At The Lawyer James, our attorneys have many years of experience working with New York City restaurants, and if a restaurant sells alcohol, you can rest assured that they will benefit from a liquor license attorney New York. Why is this important? For several reasons. But, before we get started, and you probably already know this, but the governing body here is called the SLA, which stands for the State Liquor Authority. Now, here are the reasons (as well as important factors when applying for a liquor license in New York).
First, it’s important to distinguish between or among the available types of liquor licenses. On a very general level, there are “on premises” licenses, which are for places like restaurants, bars, hotels, that is, where you consume the liquor “on premises.” There are also “off premises” liquor licenses, where you guess what, consume liquor “off premises.” And there are also manufacturing licenses, where you manufacture liquor.
For purposes of this article, we will primarily talk about “on premises” licenses. This is because we lead off at the top with a discussion about restaurants and our restaurant experience, so it flows naturally that we will talk about “on premises” liquor licenses. We can help with all types of liquor licenses, but now I will primarily talk about “on premises” licenses.
Second, it’s important to note the location of the premises. This is done on a very super local level, especially in New York. What I mean by that is depending on the location, there are distance requirements from churches and other places of worship, and schools. The local requirements can differ from neighborhood to neighborhood, and block to block. It’s important to get a knowledgeable liquor license attorney New York to help you navigate through this and other nuances. Generally, there’s what’s called the “200 foot rule,” which means that the establishment needs to be at least 200 feet away from a school or place of worship. There’s also a “500 foot rule,” which means that generally speaking, when there are other similar establishments in the area, they need to be 500 feet apart. As with almost every rule, there are exceptions. Note also the permitted hours of operation, and special event permit availability for say early morning sports events that are during “normal” hours in day Europe, but are televised during early morning or other “odd” hours in New York.
Third, this is a basic point, but nevertheless an important one, and it’s that New York liquor license applicants normally need to be at least twenty-one (21) years of age, and a citizen of the United States of America.
Fourth, it is often a requirement (particularly in New York City), and under those circumstances where it is not, it’s generally good practice for you, or if you have a liquor license attorney New York, for that attorney, to notify the local board or municipality thirty (30) days before filing your application. The best practice here is to send a letter and follow up with a phone call where possible, and follow any other instructions required by the particular board or municipality. Sometimes, if the requirement is not thirty (30) days in advance of your application, it’s contemporaneous notification.
Fifth, make sure you gather and have all of your documentation in order. This includes: (a) your corporate formation and corporate governance documents (certificate of formation or certificate of incorporation, and have handy your limited liability company operating agreement and any shareholder and revenue share agreements); (b) your real property lease for the premises, or if you own the premises, a copy of the deed and contract of sale; c a diagram and a floor plan of the premises, showing the location of bars, tables, lounge areas, kitchen (if serving food), entrances and exists, as well as any other required or pertinent information; (d) proof of tax registration, including for sales tax; (e) completed questionnaires for owners and officers; (f) the correct application forms. A liquor license attorney New York will help you with all of this.
Sixth, once all information is gathered together, it gets submitted to the SLA, usually online. This is a step in the process that we take care of for you, and it also requires you to pay for the application fee – and costs of the application vary; and there are additional attorney fees as well to help guide you through the process. And, there are annual fees as well. We can discuss these with you.
Seventh, once the application is filed, it generally takes between 22-26 weeks for the review process, although times vary. This means it can take longer, and you should prepare for that. In some cases, temporary or provisional permits may be issued while the full license is pending. Sometimes, if the 500 foot rule applies, i.e., your business is within 500 feet of another liquor selling establishment, the community board or municipality may hold a hearing, and may issue a recommendation after hearing your case – this usually happens during the 30-day notice period.
Eighth, if and when you are approved, you will receive your license. Congratulations! If there are conditions imposed by the SLA, you will need to follow them. In addition, be sure to comply with hours and signage requirements. Obviously, do not serve minors.
Ninth, just know that there are ongoing compliance requirements. For instance, your license will be subject to periodic renewals. A liquor license attorney New York, like us, can help you with both the application process and ensuring that your are in compliance once you receive your license.
Tenth, be sure to update the SLA if there is a change in control of the business’s corporate structure, if there are new officers or directors, change in ownership, or location.
This last point raises a very important issue. As long as the entity remains the same, a purchaser can come in and typically operate and keep the same license. However, there are very strict requirements by the SLA. For starters, the seller must maintain operational control of the business unless and until the new owner is approved. And the new owner has to go through an application process, which typically is a lot shorter than if applying for a new license.
Call us. And we can see if we are a good fit to be your liquor license attorney New York. (212) 500-1891.