9 NYCRR Part 40 - Executive Department

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Source version current through Jul 31, 2022

All 6 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 40.1 - Application forms

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: LQR-13-15-00002-A · Adopted rule
Related notice published: Aug 12, 2015
Related notice effective date: Aug 12, 2015

The Liquor Authority will prescribe the form and manner of filing of applications for renewal of licenses. No application will be accepted except on the forms and in the manner prescribed by the Liquor Authority and unless accompanied by the documents hereinafter prescribed.

9 NYCRR 40.2 - Earlier source heading: [Repealed]

Related State Register notice: Adopted rule LQR-13-15-00002-A. Published Aug 12, 2015. Notice effective date: Aug 12, 2015.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: LQR-13-15-00002-A · Adopted rule
Related notice published: Aug 12, 2015
Related notice effective date: Aug 12, 2015

Current section text is not available here.

9 NYCRR 40.3 - Date for filing

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: LQR-34-15-00029-A · Adopted rule
Related notice published: Jan 13, 2016
Related notice effective date: Jan 13, 2016

(a)Applications for the renewal of licenses must be filed within the period prescribed by the Liquor Authority, as set forth in the instructions accompanying the renewal advisory mailed to licensees.

(b)No application for the renewal of a license will be accepted more than 30 days after the expiration of the preceding license period, except for good cause shown.

9 NYCRR 40.4 - Use of forms

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: LQR-34-15-00029-A · Adopted rule
Related notice published: Jan 13, 2016
Related notice effective date: Jan 13, 2016

(a)Renewal application forms must be used in the following instances:

(1)Generally. Where there has been no change in the licensee, the location of premises, or the type of license, and there will be no such change at the commencement of the new license period.

(2)Dissolution of partnership. Where one or more members of a partnership licensee are retiring from the partnership at the commencement of the new license period, and the remaining partners intend to continue the business after that date. In such cases, the renewal application must be accompanied by an endorsement application, signed by the outgoing and the remaining partners. The renewal application must be executed by all the remaining partners.

(3)Death of a licensee.

(i)Where the licensee, or one of the members of a licensed partnership dies before the renewal application is filed, and a certificate of endorsement under section 122 of the law (Alcoholic Beverage Control Law) has been applied for and issued, the renewal application must then be made out to conform to the endorsement certificate.

(ii)Where the licensee, or a member of a licensed partnership dies after the renewal application has been filed, the zone office must be immediately notified and instructions thereafter issued by the zone office must be followed.

(b)Renewal application forms may not be used under the following circumstances:

(1)Sale of the licensed business from an individual or corporation to another individual or corporation.

(2)Formation of a new partnership or the addition of a new member to an existing partnership.

In each of the above cases an original form of application must be filed on a form and in a manner as designated by the authority.

9 NYCRR 40.5 - Documents which must accompany the application

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

Each application for the renewal of a license must be accompanied by the following:

(a)Check, draft or any method authorized by section 114-a of the Alcoholic Beverage Control Law for the required fee.

(b)Appropriate bond issued by an approved surety company.

(c)Certificate authorizing use of trade name, duly certified; unless applicant is not conducting business under a trade name, or if such certificate has been previously filed with the Liquor Authority.

9 NYCRR 40.6 - Earlier source heading: [Repealed]

Related State Register notice: Adopted rule LQR-33-17-00009-A. Published Nov 15, 2017. Notice effective date: Nov 15, 2017.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: LQR-33-17-00009-A · Adopted rule
Related notice published: Nov 15, 2017
Related notice effective date: Nov 15, 2017

Current section text is not available here.

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