2023 New York Laws › ABC - Alcoholic Beverage Control › Article 8 - General Provisions › 110-B - Notification to Municipalities.

§  110-b. Notification to municipalities. 1. Not more than two hundred
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.
1-a. The proof of notification, provided for in subdivisions  six  and
six-a  of  this  section,  must  be provided at the time of application;
failure to so provide shall constitute good cause for denial.
1-b. The authority may not act to approve any application  subject  to
this  section  prior  to  the  passage  of  thirty  days  from  the date
notification was provided to the municipality.
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.