N.Y. Alcoholic Beverage Control Law Section 122
Continuance of business by receiver or other representative

If a corporation or copartnership holding any license or holding a permit for which an annual fee of one hundred dollars or more is prescribed by this chapter shall be dissolved, or if a receiver or assignee for the benefit of creditors be appointed therefor, or if a receiver, assignee for the benefit of creditors or a committee or conservator of the property of an individual holding any license or holding a permit for which an annual fee of one hundred dollars or more is prescribed by this chapter be appointed, during the time for which such license or permit was granted, or if a person, including a member of a copartnership, holding any license or holding a permit for which an annual fee of one hundred dollars or more is prescribed by this chapter shall die during the term for which such license or permit was given, such corporation, copartnership, receiver or assignee, or the administrator or executor of the estate of such individual, or of such deceased member of a copartnership, or a committee of the property of a person adjudged to be incompetent, or a conservator of the property of an individual, or a petition under title eleven of the United States code shall have been filed and a trustee has been appointed or the holder of the license of permit has been permitted to remain in possession without the appointment of a trustee, may continue to carry on such business upon such premises for the balance of the term for which such license or permit was effective, with the same rights and subject to the same restrictions and liabilities as if he had been the original applicant for and the original holder, or one of either of them, of such license or permit, providing the approval of the liquor authority shall be first obtained. Before continuing such business, such receiver, assignee, individual, committee, or conservator, debtor in possession, or trustee in bankruptcy shall file a statement setting forth in such form and substance as the liquor authority may prescribe the facts and circumstances by which he has succeeded to the rights of the original licensee or permittee. The liquor authority may, in its discretion, permit the continuance of such business or may refuse to do so. In the event that the authority determines to permit the continuance of the business, the license or permit shall be submitted to the authority and shall have affixed thereto a certificate in the form prescribed by the authority. For each such certificate a fee shall be paid to the liquor authority of fifty dollars by the applicant, except in the case of an off-premise beer license, such fee shall be ten dollars which shall be paid into the same fund as other license fees herein provided for.

Source: Section 122 — Continuance of business by receiver or other representative, https://www.­nysenate.­gov/legislation/laws/ABC/122 (updated Sep. 22, 2014; accessed Oct. 26, 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
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 122’s source at nysenate​.gov

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