MUNICIPAL NOTIFICATION CHANGES ‐ Effective immediately there are major changes in the 30 day advance municipal notification requirements. Some changes affect the entire state, others affect licensees in New York City and still others affect licensees outside of the five boroughs of New York City. Here is a breakdown of the changes:

STATEWIDE: Municipal notification for original on‐premises applications remains in place statewide;
All licensees must now pay the same $128.00 corporate change fee. 

OUTSIDE OF NEW YORK CITY: All alteration and license renewal notification requirements for licensees are eliminated outside of the City of New York.

NEW YORK CITY:  Substantial corporate changes (80% ownership interest or more) will now require 30 days prior notification to Community Boards for New York City licensees.  Alteration and license renewal notification requirements remain in place for New York City licensees with the exception of off‐premises licensees who will no longer need to notify Community Boards of alterations.

In anticipation of their upcoming IPO, Groupon requested a declaratory judgment from the New York State Liquor Authority (NYSLA) regarding whether there was any violation involved with having Groupon offer 50% off of alcoholic beverages at various establishments in New York.

After much deliberation, the NYSLA ruled that the 50% off offer was perfectly legal. The NYSLA stated that since customers received no more than 50% off of the retailers’ drink prices, it did not constitute a violation of the “unlimited drinks offering” prohibition.

Previously, the ABC Law required most license applicants and renewal applicants file notifications via certified mail with their local community boards a minimum of 30 days in advance of filings with the New York State Liquor Authority. Effective January 11, 2011, the types of notice that are considered legally sufficient to satisfy these notice requirements have expanded as follows: overnight delivery or personal service is added to the list of options available for new or renewal applicants for on-premises beer licenses, full on-premises liquor licenses, restaurant-brewer licenses, cabaret licenses, and on-premises wine licenses. In addition, overnight delivery is added to the list of options available for alteration applications [ABCL §99-d(1)].

The following list, while not all inclusive, will help to familiarize you with the most common violations of the NY ABC Law:
1. Sale to Minor (under 21 years old) - Section 65.1. (It is important to note that the Members of the Authority have directed that any sale to a person under 16 can result in revocation of the license, even
for a first offense.)
2. Sale to Intoxicated Person - Section 65.2.
3. Prohibited Hours of Sale - Sections 105.(a), 105.14 and 106.5.
4. Prohibited Hours of Consumption – Section 106.5.
5. Employment of a Minor - Section 100.2(a) - Bartenders, waitresses, waiters, hostesses and/or any persons who handle and receive payment for alcoholic beverages must be at least 18 years old. Bus persons and dishwashers who handle containers which have held alcoholic beverages must be at least 16 years old and must be directly supervised by someone at least 21 years old. Clerks and cashiers in liquor and/or wine stores or drug stores must be at least 18 years old. Clerks and cashiers who handle and receive payment for alcoholic beverages in grocery stores and convenience stores must be at least 16 years old and must be supervised by someone at least 18 years old.
6. Disorderly Premises (includes Gambling at on premises establishments, Lewd and Indecent conduct, Excessive Noise, Assaults, Narcotics at on premises establishments, Prostitution) - Section 106.6.
7. Gambling at establishments.
8. Narcotics at establishments.
9. Operating outside of your approved method of operation (e.g., operating as a “Bar” even though your application stated your use was going to be a “Restaurant” or use of security guards despite stating otherwise on your application, etc.).
10. Alteration of a licensed premise without approval of the Liquor Authority.
11. Minors in Licensed Establishment (According to Section 260.21 of the Penal Law, persons under the age of 16 must be accompanied by a parent or guardian to enter an on premises establishment).