COVID-19

Force majeure is a contractual provision that excuses a party’s performance if an unforeseeable event prevents them from fulfilling their obligations under the agreement.  Not all agreements (especially lease agreements) contain these provisions, but some of them do.  Landlords frequently object to the inclusion of these provisions for practical reasons.  However, that does not mean that you are without recourse if your agreement lacks such a provision.  I’ll discuss that below.
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As of this morning, the NYS Liquor Authority is permitting all On-Premises licenses to sell and deliver beer, wine and liquor.  This is a significant departure from the prior restriction limiting the sale and delivery to only beer.  Additionally, if you are overstocked, you are now permitted to return for a credit any and all alcohol purchased from March 1st.  

We know that these are uncertain and overwhelming times for many of our clients but we just wanted to let you know that we remain available to help in any way we can.  We are doing our best to try and gather information on resources and options that are available to our clients  as clearly this is a new scenario and measures are being enacted on both the city and state level to assist some of the businesses forced to cease normal operations.