If you have an interest in opening a bar, nightclub, tavern or any other business that sells alcohol, it is possible for you to find yourself in a crossroad with laws and regulations. You need guidance from a liquor licensing and permitting lawyer who is conversant with the hospitality industry and knows a lot about the Alcohol Beverage Control Laws for you to obtain a license.
Types of liquor licenses
Liquor licenses in the USA are grouped into two. On-premises (OP) license allows for the on-premises consumption of alcoholic drinks as follows.
• HL- this is the alcoholic beverages license for hotels.
• RW- wines and beer license for the restaurant.
• OP- alcoholic beverages license for liquor. It also allows the sale of beer for off-premises consumption.
• Cl- alcoholic beverages license for clubs.
• EB- Eating place beer license.
The off-premises license allows for off-premises consumption of alcoholic beverages as follows:
• L- License that allows the sale of wine and liquor for a liquor store.
• A/DS- drug store or grocery store license allowing the sale of beer.
• AX/DX- drug store or grocery license permitting the sale of beer and wine coolers.
The legal requirements for a retail liquor license
The requirements for a retail liquor license applicant in New York State are:
• Age 21 or older
• US citizen or a permanent resident alien status
• No felony convictions.
• Not an officer with arresting powers.
Location may make your application denied. Your premises should not be within 200 feet of a synagogue, school, church or any place that is used for worship. Other reasons that may make your license denied include:
• Failure to disclose any criminal past.
• Failure to record residential past
• Not disclosing the source of funds.
• Missing or incomplete information
Which body that controls liquor?
The department of consumer protection liquor has been given the mandate of controlling the sale of liquor, enforcement of liquor laws and licensing of places selling liquor. It manages and regulates all the persons and firms that are involved in the distribution, dispersion, and sale of alcoholic liquor. It helps to prevent the sale of alcohol to minors and any intoxicated individual, guarantee product integrity and ensure that licensed business premises are safe.
The Liquor Division regulates the following businesses:
• Caterers who are serving liquor
• Private clubs that are serving liquor
• Package stores
• Grocery stores that have beer permits
• Restaurants that are allowed to hold liquor licenses
• Wholesalers, manufacturers, and wine distributors
It is essential for you to observe the laws of New York State Liquor Authority, once you have been issued a license. Failure to do so can lead to possible revocation and citations of your liquor license.
Why you should hire a liquor licensing and permitting lawyer
Getting an experienced legal advice on an issue related to alcohol licensing is of benefit to those clients whose business depends on liquor beer and wine sale. The requirements of licensing in each state are different. Legal requirements to issues related to licensing of beverages are available from attorneys and law firms.
At Spodek Law Group, we will thoroughly explain the legal processes of liquor licensing for your business, and we will also ensure that it goes smoothly. If you want to serve alcohol at your hotel or restaurant, package store or sell beer at a grocery store or get a day permit to sell alcoholic drinks at a charity event, you should call us; we can help. Our experienced liquor licensing and permitting lawyers will ensure that you understand the legal requirements that surround this industry, and they will also ensure that you are aware of the possible consequences should you violate any of them.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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