Alcohol and Liquor License Attorneys in New York, NY

As alcohol and liquor license attorneys, we help people obtain and keep liquor licenses in New York. Different requirements and applications are required, depending on the type of license you need, whether off-premises, on-premises, manufacturing, or wholesale. Having an experienced alcohol and liquor license attorney beside you can minimize the time required to obtain this license.

General Requirements Prior to Applying for an Alcohol and Liquor License

Before applying for a liquor license, the applicant (if not doing business as a sole proprietor) must have a legal entity (a partnership, corporation, or LLC business registration) with an employer identification number (EIN) from the IRS. If the establishment is not doing business under the name of the legal entity, a Certificate of Assumed Name is also required.

A Sales Tax Certificate of Authority is also required prior to applying for an alcohol or liquor license. This Certificate of Authority, obtained from the New York State Department of Taxation and Finance, allows the applicant to collect sales tax from New York customers.

Location Requirements

When applying for a liquor license, the 200-foot and 500-foot locational rule must be observed.

An on-premise liquor license cannot be granted to an:

• Establishment on the same street and within 200 feet of a school church, or place of worship; and
• Establishment within 500 feet of 3 other businesses with an existing on-premise liquor license.

Types of Alcohol Licenses

There are four major types of licenses: on-premises, off-premises, manufacturing, and wholesale. Under each type of license are numerous classifications, with each classification requiring a different set of application and requirements.

On-premises licenses signify that the applicant seeks to serve and have his customers consume alcohol or liquor within his premises. Examples of these establishments are bars, restaurants, and hotels.

Off-premises licenses signify that the applicant seeks to sell but not serve the alcohol and liquor within his premises. Examples are grocery stores, liquor stores, and convenience stores.

Manufacturing licenses are licenses issued to those who produce alcohol and liquor, such as wineries, breweries, and distilleries.

Wholesale licenses are licenses issued to establishments that purchase alcohol and liquor directly from manufacturers or importers and sell them to retailers. Examples are beer wholesalers, wine importers, and the like.

Each type of license above (on-premises, off-premises, manufacturing, and wholesale) has different sub-classifications. These sub-classifications will have a different set of applications. An experienced alcohol and liquor license attorney can help you navigate the regulatory framework of alcohol and liquor licenses to ensure you save time and minimize any delay in obtaining such license.

A one-day permit may also be granted for catering and other special events.

Application for Alcohol and Liquor License

The application for an alcohol and liquor license is filed with the New York State Liquor Authority. The SLA will review the documents submitted to ensure that there are no deficiencies.

Aside from the Certificate of Authority, EIN, and registration documents, the following are also required:

• Completed SLA application form
• Lease agreement
• Floor plan of the premises
• Photos of the premises

Health Department and Community Board

If the establishment serves food to the customers, such as a restaurant, bar or diner, health department approval is required prior to applying and obtaining a liquor license.

In many cases, the applicant must also seek a favorable opinion from the local community board. Although the community board's opinion is not binding, it is persuasive and influential in SLA's decision to approve or deny the alcohol and liquor license application.

Other Considerations

The establishment must also be insured, which should include liability insurance. If there is a signage in the front of the establishment, a permit for such sign is also required.

Temporary Operating Permit

The approval of an alcohol and liquor license can take almost a half a year. However, temporary retail operating permits can be issued within 30 days or less, which is granted under SLA discretion. New businesses and retail applicants who purchased the business from an existing licensee can apply for a temporary operating retail permit. These permits are granted for a period of 90 days, which may be extended for an additional 30 days.

If your liquor license application is found deficient, you may be asked to submit additional documents or your application may be denied. Having an experienced alcohol and liquor license attorney guide you through the process can minimize the time needed to obtain the liquor license. Should you need assistance in obtaining a liquor license, we, at the law offices of Albert Goodwin, are here for you. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].