Preliminarily, there are many different types of liquor licenses that one can obtain in New York. This article focuses on licenses for retail sales for on or off premises consumption.
Obtaining a liquor license in New York is no easy task. Although the state liquor authority maintains a general policy of wanting to promote business and to issue licenses, the process is long. It begins with you (hopefully) hiring a lawyer. While I am certain that you can probably complete the application and submit it on your own successfully, it is unlikely that a person who is not familiar with the ins and outs of the liquor authority can go through this process efficiently and without significant frustration.
Fundamentally, the licensing process is one of fitness review and information gathering. The liquor authority is attempting to determine whether the applicant or principals of the applicant are persons to whom they are willing to entrust the liquor license (there is a list of specific persons not eligible, but the liquor authority also has significant discretion), and whether the premises themselves are fit to house a business with a liquor license. While engaging in that inquiry, the liquor authority gathers a substantial amount of information from applicants.
The process for obtaining a liquor license depends on the type of applicant that will hold the license. An applicant that desire to sells liquor for off premises consumption will have different licensing requirements than an applicant that desire to sells liquor for on premises consumption. For applicants that desire to sell liquor for off premises consumption, the application process begins with the state liquor authority to which the applicant must submit all information requested in the appropriate application (there are different applications depending on the type of premises). For applicants that desire to sell liquor for consumption on premises, the application process begins with the local community board, to which a 30-day notice of intention to file an application for a liquor license must be sent before the application may even be sent to the liquor authority. Oftentimes, the community board is the most important player with respect to applicants desiring to sell liquor for on premises consumption, because the liquor authority will respect whatever the community board says with respect to whether they recommend approval of the liquor license or not. Some community boards do not participate in the process at all, in which case the entire decision whether to grant the license falls squarely on the SLA’s shoulders.
Even though the liquor authority gathers a substantial amount of information about the applicant, there are aspects of the application that are particularly important to the SLA, two of which are the financial disclosure and the personal questionnaire (you may consider going to the liquor authority’s website and looking at one of the retail applications to see what I am referring to). These forms seem rather simple and straightforward, but the liquor authority is extremely serious about collecting thorough and complete responses with respect to both forms. Both need to be reviewed and completed very carefully. This is one reason why you really should work with a legal professional in obtaining your liquor license.
All applicants should plan to submit with their application materials letters of support from the community. These are letters from individuals who live nearby or in the same building and from local community organizations, including churches. These letters substantially bolster your likelihood of obtaining the license.
After the application is submitted, it is reviewed for completeness by SLA employees. If there is information missing, they will request it in writing and require that it be submitted by a set deadline, which if not met may result in denial of the application. Then there is a lot of waiting.
Applicants seeking to sell liquor for off premises consumption experience scrutiny similar to applicants seeking to sell liquor for on premises consumption, but are not subject to the more stringent inquiry that may occur with an applicant seeking to sell liquor for on premises consumption if the premises are located within 500 feet of three or more establishments with the same type of license (this does not apply to applicants for beer and wine licenses). If an applicant seeking to sell liquor for on premises consumption is within 500 feet of three or more establishments with the same type of license, then they will need to plan to attend a “500 foot hearing” with the liquor authority explaining why it is in the public interest to issue the license (the statute prohibits the issuance of a license if there are three or more establishments with the same license sought by the applicant located within 500 feet of the applicant’s proposed premises). This hearing is relatively straightforward, but it requires substantial preparation in order for it to go smoothly.
No license can be granted to an applicant whose premises is located within 200 feet of a school or church that has its main entrance on the same street as the applicant’s premises, and the liquor authority has no discretion with respect to that rule.
As a general matter, the customer service representatives and examiners for the liquor authority are very professional and helpful, but the process of obtaining the license can be very slow, particularly if the entity for which you are applying is one with many principals. The process, however, will go substantially faster with the assistance of a competent legal professional.
If you are interested in obtaining a liquor license in New York and you need assistance or have additional questions, please do not hesitate to contact us.
This blog post is not intended to consist of legal advice and you should always consult with a lawyer before acting on anything you find on the Internet. If you have questions or comments about this post, about the topic, or if you need legal assistance, you should feel free to give us a call or send us an email.
This blog post is not intended to consist of legal advice and you should always consult with a lawyer before acting on anything you find on the Internet. If you have questions or comments about this post, about the topic, or if you need legal assistance, you should feel free to give us a call or send us an email.
