2020 New York Laws
ABC - Alcoholic Beverage Control
Article 8 - General Provisions
113 - Premises for Which No License Shall Be Granted.

§  113.  Premises  for  which  no license shall be granted. 1. Where a
license for any premises licensed has been revoked, the liquor authority
in its discretion may refuse to issue a license under this chapter,  for
a  period of two years after such revocation, for such licensed premises
or for any part of the building containing such  licensed  premises  and
connected therewith.
  2.  In  determining  whether to issue such a license for such two year
period, in addition to any other factors  deemed  relevant,  the  liquor
authority  shall,  in  the  case of a license revoked due to the illegal
sale of alcohol to a minor, determine whether  the  proposed  subsequent
licensee has obtained such premises through an arm's length transaction,
and, if such transaction is not found to be an arm's length transaction,
the liquor authority shall deny the issuance of such license.
  3. For purposes of this section, "arm's length transaction" shall mean
a  sale  of  a  fee  of all undivided interests in real property, lease,
management agreement, or other agreement giving  the  applicant  control
over  the food and beverage at the premises, or any part thereof, in the
open market, between an informed and  willing  buyer  and  seller  where
neither  is  under  any  compulsion  to  participate in the transaction,
unaffected by any unusual conditions indicating a reasonable possibility
that the sale was made  for  the  purpose  of  permitting  the  original
licensee  to  avoid  the  effect  of the revocation. The following sales
shall be presumed not to be arm's length  transactions  unless  adequate
documentation is provided demonstrating that the sale, lease, management
agreement, or other agreement giving the applicant control over the food
and  beverage  at  the premises, was not conducted, in whole or in part,
for the purpose of permitting the original licensee to avoid the  effect
of the revocation:
  (a) a sale between relatives;
  (b) a sale between related companies or partners in a business; or
  (c) a sale, lease, management agreement, or other agreement giving the
applicant  control  over the food and beverage at the premises, affected
by other facts or circumstances  that  would  indicate  that  the  sale,
lease,  management  agreement,  or  other agreement giving the applicant
control over the food and beverage at the premises, is entered into  for
the  primary  purpose  of  permitting the original licensee to avoid the
effect of the revocation.