§ 110 — Information to be requested in applications for licenses or permits

New York § 110

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

Text

§ 110. Information to be requested in applications for licenses or\npermits. 1. The following shall be the information required on an\napplication for a license or permit:\n (a) A statement of identity as follows:\n (i) If the applicant is an individual, his name, date and place of\nbirth, citizenship, permanent home address, telephone number and social\nsecurity number, as well as any other names by which he has conducted a\nbusiness at any time.\n (ii) If the applicant is a corporation, the corporate name of the\napplicant, its place of incorporation, its main business address (and if\nsuch main business address is not within the state, the address of its\nmain place of business within the state), other names by which it has\nbeen known or has conducted business at any time, its telephone number,\nits federal employer identification number, and the names, ages,\ncitizenship, and permanent home addresses of its directors, officers and\nits shareholders (except that if there be more than ten shareholders\nthen those shareholders holding ten percent or more of any class of its\nshares).\n (iii) If the applicant is a partnership, its name, its main business\naddress (and if such main business address is not within the state, the\naddress of its main place of business within the state), other names by\nwhich it has been known or has conducted business at any time, its\ntelephone number, its federal employer identification number, and the\nnames, ages, citizenship, and permanent home addresses of each of its\npartners.\n (b) A statement identifying the street and number of the premises to\nbe licensed, if the premises have a street and number, and otherwise\nsuch description as will reasonably indicate the locality thereof;\nphotographs, drawings or other items related to the appearance of the\ninterior or exterior of such premises, and a floor plan of the interior,\nshall be required. The applicant shall also state the nature of his\ninterest in the premises; and the name of any other person interested as\na partner, joint venturer, investor or lender with the applicant either\nin the premises or in the business to be licensed.\n (c) A description of any other alcohol beverage license or permit\nunder this chapter or any other alcoholic beverage control law which,\nwithin the past ten years, the applicant (including any officers,\ndirectors, shareholders or partners listed in the statement of identity\nunder paragraph (a) of this subdivision or the spouse of any such\nperson) or the applicant's spouse held or applied for.\n (d) A statement that such applicant or the applicant's spouse has not\nbeen convicted of a crime addressed by the provisions of section one\nhundred twenty-six of this article which would forbid the applicant\n(including any officers, directors, shareholders or partners listed in\nthe statement of identity under paragraph (a) of this subdivision or the\nspouse of such person) or the applicant's spouse to traffic in alcoholic\nbeverages, a statement whether or not the applicant (including any\nofficers, directors, shareholders or partners listed in the statement of\nidentity under paragraph (a) of this subdivision or the spouse of any\nsuch person) or the applicant's spouse is an official described in\nsection one hundred twenty-eight of this article, and a description of\nany crime that the applicant (including any officers, directors,\nshareholders or partners listed under paragraph (a) of this subdivision\nor the spouse of any such person) or the applicant's spouse has been\nconvicted of and whether such person has received a pardon, certificate\nof good conduct or certificate of relief from disabilities; provided,\nhowever, that no person shall be denied any license solely on the\ngrounds that such person is the spouse of a person otherwise\ndisqualified from holding a license under this chapter.\n (e) A statement that the location and layout of the premises to be\nlicensed does not violate any requirement of this chapter relating to\nlocation and layout of licensed premises, with a copy of the certificate\nof occupancy for the premises.\n (f) A statement indicating the type of establishment to be operated at\nthe premises. Such statement shall indicate the occurrence of topless\nentertainment and/or exotic dancing whether topless or otherwise,\nincluding, but not limited to, pole dancing and lap dancing, at the\nestablishment.\n (g) A statement that the applicant has control of the premises to be\nlicensed by ownership of a fee interest or via a leasehold, management\nagreement, or other agreement giving the applicant control over the food\nand beverage at the premises, with a term at least as long as the\nlicense for which the application is being made, or by a binding\ncontract to acquire the same and a statement of identity under paragraph\n(a) of this subdivision for the lessor of any leasehold, manager of any\nmanagement agreement, or other agreement giving the applicant control\nover the food and beverage at the premises, with a copy of the lease,\ncontract, management agreement, or other agreement giving the applicant\ncontrol over the food and beverage at the premises, or deed evidencing\nfee ownership of the premises.\n (h) A financial statement adequate to show all persons who, directly\nor indirectly have an economic interest in the establishment or\nacquisition of the business for which the license or permit application\nis being made, to identify the sources of funds to be applied in such\nestablishment or acquisition, and to describe the terms and conditions\ngoverning such establishment with copies of such financial documents as\nthe authority may reasonably require.\n (i) The fingerprints of the applicants. Fingerprints submitted by the\napplicants shall be transmitted to the division of criminal justice\nservices and may be submitted to the federal bureau of investigation for\nstate and national criminal history record checks.\n 2. All license or permit applications shall be signed by the applicant\n(if an individual), by an officer (if a corporation), or by all partners\n(if a partnership). Each person signing such application shall verify it\nor affirm it as true under the penalties of perjury.\n 3. All license or permit applications shall be accompanied by a check,\ndraft or other forms of payment as the authority may require or\nauthorize in the amount required by this chapter for such license or\npermit.\n 4. If there be any change, after the filing of the application or the\ngranting of a license, in any of the facts required to be set forth in\nsuch application, a supplemental statement giving notice of such change,\ncost and source of money involved in the change, duly verified, shall be\nfiled with the authority within ten days after such change. Failure to\ndo so shall, if willful and deliberate, be cause for revocation of the\nlicense.\n 5. In giving any notice, or taking any action in reference to a\nlicensee of a licensed premises, the authority may rely upon the\ninformation furnished in such application and in any supplemental\nstatement connected therewith, and such information may be presumed to\nbe correct, and shall be binding upon a licensee or licensed premises as\nif correct. All information required to be furnished in such\napplication or supplemental statements shall be deemed material in any\nprosecution for perjury, any proceeding to revoke, cancel or suspend any\nlicense, and in the authority's determination to approve or deny the\nlicense.\n 6. The authority may in its discretion waive the submission of any\ncategory of information described in this section for any category of\nlicense or permit, provided that it shall not be permitted to waive the\nrequirement for submission of any such category of information solely\nfor an individual applicant or applicants and provided further that no\nwaiver of paragraph (f) of subdivision one of this section shall be\nmade.\n 7. The authority may, by rule, adopt additional categories of\ninformation which may be reasonably necessary to carry out the\nprovisions of this section.\n