How to “revive” an application disapproved due to pending revocation proceedings

If an alcoholic beverage license application is disapproved because of a pending revocation proceeding, that is, that disapproval was not made on the merits of the application and was without prejudice, the applicant can make a written request to the New York State Liquor Authority for a review of the disapproved application within 20 days after the determination of the revocation proceeding. The review will be made by the full Board at a public meeting.

The request for review should be filed with the State Liquor Authority at the appropriate Zone Office and should state that the representations made by the applicant and all other facts contained in the application and records accompanying the application remain unchanged (or should set forth any changes).

The request for review must be forwarded by the Zone Office to the Secretary of the Authority, together with the disapproved folder and the disciplinary action folder, and then presented to the Members of the Authority in the same manner as any other request for review. This process can take 2-12 weeks in typical case depending on how full the calendar is at the time the request is presented.

This procedure does not apply (1) where, in the judgment of the Licensing Board, the completed revocation hearing will be presented to the Members of the Authority for determination within a short period of time (not exceeding twenty days), or (2) where the revocation proceeding alleges that the licensee has ceased to operate a bona fide premises. In such instances, the application should be held in abeyance and presented to the Members of the Authority simultaneously with the completed revocation proceeding.

If the license fee has not been refunded to the applicant, no further fee shall be required. If refund has been made, the appropriate fee for the application being considered shall be paid to the Authority. No additional filing fee is required for the request for review. (Divisional Order # 589-A, January 30, 1990).