N.Y. Alcoholic Beverage Control Law Section 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Where a license for any premises licensed has been revoked, the liquor authority in its discretion may refuse to issue a license under this chapter, for a period of two years after such revocation, for such licensed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.

Source: Section 113 — Premises for which no license shall be granted, https://www.­nysenate.­gov/legislation/laws/ABC/113 (updated Sep. 22, 2014; accessed Mar. 23, 2024).

100
Alcoholic beverages generally
101
Manufacturers and wholesalers not to be interested in retail places
101–AA
Terms of sale
101–AAA
Terms of sale
101–B
Unlawful discriminations prohibited
102
General prohibitions and restrictions
103
Provisions governing manufacturers
104
Provisions governing wholesalers
104–A
Provisions governing vendors
105
Provisions governing licensees to sell at retail for consumption off the premises
105–A
Sale of beer at retail on Sunday
105–B
Posting of certain signs
106
Provisions governing licensees to sell at retail for consumption on the premises
106–A
Notice of arrest and convictions
106–B
Provisions for governing sports facilities operators and retail licenses to sell at certain sporting events for consumption on premises
107
Advertising and forms of notices of the issuance of licenses
107–A
Labeling containers of alcoholic beverages
108
Restrictions upon licensees
109
Renewals of licenses and permits
110
Information to be requested in applications for licenses or permits
110–A
Notice of application for certain licenses to be published by applicant
110–B
Notification to municipalities
110–C
Public license query
111
License to be confined to premises licensed
112
Bonds of licensees and permittees
113
Premises for which no license shall be granted
114
Licenses, publication, general provisions
114–A
License or permit issuance and registration approval
115
Rules need not be uniform
116
Deliveries of alcoholic beverages
117
Transportation of alcoholic beverages
117–A
Unlimited drink offerings prohibited
117–B
Possession or use of alcohol vaporizing devices prohibited
118
Revocation of licenses for cause
119
Procedure for revocation or cancellation
120
Decisions by liquor authority
120–A
Corporate change
121
Review by courts
122
Continuance of business by receiver or other representative
123
Injunction for unlawful manufacturing, sale or consumption of liquor, wine or beer
124
Liquor authority to be necessary party to certain proceedings
125
Disposition of moneys received for license fees
126
Persons forbidden to traffic in alcoholic beverages
127
Surrender and cancellation of licenses
127–A
Surrender and cancellation of permits
127–B
Payment of refunds on special permits and notice to police officers
127–C
Refunds on licenses and permits erroneously or unlawfully cancelled, revoked or suspended
127–D
Refunds on over-payment of fees
128
Certain officials not to be interested in manufacture or sale of alcoholic beverages
128–A
Police officers allowed to work in licensed premises in certain cases
128–B
Police officers allowed to serve as an officer of a volunteer firefighters’ organization
128–C
Police officers allowed to serve as an officer of veterans’ organization
129
Surrender of license
130
Penalties for violations of chapter
131
New York alcoholic beverage control problem premises task force

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 113’s source at nysenate​.gov

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