N.Y. Alcoholic Beverage Control Law Section 114
Licenses, publication, general provisions


1.

All licenses issued pursuant to this chapter shall be distinctive in color and design so as to be readily distinguishable from each other.

2.

No license shall be transferable or assignable except that notwithstanding any other provision of law, the license of a sole proprietor converting to corporate form, where such proprietor becomes the sole stockholder and only officer and director of such new corporation, may be transferred to the subject corporation if all requirements of this chapter remain the same with respect to such license as transferred and, further, the licensee shall transmit to the authority, within ten days of the transfer of license allowable under this subdivision, on a form prescribed by the authority, notification of the transfer of such license.

3.

No license shall be pledged or deposited as collateral security for any loan or upon any other condition; and any such pledge or deposit, and any contract providing therefor, shall be void.

4.

Licenses issued under this chapter shall contain, in addition to any further information or material to be prescribed by the rules of the liquor authority, the following information:

(a)

Name of person to whom license is issued;

(b)

kind of license and what kind of traffic in alcoholic beverages is thereby permitted;

(c)

description by street and number, or otherwise, of licensed premises;

(d)

a statement in substance that such license shall not be deemed a property or vested right, and that it may be revoked at any time pursuant to law.

5.

There shall be printed and furnished by the liquor authority to each licensee a statement of the causes for which licenses may be revoked. Such statement shall be prepared by the liquor authority and delivered to the licensee with his license or as soon thereafter as may be practicable. Any amendments thereto shall also be sent by the liquor authority to all licensees as soon as may be practicable after such amendments. Failure to send such statements or changes therein, or failure to receive the same, or any misstatement or error contained in such statements or amendments shall, however, not be an excuse or justification for any violation of law, or prevent, or remit, or decrease any penalty or forfeiture therefor.

6.

Before commencing or doing any business for the time for which a license has been issued said license shall be enclosed in a suitable wood or metal frame having a clear glass space and a substantial wood or metal back so that the whole of said license may be seen therein, and shall be posted up and at all times displayed in a conspicuous place in the room where such business is carried on, so that all persons visiting such place may readily see the same. It shall be unlawful for any person holding a license to post such license or to permit such license to be posted upon premises other than the premises licensed, or upon premises where traffic in alcoholic beverages is being carried on by any person other than the licensee, or knowingly to deface, destroy or alter any such license in any respect. Whenever a license shall be lost or destroyed without fault on the part of the licensee or his agents or employees, a duplicate license in lieu thereof may be issued by the liquor authority in its discretion and in accordance with such rules and regulations and the payment of such fees, not exceeding five dollars, as it may prescribe.

Source: Section 114 — Licenses, publication, general provisions, https://www.­nysenate.­gov/legislation/laws/ABC/114 (updated Sep. 22, 2014; accessed Dec. 21, 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‑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
111‑A
Use of contiguous and non-contiguous municipal public space for on-premises alcoholic beverage sales by certain licensees
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:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 114’s source at nysenate​.gov

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