2019 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.