With a wealth of industry experience, we know the issues faced by restaurants, bars, taverns, nightclubs and other alcohol-licensed establishments throughout Manhattan, Brooklyn, Queens and the Bronx. We help clients get their New York State liquor license, and defend our clients if they are ever accused of a liquor license violation of New York's Alcohol and Beverage Control Law. Because we are trial attorneys by training, we have helped hundreds of clients defend against charges relating to their liquor licenses by governmental agencies.
Our clients include:
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Restaurants
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Bars
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Taverns
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Nightclubs
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Cabarets
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Convention Centers
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Hotels and Motels
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Package and Convenience Stores
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Entertainment Industry Vendors and Suppliers
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Wholesale Providers
In New York the alcoholic beverage industry is regulated at three levels of government (local, state and federal). At each level, law enforcement officials monitor businesses for compliance under an assortment of laws, regulations and ordinances. If a business violates these laws, it could face penalties ranging from a fine to the revocation of its liquor license. Businesses are entitled to an attorney in most administrative hearing processes. We can provide consultations on optimal organizational format and risk management techniques.
Applying For A New York State Liquor License
The process of obtaining a liquor license is lengthy and complex. We can help clarify this process by educating you on the requirements to get your liquor license as well as any restrictions or local conditions (i.e. distances from similarly licensed premises, houses of worship, schools, etc.) that may prevent you from obtaining a liquor license in the first place. We will then discuss the different categories of liquor licenses (i.e. beer & wine, liquor, etc.) and what the procedures are for each. We’ll then collect the necessary information required to complete the application and assist you in taking those extra (but often not explained), steps that many community boards like to see before they vote to approve your application. When you do appear before a community board, we will be there with you and ensure that you are fully prepared for the process. If the New York State Liquor Authority requires a personal appearance, we too will attend. It is this level of personal involvement that distinguishes the DiPasquale Law Group from other attorneys. We genuinely care about our clients and will do everything to educate you on the relevant rules and regulations governing your liquor license so that you can avoid any potential issues after you are in business.
Attorney Self-Certification Program For Liquor License Applications
New York State Liquor Authority permits attorneys to self-certify liquor license applications which, as you can imagine, dramatically speeds up the process of obtaining your liquor license. The DiPasquale Law Group is often able to self-certify liquor license applications and have a decision on your application within three weeks. Without an attorney certification, the process can take up to several months.
Transferring a Liquor License In New York
The DiPasquale Law Group is experienced and knowledgeable in all aspects of the liquor license approval and transfer processes. If you close your restaurant or simply relocate it, we will gather and prepare the required forms and documents to transfer your liquor license from your existing restaurant, bar, tavern or nightclub, to your new location. During the transfer process, it is likely that the State Liquor Authority will issue a temporary permit which will enable you to continue operating under your existing liquor license for a period of 90 days or until the transfer application is approved.
If you want to transfer your existing liquor license, or desire to purchase an existing liquor license from another business, we can help with the transfer process and most likely can obtain a 90 day grant for you to open your business under the seller’s liquor license until your application is fully approved. Note, this usually requires that the buyer purchase the existing assets of the seller’s business.
Types of Liquor Licenses
OP = Full liquor license which permits on premises consumption of all types of alcoholic beverages. Also permits sale of beer for off premises consumption.
HL = Hotel liquor license which permits on premises consumption of all types of alcoholic beverages.
CL = Club liquor license which permits on premises consumption of all types of alcoholic beverages to members of club and their guests.
RW = Restaurant Wine liquor license that permits the on premises consumption of wine and beer.
EB = Eating Place Beer liquor license that permits the on premises consumption of beer.
L = Liquor store license which permits sale of liquor and wine for off premises consumption.
A/DS = Grocery store/drug store liquor license which permits sale of beer for off premises consumption.
AX/DX = Grocery store/drug store liquor license which permits sale of beer and wine coolers for off premises consumption.
New York State Liquor License Violations – State Liquor Authority
Unfortunately, as a restaurant, bar, tavern or nightclub owner, you may face a liquor license violation issued by the State Liquor Authority at one point or another. Most violations can be avoided with a little due diligence. The most common liquor license violations include: (a) sale of alcohol to a minor, (b) sale of alcohol to an intoxicated person, (c) maintaining a disorderly premises, (d) sale of alcohol during prohibited hours, (e) gambling, and (f) illegal employment of a minor.
If you are accused of violating a provision of the Alcohol and Beverage Control Law, the State Liquor Authority may initiate disciplinary proceedings against you. If that happens, the SLA will issue you a Notice of Pleading that will outline the charges against you. At that point, you have three options.
1. Enter a plea of No Contest, which basically means that you admit to the facts underlying the charges and accept the liquor license violation. This plea permits you to set forth mitigating circumstances to minimize your penalty exposure.
2. Enter a Conditional Plea, which permits you to negotiate for a limited penalty. If you are denied the negotiated penalty, your plea is vacated.
3. Enter a plea of Not Guilty. By entering a Not Guilty plea, your matter will be scheduled for a hearing before an Administrative Law Judge where you will be permitted to present evidence and call witnesses on your behalf. If at the end of your hearing, you are found to be guilty of the charged liquor license violations, the penalties can include any one of the following:
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Revocation – termination of your liquor license along with a two year ban on reapplying for a new liquor license.
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Cancellation – termination of your liquor license. No ban on the re-issuance of liquor license within two years.
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Suspension – prohibition of the sale of alcoholic beverages for a designated period.
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Civil penalty - monetary fine.
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Bond Claim - a claim made against your surety bond.
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Proscription - prohibits the issuance of a liquor license to the licensee or any person seeking to operate at the licensed premises for a period of two years. Requires revocation of the licensee’s liquor license.
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Summary Suspension - under the State Administrative Procedure Act, a State agency is authorized to summarily suspend a liquor license when the agency finds that public health, safety, or welfare imperatively requires emergency action.
If you are a looking to obtain a liquor license for any restaurant, bar, tavern or nightclub in Manhattan, Brooklyn, Queens or the Bronx, or if you are in need of legal representation to fight a liquor license violation issued by New York's State Liquor Authority, call the DiPasquale Law Group for a free consultation.
Please call Attorney James DiPasquale at (646) 343-4607, for a free consultation.
DIPASQUALE LAW GROUP
James D. DiPasquale, Principal |