N.Y. Comp. Codes R. & Regs. tit. 9 § 114.6

Current through Register Vol. 46, No. 36, September 4, 2024

Section 114.6 - Transferability, License Amendment and Change in Ownership or Control

(a) Licenses issued under this Part shall be effective only for the licensee and shall specify the following information:

(1) name of the licensee;

(2) address of the real property, or if applicable the online retailer website, where the licensed activities may take place;

(3) date of issuance;

(4) date of expiration;

(5) license number; and

(6) list of activities the licensee is permitted to perform under the license.

(b) Licenses shall not be transferable or assignable without prior written approval of the office including, without limitation, to another licensee. A change in majority ownership or controlling interest in the license or person holding the license, shall constitute a transfer of the license.

(c) To obtain approval from the office for the transfer of a license, a transferee must submit an application to the office, in a manner prescribed by the office, demonstrating an ability to operate the license in compliance with this Part, along with an application fee pursuant to section 114.2 or 114.3, as applicable.

(d) The office may deny an application for transfer of a license if the application fails to demonstrate that the transferee will comply with all of the requirements of this Part, or if the licensee has a record of poor performance, meaning two or more violations pursuant to section 114.17 of this Part, within the past two-years.

(e) A licensee may amend a license to add or delete permitted activities or change the location of a licensed facility by submitting a written request to the office along with an application fee pursuant to section 114.2 or 114.3, as applicable.

(f) A request to add permitted activities shall be reviewed by the office in accordance with section 114.4 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 114.6

Adopted New York State Register November 24, 2021/Volume XLIII, Issue 47, eff. 11/24/2021

Amended New York State Register December 13, 2023/Volume XLV, Issue 50, eff. 12/13/2023