2023 New York Laws › ABC - Alcoholic Beverage Control › Article 8 - General Provisions › 110 - Information to Be Requested in Applications for Licenses or Permits.

§  110.  Information  to  be requested in applications for licenses or
permits. 1. The following  shall  be  the  information  required  on  an
application for a license or permit:
(a) A statement of identity as follows:
(i)  If  the  applicant  is an individual, his name, date and place of
birth, citizenship, permanent home address, telephone number and  social
security  number, as well as any other names by which he has conducted a
business at any time.
(ii) If the applicant is a corporation,  the  corporate  name  of  the
applicant, its place of incorporation, its main business address (and if
such  main  business address is not within the state, the address of its
main place of business within the state), other names by  which  it  has
been  known or has conducted business at any time, its telephone number,
its  federal  employer  identification  number,  and  the  names,  ages,
citizenship, and permanent home addresses of its directors, officers and
its  shareholders  (except  that  if there be more than ten shareholders
then those shareholders holding ten percent or more of any class of  its
shares).
(iii)  If  the applicant is a partnership, its name, its main business
address (and if such main business address is not within the state,  the
address  of its main place of business within the state), other names by
which it has been known or has  conducted  business  at  any  time,  its
telephone  number,  its  federal employer identification number, and the
names, ages, citizenship, and permanent home addresses of  each  of  its
partners.
(b)  A  statement identifying the street and number of the premises to
be licensed, if the premises have a street  and  number,  and  otherwise
such  description  as  will  reasonably  indicate  the locality thereof;
photographs, drawings or other items related to the  appearance  of  the
interior or exterior of such premises, and a floor plan of the interior,
shall  be  required.  The  applicant  shall also state the nature of his
interest in the premises; and the name of any other person interested as
a partner, joint venturer, investor or lender with the applicant  either
in the premises or in the business to be licensed.
(c)  A  description  of  any  other alcohol beverage license or permit
under this chapter or any other alcoholic beverage  control  law  which,
within  the  past  ten  years,  the  applicant  (including any officers,
directors, shareholders or partners listed in the statement of  identity
under  paragraph  (a)  of  this  subdivision  or  the spouse of any such
person) or the applicant's spouse held or applied for.
(d) A statement that such applicant or the applicant's spouse has  not
been  convicted  of  a  crime addressed by the provisions of section one
hundred twenty-six of this article  which  would  forbid  the  applicant
(including  any  officers, directors, shareholders or partners listed in
the statement of identity under paragraph (a) of this subdivision or the
spouse of such person) or the applicant's spouse to traffic in alcoholic
beverages, a statement whether  or  not  the  applicant  (including  any
officers, directors, shareholders or partners listed in the statement of
identity  under  paragraph  (a) of this subdivision or the spouse of any
such person) or the applicant's  spouse  is  an  official  described  in
section  one  hundred twenty-eight of this article, and a description of
any  crime  that  the  applicant  (including  any  officers,  directors,
shareholders  or partners listed under paragraph (a) of this subdivision
or the spouse of any such person) or the  applicant's  spouse  has  been
convicted  of and whether such person has received a pardon, certificate
of good conduct or certificate of relief  from  disabilities;  provided,
however,  that  no  person  shall  be  denied  any license solely on the

grounds  that  such  person  is  the  spouse  of  a   person   otherwise
disqualified from holding a license under this chapter.
(e)  A  statement  that  the location and layout of the premises to be
licensed does not violate any requirement of this  chapter  relating  to
location and layout of licensed premises, with a copy of the certificate
of occupancy for the premises.
(f) A statement indicating the type of establishment to be operated at
the  premises.  Such  statement shall indicate the occurrence of topless
entertainment  and/or  exotic  dancing  whether  topless  or  otherwise,
including,  but  not  limited  to,  pole dancing and lap dancing, at the
establishment.
(g) A statement that the applicant has control of the premises  to  be
licensed  by  ownership of a fee interest or via a leasehold, management
agreement, or other agreement giving the applicant control over the food
and beverage at the premises, with a  term  at  least  as  long  as  the
license  for  which  the  application  is  being  made,  or by a binding
contract to acquire the same and a statement of identity under paragraph
(a) of this subdivision for the lessor of any leasehold, manager of  any
management  agreement,  or  other agreement giving the applicant control
over the food and beverage at the premises, with a copy  of  the  lease,
contract,  management agreement, or other agreement giving the applicant
control over the food and beverage at the premises, or  deed  evidencing
fee ownership of the premises.
(h)  A  financial statement adequate to show all persons who, directly
or  indirectly  have  an  economic  interest  in  the  establishment  or
acquisition  of the business for which the license or permit application
is being made, to identify the sources of funds to be  applied  in  such
establishment  or  acquisition, and to describe the terms and conditions
governing such establishment with copies of such financial documents  as
the authority may reasonably require.
(i)  The fingerprints of the applicants. Fingerprints submitted by the
applicants shall be transmitted to  the  division  of  criminal  justice
services and may be submitted to the federal bureau of investigation for
state and national criminal history record checks.
2. All license or permit applications shall be signed by the applicant
(if an individual), by an officer (if a corporation), or by all partners
(if a partnership). Each person signing such application shall verify it
or affirm it as true under the penalties of perjury.
3. All license or permit applications shall be accompanied by a check,
draft  or  other  forms  of  payment  as  the  authority  may require or
authorize in the amount required by this chapter  for  such  license  or
permit.
4.  If there be any change, after the filing of the application or the
granting of a license, in any of the facts required to be set  forth  in
such application, a supplemental statement giving notice of such change,
cost and source of money involved in the change, duly verified, shall be
filed  with  the authority within ten days after such change. Failure to
do so shall, if willful and deliberate, be cause for revocation  of  the
license.
5.  In  giving  any  notice,  or  taking  any action in reference to a
licensee of a  licensed  premises,  the  authority  may  rely  upon  the
information  furnished  in  such  application  and  in  any supplemental
statement connected therewith, and such information may be  presumed  to
be correct, and shall be binding upon a licensee or licensed premises as
if   correct.    All  information  required  to  be  furnished  in  such
application or supplemental statements shall be deemed material  in  any
prosecution for perjury, any proceeding to revoke, cancel or suspend any

license,  and  in  the  authority's determination to approve or deny the
license.
6.  The  authority  may  in its discretion waive the submission of any
category of information described in this section for  any  category  of
license  or permit, provided that it shall not be permitted to waive the
requirement for submission of any such category  of  information  solely
for  an  individual applicant or applicants and provided further that no
waiver of paragraph (f) of subdivision one  of  this  section  shall  be
made.
7.  The  authority  may,  by  rule,  adopt  additional  categories  of
information  which  may  be  reasonably  necessary  to  carry  out   the
provisions of this section.