http://www.restaurantlawyerblog.com Mark B. Stumer & Associates Fri, 22 Jan 2010 17:53:22 +0000 http://backend.userland.com/rss092 en 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.  Its now January 4, 2010 and I've gotten conditional letters of approval for my self-certified liquor license applications within just a few days ... http://www.restaurantlawyerblog.com/2010/01/22/nysla-self-certification-process-it-works/ There are a two ways to buy a restaurant in New York. You can do it by purchasing the ownership shares of the seller or you can purchase the assets of the seller. Each has its advantages and disadvantages in New York but an asset purchase is almost always more ... http://www.restaurantlawyerblog.com/2010/01/20/how-to-buy-a-restaurant-in-new-york/ 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.   For more info on the 500 Foot Rule, See: http://www.restaurantlawyerblog.com/2009/02/02/liquor-license-the-500-foot-rule/  If the ... http://www.restaurantlawyerblog.com/2010/01/19/the-500-foot-rule-public-interest-exception/ They both afford the owner(s) the advantage of limited liability and are both pass through entities for tax purposes (i.e. The entities both declare their profits and losses on the individual owner’s tax returns without the need for the entity to pay a separate tax for such income). Given the ... http://www.restaurantlawyerblog.com/2010/01/06/choosing-the-restaurant-entity-should-i-form-an-llc-or-s-corporation/ To receive a Cabaret license, you must first request a Fire Department inspection of your premises. If the inspection results are positive, you will be notified and permitted to submit your application within 60 days of receiving such notice. If you fail to submit your application within the 60-day period, the ... http://www.restaurantlawyerblog.com/2010/01/04/how-to-obtain-a-cabaret-license-in-ny/ 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 ... http://www.restaurantlawyerblog.com/2010/01/04/ny-liquor-authority-acceptable-identification-for-age-verification-of-customers/ 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 ... http://www.restaurantlawyerblog.com/2010/01/04/liquor-licenses-granted-in-under-one-month/ 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 ... http://www.restaurantlawyerblog.com/2010/01/03/new-yorks-alcoholic-beverage-control-law/ BYOB, or “Bring Your Own Bottle,” where owners of establishments allow their customers to bring alcoholic beverages to their premises to be consumed on site, is NOT PERMITTED in unlicensed businesses in New York State unless the Certificate of Occupancy for the premise is for less than 20 people. GENERAL RULE: ... http://www.restaurantlawyerblog.com/2010/01/02/byob-not-legal-in-new-york/ What are the minimum requirements for eligibility to hold a license? Applicants must be US citizens or have permanent resident alien status. In some cases, citizens of countries with reciprocal trade agreements may apply. Applicants must be 21 or older. Applicants must not be convicted felons (unless they have a ... http://www.restaurantlawyerblog.com/2010/01/01/ny-liquor-license-facts/