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Archive for the 'Liquor License' Category

Jan 28 2011

NEW YORK STATE LIQUOR AUTHORITY EASES 30 DAY NOTICE REQUIREMENT

noticePreviously, 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)].

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Dec 17 2010

NEW 20 DAY TEMPORARY PERMIT AUTHORIZED BY THE NEW YORK STATE LIQUOR AUTHORITY

On November 17, 2010, the Executive Committee of the New York State Liquor Authority authorized the issuance of a new permit to liquor license applicants. Specifically, the New York State Liquor Authority may now issue a 20 Day Temporary Letter allowing the applicant to serve for 20 days provided that they are only missing the following from their liquor license application:
1) Certificate of Authority;
2) Workers’ Compensation or Disability Insurance;
3) Newspaper Affidavit;
4) Photos showing that the applicant is ready to open; and/or
5) Surrender of the current license in effect for the premise, if any.

Presently, this new 20 Day permit policy will remain in effect until February 17, 2011 at which point it will be revisited by the Authority. 

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Nov 30 2010

MOST COMMON NY LIQUOR LICENSE VIOLATIONS


warning-drinking-prohibited-sign-3102The 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).

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Oct 30 2010

NEW LAW EXPEDITES LIQUOR SALES OUTSIDE OF NYC

unlimited_drinks_NYSLA

The law (S.6231C) which took effect in October 2010, creates a new program within the New York State Liquor Authority whereby an applicant for a liquor license can receive a temporary permit while waiting for their liquor license application to be processed. Prior to this law, an applicant could only receive a temporary permit if they are purchasing a business which already has a liquor license. The new temporary permit program will be a one year pilot program and should allow applicants to serve alcohol via the temporary permit within just weeks of applying.

The bad news . . .this new program currently applies only to applicants located OUTSIDE of New York City.

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Apr 04 2010

NYSLA SELF CERTIFICATION PROGRAM – IT WORKS!

This article is written as a follow up to my article regarding the New York State Liquor Authority Self Certification Process: http://www.restaurantlawyerblog.com/2010/01/04/liquor-licenses-granted-in-under-one-month/

In short, the process works great.  We’ve gotten conditional letters of approval for our self-certified liquor license applications within just one week from the date that we filed the applications! This allowed my clients to serve booze within just a couple of weeks of the date that I filed their application. . . a process that used to take months.  Kudos to the New York State Liquor Authority on this self certification program.

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Apr 01 2010

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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Jan 19 2010

THE 500 FOOT RULE PUBLIC INTEREST EXCEPTION

Generally, no more than three on-premise liquor licenses are permitted within 500 feet of each other. This is commonly known as the 500 Foot Rule. However, there is an exception to this Rule known as the Public Interest Exception.

If the location is subject to the 500 foot rule, and no “grandfathering” or other exception applies, the license cannot be issued unless the State Liquor Authority makes an affirmative finding that it is in the public interest to issue the license. This clearly creates a presumption that the license should not be issued. The 500 foot rule requires that the Authority consult with the municipality or community board and conduct a hearing to gather facts to determine whether the public interest would be served by issuing the license. This is commonly referred to as the “500 Foot Hearing”.

GENERAL RULE: No more than three on premise liquor licenses will be granted within 500 feet of each other unless the public interest exception applies.

When considering whether it would be in the public interest to approve the application, the Authority may consider the following:
– the number, classes and character of other licensed premises not only in the area where the proposed establishment will be located but also in the particular municipality (or subdivision of the municipality);
– whether the applicant has obtained all other necessary governmental licenses and permits;
– the effect on vehicular traffic and parking in proximity to the location;
– the impact on the existing noise level;
– the history of ABC violations and reported criminal activity at the location; and
– any other factor specified by law or regulation that would be relevant to deciding whether public convenience and advantage, as well as the public interest, would be served by approving the application.

The hearing required by the 500 foot rule is conducted before designated staff in the Authority’s four offices. The Members of the Authority have delegated to specific licensing staff the ability to approve applications when, after the hearing is conducted, there is no community opposition and no other reason for disapproval. In cases where the application is opposed by the community, the matter is referred to the Members of the Authority for determination. However, the fact that the community opposes an application does not mean that the Authority must disapprove the application. Conversely, an application may be disapproved even if the community supports it.

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Jan 04 2010

NY STATE LIQUOR AUTHORITY LIST OF ACCEPTABLE IDENTIFICATION FOR AGE VERIFICATION OF CUSTOMERS

It is a crime to sell, deliver or give away an alcoholic beverage to a person(s) less than 21 years of age in a licensed establishment. You should instruct your employees to check for proof of age before delivering an alcoholic beverage. In surveys, many underage purchasers say they were not asked for proof of age. Licensees are responsible for indirect deliveries of alcoholic beverages to underage person on or about the licensed establishment. Precautionary measures should be implemented to insure that underage persons are not obtaining alcoholic beverages through a third party. If you suspect that an alcoholic beverage is being purchased for an underage person, refuse the sale.

Acceptable forms of Identification include:

1) A valid driver’s license or non-driver identification card issued by the commissioner of motor vehicles, the federal government, any United States territory, commonwealth or possession, the District of Columbia, a state government within the United States or a provincial government of the dominion of Canada.
2) A valid passport issued by the United States government or any other country.
3) An identification card issued by the armed forces of the United States.

BE CAREFUL: Birth Certificates, college IDs or Sheriffs IDs are not acceptable proof of age.

Tips for checking valid ID documents:
Check for tampered or fake documents.
Check the date of birth on the ID.
Check information and photo on the document and compare data to the person presenting the ID.
Check the lamination for unclear edges.
Check for bumps or uneven surfaces on document.
Check for erased ink or alteration marks around the date of birth.
If NYS license, check security laminate for continuous state seal.
Ask for a second form of ID.

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Jan 04 2010

LIQUOR LICENSES GRANTED IN UNDER ONE MONTH!

On September 14, 2009, the NY State Liquor Authority implemented a program where attorneys can Self-Certify applications that they file on behalf of their clients. The Self Certification Program has been implemented to allow for the quick review of applications that are certified by an attorney to be true and accurate and comply with all statutory requirements. Only applications filed by Attorneys qualify for this program and the NYSLA is stating that applications filed pursuant to this program can be turned around in one month or less!  In order to qualify for the program:
1) ALL questions must be answered and have the correct response. If a question is not applicable to a specific application, “n/a” must be checked and the reason it is not applicable must be given. Use additional sheets to explain if necessary;
2) The application must not require Full Board determination (i.e. 500’ case with objections, new package store applications, percentage rent over 15%);
3) No one other than the applicant holds a security interest in the business;
4) Both the applicant and the attorney must sign the certification. If a partnership, all partners must sign.
This program will be in effect for a six (6) month period beginning September 14, 2009. Applications will be audited to determine if the program should remain in place.
Attorneys participating in the program must submit a monthly report (by the 10th of each month) listing the serial numbers of the applications they have filed under this program.

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Jan 03 2010

NEW YORK’S ALCOHOLIC BEVERAGE CONTROL LAW

To access the Laws of New York please click on the following link and select ABC from the menu.

Consolidated Laws

Article 1 – Short Title; definitions. (Sections 1-3)

Article 2 – Liquor Authority. (Sections 10-19)

Article 4 – Special Provisions relating to Beer. (Sections 50-57-a)

Article 4-A – Special Provisions relating to cider. (Sections 58-59)

Article 5 – Special Provisions relating to liquor. (Sections 60-67)

Article 6 – Special Provisions relating to wine.  (Sections 75-85)

Article 7 – Special permits. (Sections 90-99-g)

Article 8 – General provisions. (Sections 100-130)

Article 9 – Local option. (Sections. 140-147)

Article 10 – Special provisions. (Sections 150-155)

Article 11 – Miscellaneous provisions.  (Sections 160-164)

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