New York regulations

9 NYCRR 40.4

Executive Department

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Use of forms

Use of forms

Compiled text through Jul 31, 2022

Register checked through Jul 29, 2026

No later Register activity identified in this check.

Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Latest notice
LQR-34-15-00029-A · Adopted rule · Jan 13, 2016
Source snapshot
Jun 6, 2026
(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.

State Register activity

1 rulemaking · 2 notices

  1. Update outdated application procedures and eliminate archaic physical standards for certain licenses types.

    LQR-34-15-00029

    1. Adopted ruleLQR-34-15-00029-A

      Amendment of sections 40.3, 40.4, 46.1, 47.4, 48.4 and 65.2 of Title 9 NYCRR.

    2. Proposed ruleLQR-34-15-00029-P

      This is a consensus rule making to amend sections 40.3, 40.4, 46.1, 47.4, 48.4 and 65.2 of Title 9 NYCRR.

Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

State Register notices matched to this citation. This is Register status evidence, not compiled regulation text: a notice does not by itself amend the text shown here.

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