NY Alcoh Bev Ctrl L § 110-B (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 8 - General Provisions 110-B - Notification to Municipalities.

§  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; or  (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.   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.   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.