As part of the FY 2023 State Budget, the Alcoholic Beverage Control Law was amended to allow applicants to provide the required 30-day advanced notice to their municipality or community board via email, provided the municipality or community board elects to accept notices via email. Prior to the change in the law included in the FY 2023 State Budget, applicants were required to provide notification by: certified mail, return receipt requested; overnight delivery service with proof of mailing; or personal service upon the offices of the clerk or community board.
Background: Local governments and community boards must be notified of all on-premises license applications in their neighborhoods at least 30 days before the application is submitted to the State Liquor Authority, on this form prescribed by the SLA. Outside of New York City, the notice is sent to the clerk of the village, town or city where the proposed licensed premises is located. In New York City the notice is sent to the local community board with jurisdiction over the area where the premises would be located. On-premises licensees in New York City must additionally notify their community board 30 days in advance of filing an application to renew their license, make alterations to the premises or make substantial changes to corporate ownership.
Frequently Asked Questions Regarding Email Notifications:
Where do municipalities and community boards send proof of their receipt of e-mailed advanced 30-day notifications?
Municipalities and community boards should send proof of e-mail notifications here: [email protected].
The subject line of the e-mail should read, "E-mail proof of acceptance from community board/municipality".
The e-mail should include the applicant's name and address as listed on CB notification in addition to including a copy of the notification form.
Is my municipality/community board now required to accept notifications via mail?
No, under the new law, accepting emails as proof of advanced 30-day notification is at the discretion of the municipality or community board. Applicants are encouraged to reach out to their municipality or community board to determine whether they accept email notifications.
Can I send a copy of my email from my sent folder to the SLA as proof I notified my municipality/community board? What about a “read receipt” showing the municipality or community Board has read the notification?
No, under the new law proof of notification must be provided to the SLA in the form of an email from the municipality or community board that identifies the applicant; we cannot accept an email from the applicant showing the notification has been sent or a read receipt from the applicant.
I received an auto-generated email from my municipality/community board in response to my email notification of my intent to apply for a liquor license; does this meet the standard for notification?
No, the municipality or community board must send an email to the SLA confirming receipt of the applicant’s notice.
Can I still notify my municipality or community board by mail?
Yes, applicants may still provide proof of 30-day advanced notification to their municipality or community board by certified mail, return receipt requested; overnight delivery service with proof of mailing; or personal service upon the offices of the clerk or community board.
Where do I find the form to notify my municipality or community board that I am applying for an on-premises license?
The form can be downloaded here: municipal-notice-revised-12-31-21_0.pdf (ny.gov)