NYC Food, Beverage & Entertainment Events

Free Seminar:  Why Lawyers Kill Commercial Real Estate Deals and How to Spot a Bad Deal in Advance
When:  Wednesday, March 15, 2017 from 5:30pm – 7:00pm
Where:  NYC Small Business Solutions, 110 William Street, New York, NY (7th Floor Boardroom)
Seminar Description: Are you tired of spending countless hours showing a property and negotiating a deal, only to have lawyers get involved and kill the transaction?  How can this be avoided?  This seminar is designed to assist commercial real estate brokers identify problematic deal terms before their time is wasted.  The seminar will focus on:

• Is your ‘non-binding’ letter of intent actually binding?
• How to properly structure a letter of intent for various transactions (e.g. sale, lease, investment)
• Identifying hidden lease expenses (i.e.

This Thursday August 28, 2014 from 5:30 to 7:30 p.m. I’ll be giving a seminar in the Restaurant Management Bootcamp 2.0 Series that is hosted by NYC Small Business Solutions.  The Course Description is copied below:

Restaurant Management Bootcamp 2.0: Legal Considerations when Opening a Bar or Restaurant
An insider look at tips, tricks, and best practices to start your first restaurant in NYC, presented by Restaurant Attorney James D. DiPasquale.  To start and run a successful restaurant you must understand many different legal considerations which make operating in New York City, particularly unique.  Whether you are a new or existing restaurant owner, this special follow-up to the Restaurant Management Bootcamp class will help you gain a deeper understanding of all of the basic requirements to get your business up and running.

Many media outlets jumped on a (false) report that brunch deals which include unlimited drinks within a certain time period are illegal in New York City. This news shocked New York's die-hard brunch fans, but the panic quickly ceased when the media noted shortly thereafter that the deals aren't actually illegal. So, New York City brunch-goers are free to have their fill of weekend afternoon mimosas after all. More importantly, the city's restaurants aren't in violation of state law when they host brunch specials that include alcoholic beverages.

What caused this so-called panic? The New York Hospitality Alliance posted a reminder on its website recently that simply read: “NYC restaurant and nightlife operators should familiarize themselves with the law," in reference to N.Y. 117-A, which prohibits “selling, serving, delivering or offering to patrons an unlimited number of drinks during any set period of time for a fixed price.”

This law was created more than five years ago in response to complaints that restaurants and bars were over-serving patrons, leading to extreme intoxication, Business Insider reports. 

As discussed in a recent NY Times article written by David Steitfeld, a study conduced by Harvard Business School found that restaurants that were able to increase their rankings on Yelp by one star saw an increase in revenues by 5-9%.  It is no surprise that higher ratings on review sites like Yelp have the ability to draw in more crowds, but are some business owners going too far to get that extra star? New York Attorney General Eric Schneiderman thinks so, and he is taking action.

Mr. Scheiderman led a yearlong investigation to track down companies that are paid to create fake reviews (known as “astroturfing”), as well as the business owners who hired these companies. So far, 19 companies have been ordered to pay $350,000 in penalties for these misleading practices.

I. All Night Permits

Establishments that currently have an active license to sell alcohol at retail on their premises (“on premise license”) may apply for a special “all night permit.” An all night permit allows licensees to remain open until 8:00 a.m., and is most commonly used for New Year’s Eve parties.  Before the State Liquor Authority will issue this special permit, certain conditions must be met.

Firstly, the State Liquor Authority must receive the application for an all night permit no later than 45 days prior to the date of the event. For New Year’s Eve, the application deadline is quickly approaching on November 16^th.  The applicant must also notify the local police department or county sheriff’s department of their intention to apply for the special permit, and any restrictions or conditions (aside from closing time) that the licensee must adhere to under their normal license will still apply.

The State Liquor Authority will consider any past or pending disciplinary actions against the establishment when deciding whether to grant the all night permit.

On Monday, September 23, 2013 from 3:00 to 5:00 p.m., I’ll be teaching the Restaurant Management Bootcamp 2.0 Series which is hosted by NYC Small Business Solutions.  The Course Description is copied below:

Restaurant Management Bootcamp 2.0: Legal Considerations of Opening a Bar or Restaurant in NYC.

An insider look at tips, tricks, and best practices to start your first restaurant in NYC, presented by Restaurant Attorney James D. DiPasquale.  To start and run a successful restaurant you must understand many different legal considerations which make operating in New York City, particularly unique.  Whether you are a new or existing restaurant owner, this special follow-up to the Restaurant Management Bootcamp class will help you gain a deeper understanding of all of the basic requirements to get your business up and running.

A case filed in federal court this week brings up some important issues for bar and restaurant owners to consider. Are you legally permitted to play music at your establishment? If you do so without prior approval or licensure (from the Artists themselves), you may face large penalties.  Even if you legally purchase music from iTunes, you are still prohibited from playing your downloaded music without obtaining the appropriate music distribution license; this is because your use of the music is for a “commercial purpose” rather than personal enjoyment. This is also true if you have a cover band play at your establishment. 

“Commercial purpose” or “commercial use” is defined as any use of a copyrighted song that somehow helps a person earn money. It is assumed that restaurant and bar owners play music at their places of business to draw in crowds, and thus, to earn money. 

In association with NYC Business Solutions, the DiPasquale Law Group will be providing a free seminar for restaurant owners on issues relating to the New York City Health Code on July 15, 2013 between 5:30 p.m. and 7:30 p.m.  The seminar will focus on (1) preparing for your inspection, (2) monitoring the inspection process, and (3) preparing for and defending yourself before OATH.  You can register for the course by either: (a) emailing an RSVP to fchavez@nycbusiness-solutions.com with your Full Name, Email, Phone and Business Information, or (b) by registering directly through NYC Business Solutions at:  http://www.nyc.gov/html/sbs/nycbiz/html/summary/courses.shtml

The 2011 Bar & Wine Show will return to the Jacob Javits Center on June 28^th and June 29^th and will have over 300 exhibitors on hand marketing their new spirits, wine, beer, bar supplies, furniture and much more.  According to promoters, the Bar & Wine Show will feature both a cocktail contest and the ‘largest flair bartender competition’ on the planet.  Advanced admission is $40 while admission after June 20^th is $50 and must be paid at the door.  More information can be found at:  http://www.newyorkbarshow.com/index.php?loc=attendee