification may be made by email, provided the municipality

or community board in which the premises is located elects to take

service in such form. Such an election shall be in a writing signed by

the authorized agent or clerk of the municipality or community board.

Proof of email service shall be provided to the authority in the form of

an email from the municipality or community board that reasonably

identifies the applicant, or by other such forms of proof as determined

by the authority.

7. The liquor authority shall require such notification to be on a

standardized form that can be obtained on the internet or from the

liquor authority and such notification to include:

(a) the trade name or "doing business as" name, if any, of the

establishment;

(b) the full name of the applicant;

(c) the street address of the establishment, including the floor

location or room number, if applicable;

(d) the mailing address of the establishment, if different than the

street address;

(e) the name, address and telephone number of the attorney or

representative of the applicant, if any;

(f) a statement indicating whether the application is for:

(i) a new establishment;

(ii) a transfer of an existing licensed business;

(iii) a renewal of an existing license; or

(iv) an alteration of an existing licensed premises;

(g) if the establishment is a transfer or previously licensed

premises, the name of the old establishment and such establishment's

license serial number;

(h) in the case of a renewal or alteration application, the license

serial number of the applicant; and

(i) the type of license.