2013 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 8 - (100 - 131) GENERAL PROVISIONS
122 - Continuance of business by receiver or other representative.


NY Alcoh Bev Ctrl L § 122 (2012) What's This?
 
    § 122. Continuance  of  business  by receiver or other representative.
  If a corporation or copartnership  holding  any  license  or  holding  a
  permit  for  which  an  annual  fee  of  one  hundred dollars or more is
  prescribed by this chapter shall be  dissolved,  or  if  a  receiver  or
  assignee  for  the  benefit  of creditors be appointed therefor, or if a
  receiver, assignee for the  benefit  of  creditors  or  a  committee  or
  conservator  of  the  property  of  an individual holding any license or
  holding a permit for which an annual fee of one hundred dollars or  more
  is  prescribed  by  this chapter be appointed, during the time for which
  such license or permit was granted, or if a person, including  a  member
  of a copartnership, holding any license or holding a permit for which an
  annual  fee of one hundred dollars or more is prescribed by this chapter
  shall die during the term for which such license or  permit  was  given,
  such   corporation,   copartnership,   receiver   or  assignee,  or  the
  administrator or executor of the estate of such individual, or  of  such
  deceased  member of a copartnership, or a committee of the property of a
  person adjudged to be incompetent, or a conservator of the  property  of
  an  individual,  or  a  petition under title eleven of the United States
  code shall have been filed and a  trustee  has  been  appointed  or  the
  holder  of  the  license  of  permit  has  been  permitted  to remain in
  possession without the appointment of a trustee, may continue  to  carry
  on  such  business  upon  such  premises for the balance of the term for
  which such license or permit was effective, with  the  same  rights  and
  subject  to  the same restrictions and liabilities as if he had been the
  original applicant for and the original holder,  or  one  of  either  of
  them,  of  such  license or permit, providing the approval of the liquor
  authority shall be first obtained. Before continuing such business, such
  receiver, assignee, individual, committee,  or  conservator,  debtor  in
  possession,  or  trustee  in  bankruptcy  shall file a statement setting
  forth in such form and substance as the liquor authority  may  prescribe
  the  facts  and circumstances by which he has succeeded to the rights of
  the original licensee or permittee. The liquor  authority  may,  in  its
  discretion,  permit the continuance of such business or may refuse to do
  so. In the event that the authority determines to permit the continuance
  of the business, the  license  or  permit  shall  be  submitted  to  the
  authority  and  shall  have  affixed  thereto  a certificate in the form
  prescribed by the authority. For each such certificate a  fee  shall  be
  paid  to  the liquor authority of fifty dollars by the applicant, except
  in the case of an off-premise  beer  license,  such  fee  shall  be  ten
  dollars  which  shall  be  paid into the same fund as other license fees
  herein provided for.

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