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This entry was published on 2014-09-22
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SECTION 110
Information to be requested in applications for licenses or permits
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 8
§ 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.