N.Y. Comp. Codes R. & Regs. tit. 9 § 40.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 40.4 - Use of forms

(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 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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 40.4

Amended New York State Register January 13, 2016/Volume XXXVIII, Issue 02, eff.1/13/2016