§ 114 — Licenses, publication, general provisions

New York § 114

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 8: General Provisions

Text

§ 114. Licenses, publication, general provisions. 1. All licenses\nissued pursuant to this chapter shall be distinctive in color and design\nso as to be readily distinguishable from each other.\n 2. No license shall be transferable or assignable except that\nnotwithstanding any other provision of law, the license of a sole\nproprietor converting to corporate form, where such proprietor becomes\nthe sole stockholder and only officer and director of such new\ncorporation, may be transferred to the subject corporation if all\nrequirements of this chapter remain the same with respect to such\nlicense as transferred and, further, the licensee shall transmit to the\nauthority, within ten days of the transfer of license allowable under\nthis subdivision, on a form prescribed by the authority, notification of\nthe transfer of such license.\n 3. No license shall be pledged or deposited as collateral security for\nany loan or upon any other condition; and any such pledge or deposit,\nand any contract providing therefor, shall be void.\n 4. Licenses issued under this chapter shall contain, in addition to\nany further information or material to be prescribed by the rules of the\nliquor authority, the following information: (a) Name of person to whom\nlicense is issued; (b) kind of license and what kind of traffic in\nalcoholic beverages is thereby permitted; (c) description by street and\nnumber, or otherwise, of licensed premises; (d) a statement in substance\nthat such license shall not be deemed a property or vested right, and\nthat it may be revoked at any time pursuant to law.\n 5. There shall be printed and furnished by the liquor authority to\neach licensee a statement of the causes for which licenses may be\nrevoked. Such statement shall be prepared by the liquor authority and\ndelivered to the licensee with his license or as soon thereafter as may\nbe practicable. Any amendments thereto shall also be sent by the liquor\nauthority to all licensees as soon as may be practicable after such\namendments. Failure to send such statements or changes therein, or\nfailure to receive the same, or any misstatement or error contained in\nsuch statements or amendments shall, however, not be an excuse or\njustification for any violation of law, or prevent, or remit, or\ndecrease any penalty or forfeiture therefor.\n 6. Before commencing or doing any business for the time for which a\nlicense has been issued said license shall be enclosed in a suitable\nwood or metal frame having a clear glass space and a substantial wood or\nmetal back so that the whole of said license may be seen therein, and\nshall be posted up and at all times displayed in a conspicuous place in\nthe room where such business is carried on, so that all persons visiting\nsuch place may readily see the same. It shall be unlawful for any person\nholding a license to post such license or to permit such license to be\nposted upon premises other than the premises licensed, or upon premises\nwhere traffic in alcoholic beverages is being carried on by any person\nother than the licensee, or knowingly to deface, destroy or alter any\nsuch license in any respect. Whenever a license shall be lost or\ndestroyed without fault on the part of the licensee or his agents or\nemployees, a duplicate license in lieu thereof may be issued by the\nliquor authority in its discretion and in accordance with such rules and\nregulations and the payment of such fees, not exceeding five dollars, as\nit may prescribe.\n