Common Questions On Getting A Liquor License In New York

Law Blog

If you're a business owner or entrepreneur in New York, and you're getting ready to venture into the world of selling alcohol, you probably have a lot of questions about what kind of license you need and whether your application will be approved. While an attorney is the best source for addressing your concerns, here are a few common questions answered on getting a liquor license in New York.

What kinds of liquor licenses are there?

New York has a sizable list of liquor license types, and they vary by alcohol and establishment type. The following list covers the most common types seen:

1. Wine Store: holder can only sell wine for consumption off the property.
2. Special Events Liquor License: good for a set length of time (like one day) during which a special event is being celebrated.
3. Retail Liquor License: for grocery and convenient stores. Allows for the sale of wine, liquor, and beer.
4. Restaurant Wine: allows patrons to drink wine on the premises and is restricted to restaurants whose primary source of income is not from alcohol.
5. Liquor: allows for the sale of wine, liquor, corkscrews, and ice. Beer and drinking on-site are not permitted.
6. Hotel Liquor: for places that provide lodging and feeding to customers. Wine, liquor, and beer can be purchased to drink in the restaurant or bar and in the rooms.
7. Grocery Store Beer: holder can sell beer to drink off the premises.
8. Grocery Store Wine/Beer: holder can sell beer and wine to drink off the premises. In this case, wine is defined as a beverage that has wine, added juice, carbon dioxide, citric acid, flavoring, sugar, and water, and doesn't have more than 6% alcohol.
9. Club Liquor: a "club" must meets the criteria for a Benevolent Orders Law or a Not-for-Profit Corporation. Additionally, the building used for the sale of the liquor can only be used for club purposes and nothing else. Alcohol can only be consumed on the property, and an ABC officer that works with the SLA (State Liquor Authority) must be designated. Individual beer and wine licenses can also be purchased.
10. Catering Establishment: holder may offer beer, liquor, or wine for on-site consumption. There are a few restrictions. First, the general public can't be allowed to attend the function, and the license can only be used for a catering-type event.
11. Bar and Grill: those who sell alcohol within a lounge or bar must have this type of license, also known as a Class C license. Patrons can only drink on-site while seated inside the establishment.
12. Ball Park Beer: for stadiums, racetracks, and athletic fields that wish to sell beer. This does not include schools or other educational institutions with athletic fields. 

What can keep someone from getting a liquor license?

Not everyone who applies will be granted a liquor license. You must be at least 21 years of age and a US citizen. But you also can't have either of the following on your application:

1. Felony convictions. If you've been convicted of a felony in New York, or if you've been convicted of a lesser offense in a different state that equates to a felony in New York, your application will be denied.
2. Previous license revocations. If you've previously lost your liquor license for certain violations, you may have to wait a set length of time before a new application will be considered.  

How can an attorney help with obtaining a license?

Initially, the process of filling out an application might seem easy. But when it comes to getting a liquor license, you want to be sure you fill out the application correctly and provide the correct documentation when needed.

Sometimes, letters need to be sent to community boards, and a lawyer can prepare them. A lawyer may also be able to attend board hearings if they're required in your situation. Your lawyer can also file the required documents with the SLA.

An attorney, like one from Arizona Liquor Industry Consultants, can also explain in simple terms what you're allowed to do with your license, offering invaluable information that can help you keep your license in good standing once it's approved. 

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18 July 2017