Trust Stipulation For Retail Applicants - New York State Liquor Authority

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Trust Stipulation for Retail Applicants
230
Applicant Name:
Serial Number:
The undersigned, with intent and knowledge that the New York State Liquor Authority will rely thereon, hereby
represents and agrees as follows:
1. The Trust is irrevocable.
2. The Trust is not interested, directly or indirectly, in the manufacturing or wholesale of alcoholic beverages; or
in any business devoted wholly or partially to the manufacturing or wholesale of any alcoholic beverage
(except where specifically allowed by the Alcoholic Beverage Control Laws (“ABCL”)).
3. The Trustees are not interested, directly or indirectly, in the manufacturing or wholesale of alcoholic
beverages; or in any business devoted wholly or partially to the manufacturing or wholesale of any alcoholic
beverage (except where specifically allowed by the ABCL).
4. All Trustees are of legal age to be licensed by the New York State Liquor Authority under the laws of the State
of New York.
5. No Trustee has ever been convicted of a crime addressed by the provisions of Section 126 of the ABCL, and
he or she may not remain as Trustee if he or she is ever convicted of such a crime, unless a certificate of relief
from disabilities, and an affidavit explaining the details of the conviction, have been reviewed and explicitly
approved in writing by the Authority.
6. No Trustee is a police officer, as is defined within Section 128 of the ABCL, and no Trustee will become a
police officer as long as he or she still serves as a Trustee. Any Trustee that becomes a police officer will be
immediately removed as a Trustee of the Trust.
7. No Trustee will be removed as Trustee unless an application for such removal is submitted, and approved in
writing, by the New York State Liquor Authority. In the event of a Trustee’s resignation, removal by court
order, or death, the licensee will notify the Authority within ten (10) days and promptly submit an application
for removal and, if necessary, the appointment of a new Trustee.
8. No Trustee will be added or removed from the Trust unless an application for such additional or removal is
submitted, and approved in writing, by the Authority. All future Trustees will be required to meet all the
requirements set forth within this Trust Stipulation.
9. There will be no transfer of interest in a licensed entity to or from the Trust until and unless an application is
approved, in writing, by the New York State Liquor Authority.
10. It is explicitly stipulated and agreed that the beneficiaries, whether individually or collectively, have no control
over the investment and management of the Trust and its assets, nor any control over the Trustees or the
Trustees’ ownership and administration of the Trust assets.
11. The information provided on the attached Trust Disclosure Form is true, complete, and accurate.
12. All the representations and agreements herein contained shall continue during the entirety of the license
period, and continue during all renewals of the license.
The licensee’s failure to operate the licensed
premises in accordance with these statements and representations may result in revocation of any license for
which this stipulation was submitted. Any false statement or misrepresentation will constitute cause for
disapproval of the application, or revocation, or non-renewal of any license for which this stipulation is
submitted.
________________________________________________
________________________
Date
Signature of Trustee
________________________________________________
________________________
Date
Signature of Trustee
_________________________________________________
________________________
Date
Signature of Attorney
Trust Stipulation Retail – rev. 032817

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