State Codes and Statutes

Statutes > New-york > Abc > Article-8 > 113

§  113.  Premises  for  which no license shall be granted.  1. Where a  license for any premises licensed has been revoked, the liquor authority  in its discretion may refuse to issue a license under this chapter,  for  a  period of two years after such revocation, for such licensed premises  or for any part of the building containing such  licensed  premises  and  connected therewith.    2.  In  determining  whether to issue such a license for such two year  period, in addition to any other factors  deemed  relevant,  the  liquor  authority  shall,  in  the  case of a license revoked due to the illegal  sale of alcohol to a minor, determine whether  the  proposed  subsequent  licensee has obtained such premises through an arm's length transaction,  and, if such transaction is not found to be an arm's length transaction,  the liquor authority shall deny the issuance of such license.    3. For purposes of this section, "arm's length transaction" shall mean  a sale of a fee or all undivided interests in real property, or lease of  any  part  thereof,  in the open market, between an informed and willing  buyer and seller where neither is under any compulsion to participate in  the transaction, unaffected  by  any  unusual  conditions  indicating  a  reasonable  possibility  that  the  sale  was  made  for  the purpose of  permitting the original licensee to avoid the effect of the  revocation.  The   following   sales  shall  be  presumed  not  to  be  arm's  length  transactions unless adequate  documentation  is  provided  demonstrating  that  the  sale or lease was not conducted, in whole or in part, for the  purpose of permitting the original licensee to avoid the effect  of  the  revocation:    (a) a sale between relatives;    (b) a sale between related companies or partners in a business; or    (c)  a  sale  or  lease  affected by other facts or circumstances that  would indicate that the sale or  lease  is  not  entered  into  for  the  primary  purpose of permitting the original licensee to avoid the effect  of the revocation.

State Codes and Statutes

Statutes > New-york > Abc > Article-8 > 113

§  113.  Premises  for  which no license shall be granted.  1. Where a  license for any premises licensed has been revoked, the liquor authority  in its discretion may refuse to issue a license under this chapter,  for  a  period of two years after such revocation, for such licensed premises  or for any part of the building containing such  licensed  premises  and  connected therewith.    2.  In  determining  whether to issue such a license for such two year  period, in addition to any other factors  deemed  relevant,  the  liquor  authority  shall,  in  the  case of a license revoked due to the illegal  sale of alcohol to a minor, determine whether  the  proposed  subsequent  licensee has obtained such premises through an arm's length transaction,  and, if such transaction is not found to be an arm's length transaction,  the liquor authority shall deny the issuance of such license.    3. For purposes of this section, "arm's length transaction" shall mean  a sale of a fee or all undivided interests in real property, or lease of  any  part  thereof,  in the open market, between an informed and willing  buyer and seller where neither is under any compulsion to participate in  the transaction, unaffected  by  any  unusual  conditions  indicating  a  reasonable  possibility  that  the  sale  was  made  for  the purpose of  permitting the original licensee to avoid the effect of the  revocation.  The   following   sales  shall  be  presumed  not  to  be  arm's  length  transactions unless adequate  documentation  is  provided  demonstrating  that  the  sale or lease was not conducted, in whole or in part, for the  purpose of permitting the original licensee to avoid the effect  of  the  revocation:    (a) a sale between relatives;    (b) a sale between related companies or partners in a business; or    (c)  a  sale  or  lease  affected by other facts or circumstances that  would indicate that the sale or  lease  is  not  entered  into  for  the  primary  purpose of permitting the original licensee to avoid the effect  of the revocation.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Abc > Article-8 > 113

§  113.  Premises  for  which no license shall be granted.  1. Where a  license for any premises licensed has been revoked, the liquor authority  in its discretion may refuse to issue a license under this chapter,  for  a  period of two years after such revocation, for such licensed premises  or for any part of the building containing such  licensed  premises  and  connected therewith.    2.  In  determining  whether to issue such a license for such two year  period, in addition to any other factors  deemed  relevant,  the  liquor  authority  shall,  in  the  case of a license revoked due to the illegal  sale of alcohol to a minor, determine whether  the  proposed  subsequent  licensee has obtained such premises through an arm's length transaction,  and, if such transaction is not found to be an arm's length transaction,  the liquor authority shall deny the issuance of such license.    3. For purposes of this section, "arm's length transaction" shall mean  a sale of a fee or all undivided interests in real property, or lease of  any  part  thereof,  in the open market, between an informed and willing  buyer and seller where neither is under any compulsion to participate in  the transaction, unaffected  by  any  unusual  conditions  indicating  a  reasonable  possibility  that  the  sale  was  made  for  the purpose of  permitting the original licensee to avoid the effect of the  revocation.  The   following   sales  shall  be  presumed  not  to  be  arm's  length  transactions unless adequate  documentation  is  provided  demonstrating  that  the  sale or lease was not conducted, in whole or in part, for the  purpose of permitting the original licensee to avoid the effect  of  the  revocation:    (a) a sale between relatives;    (b) a sale between related companies or partners in a business; or    (c)  a  sale  or  lease  affected by other facts or circumstances that  would indicate that the sale or  lease  is  not  entered  into  for  the  primary  purpose of permitting the original licensee to avoid the effect  of the revocation.