Legislation

Search OpenLegislation Statutes
This entry was published on 2019-04-19
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 110-A
Notice of application for certain licenses to be published by applicant
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 8
§ 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 ...................