N.Y. Alcoholic Beverage Control Law § 114: Licenses, publication, general provisions

§ 114. Licenses, publication, general provisions. 1. All licenses

issued pursuant to this chapter shall be distinctive in color and design

so as to be readily distinguishable from each other.

2. No license shall be transferable or assignable except that

notwithstanding any other provision of law, the license of a sole

proprietor converting to corporate form, where such proprietor becomes

the sole stockholder and only officer and director of such new

corporation, may be transferred to the subject corporation if all

requirements of this chapter remain the same with respect to such

license as transferred and, further, the licensee shall transmit to the

authority, within ten days of the transfer of license allowable under

this subdivision, on a form prescribed by the authority, notification of

the transfer of such license.

3. No license shall be pledged or deposited as collateral security for

any loan or upon any other condition; and any such pledge or deposit,

and any contract providing therefor, shall be void.

4. Licenses issued under this chapter shall contain, in addition to

any further information or material to be prescribed by the rules of the

liquor authority, the following information: (a) Name of person to whom

license is issued; (b) kind of license and what kind of traffic in

alcoholic beverages is thereby permitted; (c) description by street and

number, or otherwise, of licensed premises; (d) a statement in substance

that such license shall not be deemed a property or vested right, and

that it may be revoked at any time pursuant to law.

5. There shall be printed and furnished by the liquor authority to

each licensee a statement of the causes for which licenses may be

revoked. Such statement shall be prepared by the liquor authority and

delivered to the licensee with his license or as soon thereafter as may

be practicable. Any amendments thereto shall also be sent by the liquor

authority to all licensees as soon as may be practicable after such

amendments. Failure to send such statements or changes therein, or

failure to receive the same, or any misstatement or error contained in

such statements or amendments shall, however, not be an excuse or

justification for any violation of law, or prevent, or remit, or

decrease any penalty or forfeiture therefor.

6. Before commencing or doing any business for the time for which a

license has been issued said license shall be enclosed in a suitable

wood or metal frame having a clear glass space and a substantial wood or

metal back so that the whole of said license may be seen therein, and

shall be posted up and at all times displayed in a conspicuous place in

the room where such business is carried on, so that all persons visiting

such place may readily see the same. It shall be unlawful for any person

holding a license to post such license or to permit such license to be

posted upon premises other than the premises licensed, or upon premises

where traffic in alcoholic beverages is being carried on by any person

other than the licensee, or knowingly to deface, destroy or alter any

such license in any respect. Whenever a license shall be lost or

destroyed without fault on the part of the licensee or his agents or

employees, a duplicate license in lieu thereof may be issued by the

liquor authority in its discretion and in accordance with such rules and

regulations and the payment of such fees, not exceeding five dollars, as

it may prescribe.