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)].

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. 

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).

The new 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.