N.Y. ABC Law § 110-B — New York Code / Act ABC / Article 8 / Section 110-B
Notification to municipalities
Status: in_force

§ 110-b. Notification to municipalities.  1. Not more than two hundred\nseventy days before filing any of the following applications, an\napplicant shall notify the municipality in which the premises is located\nof such applicant's intent to file such an application:\n  (a) for a license issued pursuant to section fifty-five, fifty-five-a,\nsixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d,\nsixty-four-f, eighty-one or eighty-one-a of this chapter;\n  (b) for a renewal under section one hundred nine of this chapter of a\nlicense issued pursuant to section fifty-five, fifty-five-a, sixty-four,\nsixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f, eighty-one or\neighty-one-a of this chapter if the premises is located within the city\nof New York;\n  (c) for approval of an alteration under section ninety-nine-d of this\nchapter if the premises is located within the city of New York and\nlicensed pursuant to section fifty-five, fifty-five-a, sixty-four,\nsixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f, eighty-one or\neighty-one-a of this chapter;\n  (d) for approval of a substantial corporate change under section\nninety-nine-d of this chapter if the premises is located within the city\nof New York and licensed pursuant to section fifty-five, fifty-five-a,\nsixty-four, sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f,\neighty-one or eighty-one-a of this chapter; or\n  (e) for a temporary retail permit issued under paragraph (b) of\nsubdivision one of section ninety-seven-a of this chapter where the\nestablishment is to be licensed pursuant to section fifty-five,\nfifty-five-a, sixty-four, sixty-four-a, sixty-four-b, sixty-four-c,\nsixty-four-d, sixty-four-f, eighty-one or eighty-one-a of this chapter\nlocated in a city with a population of one million or more people. If an\napplicant subject to this paragraph shall, after filing an application\nfor a retail license and providing proper notice for such application\npursuant to paragraph (a) of this subdivision, subsequently file an\napplication for a temporary retail permit pursuant to section\nninety-seven-a of this chapter at the same premises, such applicant must\nfile additional notice pursuant to this paragraph; provided, however,\nsuch notice will be effective at the later of its proper service under\nthis section or thirty days from the date proper notice was served under\nparagraph (a) of this subdivision for the license at the same premises.\n  1-a. The proof of notification, provided for in subdivisions six and\nsix-a of this section, must be provided at the time of application;\nfailure to so provide shall constitute good cause for denial.\n  1-b. The authority may not act to approve any application subject to\nthis section prior to the passage of thirty days from the date\nnotification was provided to the municipality.\n  2. Such notification shall be made to the clerk of the village, town\nor city, as the case may be, wherein the premises is located. For\npurposes of this section:\n  (a) notification need only be given to the clerk of a village when the\npremises is located within the boundaries of the village; and\n  (b) in the city of New York, the community board established pursuant\nto section twenty-eight hundred of the New York city charter with\njurisdiction over the area in which the premises is located shall be\nconsidered the appropriate public body to which notification shall be\ngiven.\n  3. For purposes of this section, "substantial corporate change" shall\nmean:\n  (a) for a corporation, a change of eighty percent or more of the\nofficers and/or directors, or a transfer of eighty percent or more of\nstock of such corporation, or an existing stockholder obtaining eighty\npercent or more of the stock of such corporation; and\n  (b) for a limited liability company, a change of eighty percent or\nmore of the managing members of the company, or a transfer of eighty\npercent or more of ownership interest in said company, or an existing\nmember obtaining a cumulative of eighty percent or more of the ownership\ninterest in said company.\n  4. Such notification shall be made in such form as shall be prescribed\nby the rules of the liquor authority.\n  5. A municipality may express an opinion for or against the granting\nof such application. Any such opinion shall be deemed part of the record\nupon which the liquor authority makes its determination to grant or deny\nthe application.\n  6. Such notification shall be made by: certified mail, return receipt\nrequested; overnight delivery service with proof of mailing; or personal\nservice upon the offices of the clerk or community board.\n  6-a. Such notification may be made by email, provided the municipality\nor community board in which the premises is located elects to take\nservice in such form. Such an election shall be in a writing signed by\nthe authorized agent or clerk of the municipality or community board.\nProof of email service shall be provided to the authority in the form of\nan email from the municipality or community board that reasonably\nidentifies the applicant, or by other such forms of proof as determined\nby the authority.\n  7. The liquor authority shall require such notification to be on a\nstandardized form that can be obtained on the internet or from the\nliquor authority and such notification to include:\n  (a) the trade name or "doing business as" name, if any, of the\nestablishment;\n  (b) the full name of the applicant;\n  (c) the street address of the establishment, including the floor\nlocation or room number, if applicable;\n  (d) the mailing address of the establishment, if different than the\nstreet address;\n  (e) the name, address and telephone number of the attorney or\nrepresentative of the applicant, if any;\n  (f) a statement indicating whether the application is for:\n  (i) a new establishment;\n  (ii) a transfer of an existing licensed business;\n  (iii) a renewal of an existing license; or\n  (iv) an alteration of an existing licensed premises;\n  (g) if the establishment is a transfer or previously licensed\npremises, the name of the old establishment and such establishment's\nlicense serial number;\n  (h) in the case of a renewal or alteration application, the license\nserial number of the applicant; and\n  (i) the type of license.\n