§ 122 — Continuance of business by receiver or other representative

New York § 122

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

Text

§ 122. Continuance of business by receiver or other representative.\nIf a corporation or copartnership holding any license or holding a\npermit for which an annual fee of one hundred dollars or more is\nprescribed by this chapter shall be dissolved, or if a receiver or\nassignee for the benefit of creditors be appointed therefor, or if a\nreceiver, assignee for the benefit of creditors or a committee or\nconservator of the property of an individual holding any license or\nholding a permit for which an annual fee of one hundred dollars or more\nis prescribed by this chapter be appointed, during the time for which\nsuch license or permit was granted, or if a person, including a member\nof a copartnership, holding any license or holding a permit for which an\nannual fee of one hundred dollars or more is prescribed by this chapter\nshall die during the term for which such license or permit was given,\nsuch corporation, copartnership, receiver or assignee, or the\nadministrator or executor of the estate of such individual, or of such\ndeceased member of a copartnership, or a committee of the property of a\nperson adjudged to be incompetent, or a conservator of the property of\nan individual, or a petition under title eleven of the United States\ncode shall have been filed and a trustee has been appointed or the\nholder of the license of permit has been permitted to remain in\npossession without the appointment of a trustee, may continue to carry\non such business upon such premises for the balance of the term for\nwhich such license or permit was effective, with the same rights and\nsubject to the same restrictions and liabilities as if he had been the\noriginal applicant for and the original holder, or one of either of\nthem, of such license or permit, providing the approval of the liquor\nauthority shall be first obtained. Before continuing such business, such\nreceiver, assignee, individual, committee, or conservator, debtor in\npossession, or trustee in bankruptcy shall file a statement setting\nforth in such form and substance as the liquor authority may prescribe\nthe facts and circumstances by which he has succeeded to the rights of\nthe original licensee or permittee. The liquor authority may, in its\ndiscretion, permit the continuance of such business or may refuse to do\nso. In the event that the authority determines to permit the continuance\nof the business, the license or permit shall be submitted to the\nauthority and shall have affixed thereto a certificate in the form\nprescribed by the authority. For each such certificate a fee shall be\npaid to the liquor authority of fifty dollars by the applicant, except\nin the case of an off-premise beer license, such fee shall be ten\ndollars which shall be paid into the same fund as other license fees\nherein provided for.\n