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Archive for April, 2008

Apr 30 2008

TAVERN ON THE GREEN SETTLES SEX HARASSMENT SUIT

A New York City landmark restaurant recently settled a suit filed against them for sexual and racial discrimination.  The suit was filed by the EEOC against Tavern on the Green. The Commission claimed that Tavern on the Green took part in sexual and racial harassment against their female, black and Hispanic employees. Leon Drogy, a former manager at the restaurant, was reportedly particularly abusive towards female employees. “Verbally, female employees were subjected to repeated comments related to sexual positions, sexual acts and even asked for sexual favors,” says Kam S. Wong, an attorney for the commission. Drogy also reportedly harassed black and Hispanic employees, calling them “ignorant immigrants” and making fun of their accents.

A $2.2 million settlement was reached in the case, which will reportedly be distributed among more than 50 people who were the victims of the abuse.

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Apr 14 2008

THE DRAM SHOP ACT. You serve . . .you pay!

Published by Mark Stumer under Dram Shop Act, Liquor Laws

GENERAL RULE: Pursuant to New York State’s Dram Shop Act, a restaurant, bar or other commercial establishment may be held liable for the acts of their intoxicated patrons who drink and later cause injury to another.

In order to sustain a cause of action under the Dram Shop Act, a Plaintiff must show: (1) that he was injured by an intoxicated person; (2) the defendant sold to or otherwise procured liquor for the intoxicated person; and (3) the defendant thereby caused or contributed to such intoxication.

The owners of any establishment that serves alcoholic beverages would be wise to inform and advise their entire staff of the consequences that can result in serving a patron who appears intoxicated. Employees who do not know of the Dram Shop Act are likely to violate it. Additionally, an owner should adopt a strict written policy prohibiting the sale of alcohol to anyone who appears to be intoxicated and mandating termination for any employee who serves an alcoholic beverage to anyone in contravention to the policy.

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Apr 14 2008

POST THE SIGN: AVOID THE FINE.

Published by Mark Stumer under Posting Requirements

Every year restaurant and bar owners are subjected to harsh fines, both monetary and criminal, as result of failing to post various signs as required by New York State and City laws.

GENERAL RULE: Although the requirements are constantly changing, the following is a list of signs that must be displayed in customer view: Equipment Use Permit; Occupancy Sign (in establishments holding more than 75 people); Sidewalk Café License (indicating number of tables and chairs); Local law 12: Taskforce/ Resuscitation Equipment; Sign Prohibiting the Sale of Cigarettes to Minors (if cigarettes are sold on the premises); Cigarette Retail License (if cigarettes are sold on premises); Operating Permit; Choking First Aid Sign; CPR Sign: Permit to Manufacture Frozen Desserts; Sign Indicating Availability of Most Recent Inspection Report; Alcohol and Pregnancy Warning; Alcohol and Beverage Control Law; Sales Tax Certificate; Signs Designating “Smoking” and “Non-Smoking” Areas; Exit Signs (required over each exit) or Exit Directional Signs (if exit is not in clear sight); Waste Carter and Times of Refuse Removal; and Nutritional Information Pertaining to Certain Items Termed “Diet” , “Light”, or Similarly Modified Foods.

The penalties for not posting these required signs range from minor monetary fines to seizure of assets and forced business closures.

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Apr 03 2008

UNDERWATER RESTAURANT

This has absolutely nothing to do with law but I had to blog on it. It’s actually a fully submerged underwater restaurant called “Ithaa” in the Maldives and its doing very well.  I’m thinking might work just as well in New York . . .say the Hudson River.  What do you think Hanson? Ripert? Vongerichten? Batali? Any takers?

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Apr 01 2008

NYS LIQUOR AUTHORITY LICENSES: CLASSES AND FEES

LICENSE FEES: All of the license fees listed below are applicable to the counties of New York, Kings, Bronx and Queens only.  Other counties will have different fees.  All license applicants will also incur a $100.00 or $200.00 filing fee and a fee of $75.00 per fingerprint card. The fees below also only apply to one bar in the establishment. For each additional bar in the premise, add on another full license fee.

DRUG STORE BEER: Beer license for off-premises only by bonafide pharmacies (take out). This is a Three (3) year license and costs $330.00.

GROCERY STORE BEER: Beer license for off-premises only by bonafide groceries (take out). This is a Three (3) year license and costs $330.00.
 

GROCERY BEER/WINE PRODUCT: Off-premises beer license as listed above, see “Grocery Store Beer”. Additionally a “wine product” is defined as a beverage containing wine with added juice, flavoring, water, citric acid, sugar and carbon dioxide, not containing more than six percent alcohol by volume (typically referred to as “wine coolers”). This is a Three (3) year license and costs $594.00.

DRUG BEER/WINE PRODUCT: Off-premises beer license as listed above (see “Drug Store Beer/Wine Product”). Also note “Wine Product” definition under “Grocery Beer/Wine Product”. This is a Three (3) year license and costs $594.00.

EATING PLACE BEER: For on-premises (consumption on the premises) beer. Food must be prepared and served on the premises to satisfy the SLA that the sale of beer is incidental to and not the prime source of revenue for the premises. Beer may ALSO be sold for off-premises consumption (take out). This is a Three (3) year license and costs $960.00.

HOTEL BEER: A hotel is a building used for the regular feeding and lodging of guests. This may also apply to apartment situations whereupon the keeper of such hotel provides meals in a restaurant for occupants. License includes room service situations as well as sale for “off-premises” consumption (take out). This is a Three (3) year license and costs $960.00.

CLUB BEER: Does NOT refer to “nightclub” or “private” bar where the applicant wishes to restrict admission to certain classes or groups of people. A “club” refers to an organization of persons incorporated under the “Not-for-Profit Corporation” law or the “Benevolent Orders” law, and which is the owner, lessee or occupant of the building used EXCLUSIVELY for club purposes. An Alcoholic Beverage Control officer must be appointed to act as a liaison to the SLA. This license allows for consumption of beer on the premises for members and guests. This is a Three (3) year license and costs $750.00.

BALL PARK BEER: For on-premises consumption of beer at baseball parks, racetracks, and other athletic fields and stadia OTHER than those maintained by EDUCATIONAL Institutions. This is a Three (3) year license and costs $576.00.

RESTAURANT WINE: License for on-premises consumption of wine and beer in a place where food is prepared in such quantities that the sale of wine and beer is not the prime source of revenue. This is a One (1) year license and costs $480.00.

HOTEL WINE: See “Hotel Beer” for definition of “hotel”. Allows on-premises sale of wine and beer in both a restaurant in the hotel as well as room service. This is a One (1) year license and costs $480.00.

CLUB WINE: Does NOT mean “nightclub” or “private bar” designed to restrict admission to a specific group of persons, or class of people. See “Club Beer” for definition of “Club”. Allows for on-premises sale of wine or beer for club members and guests. The club must appoint an ABC officer. This is a One (1) year license and costs $375.00.

LIQUOR STORE: For the sale of liquor and wine (no beer) for consumption off the premises. The only additional items allowed to be sold, such as ice and corkscrews, are listed in the ABC Law. Only one license is allowed per person (corporation, partnership, etc.). This is a Three (3) year license and costs $4,098.00.

HOTEL LIQUOR: See “Hotel Beer” for definition of “Hotel”. Allows consumption of liquor, wine and beer on the premises, including room service. Allows for consumption off the premises, sale of beer only (not liquor or wine). The holder of an “HL” license may apply for a “Hotel Off-Premises” (HOP) permit to sell liquors and wines for off-premises consumption provided there is no liquor store in an eight mile radius. This is a Two (2) year license and costs $4,352.00.

CLUB LIQUOR: Does NOT refer to “nightclub” or “private” bar where the applicant wishes to restrict admission to a certain group or class of people. See “Club Beer” for definition of Club. License allows consumption for on the premises for liquor, wine and beer for members and guests. The club MUST appoint an ABC Officer. This is a Two (2) year license and costs $1,500.00.

CATERING ESTABLISHMENT: Allows providers of food for banquet halls, dining halls, etc., to provide liquor, wine and beer for consumption for an assemblage for a particular function (i.e. retirement dinner, wedding reception, private party) to which the general public is not admitted. This license is for this type of function only. This is a Two (2) year license and costs $2,902.00.

ON-PREMISES LIQUOR: Generally considered to be the standard “bar” license. Allows on-premises consumption of liquor, wine and beer and also allows for sale of beer (only) for off-premises consumption. Food, such as soups and sandwiches, MUST be served. This is a Two (2) year license and costs $4,352.00.

CABARET LIQUOR: For consumption on the premises, liquor, wine and beer, but for premises specializing in musical entertainment. Must have a capacity for at least 600 persons. This is a Two (2) year license and costs $4,352.00.

WINE STORE: Not to be confused with the Retail Wine Outlet for a Farm Winery. License to sell WINE ONLY (not liquor or beer) for off-premises consumption, under the same basic conditions as a Liquor Store. This is a One (1) year license and costs $640.00.

MICROBREWERY: May produce or brew up to 60,000 barrels of beer. May sell to licensees. May NOT sell to the general public without a brewer’s retail permit. May apply for an on-premises liquor license in or adjacent to the brewery. This is a One (1) year license and costs $412.50.

RESTAURANT - BREWER: Commonly referred to as a “brew pub” license. This license allows brewing of beer on-premises, as well as on-premises sale of liquor, wine and beer. The applicant must have a bonafide restaurant. The applicant may have up to five separate locations, and may produce 5,000 barrels of beer per location, not to exceed 20,000 barrels. This is a Three (3) year license and costs $5,850.00.

SUPPLEMENTAL RESTAURANT BREWER: Allows a restaurant brewer to sell for off-premises, wholesale, and outdoor gatherings, up to 250 barrels of beer a year. This is a Three (3) year license and costs $1,125.00.

TAVERN WINE: Allows sale for on-premises consumption of wine and beer. This is a One (1) year license and costs $576.00.

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