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This entry was published on 2022-04-15
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SECTION 110-B
Notification to municipalities
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 8
§ 110-b. Notification to municipalities. 1. Not less than thirty nor
more than two hundred and 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,
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, 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, 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, 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, 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.

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.