2012 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 8 - (100 - 131) GENERAL PROVISIONS
110-B - Notification to municipalities.

 
    §  110-b. Notification to municipalities. 1. Not less than thirty 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.