NEW YORK RESTAURANT LIQUOR LICENSE VIOLATION LAWYERS

The New York Liquor Authority of the Division of Alcoholic Beverage Control oversees the licensing of restaurants that serve any type of alcoholic beverage. The Liquor Authority is the agency that initiates action against a restaurant, or an owner or employee of a restaurant, that is alleged to have violated the law or regulation associated with a restaurant liquor license.

When an allegation is made that a restaurant, or someone associated with a restaurant, has violated New York liquor laws or regulations, the consequences can be serious. A restaurant, or someone associated with it, that has been charged with a license violation, or even a crime associated with the liquor laws of the state of New York, can face extremely serious consequences in light of an allegation associated with a liquor license violation.

Serving Alcohol to a Minor

One of the more common types of liquor license violations are those involving serving alcohol to minors. An allegation based on serving alcohol to a minor can result a two prong course of action from the New York Liquor authority and even the criminal justice system in the country where the incident arose.

The restaurant itself can face sanctions associated with a minor being served alcohol on the premises. These sanctions are graduated. In other words, the sanctions imposed for serving alcohol to a minor become more severe after the first incident.

The first time a restaurant faces an allegation of serving liquor to a minor, the establishment is likely to face a fine. After the first allegation, a restaurant may face not only a fine, but a license suspension for a period of time. What that means is that the restaurant will be prohibited from serving alcohol on the premises for a specific period of time. The first time a restaurant faces a license suspension, the time period is not likely to be lengthy.

The severity can increase sharply if a restaurant continues to have issues with serving alcohol to minors. The New York Liquor Authority ultimately will revoke a restaurant’s liquor license for repeated violations of the law prohibiting serving liquor to a minor.

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Legal Scenario: What Would You Do?

Scenario

You own a popular Italian restaurant in Manhattan, and last Friday night an undercover SLA investigator observed your bartender serving drinks past 4 AM in violation of your premises' hours. You received a notice from the New York State Liquor Authority charging you with an ABC Law violation and scheduling an administrative hearing that could result in suspension or revocation of your liquor license.

What can I do to protect my restaurant's liquor license and avoid a costly suspension or revocation?

Attorney's Answer

Under New York Alcoholic Beverage Control Law Section 118, the State Liquor Authority has broad power to revoke, cancel, or suspend any license for cause, but you have the right to a full administrative hearing before any penalty is imposed. An experienced attorney can negotiate with the SLA to pursue a stipulation agreement — often resulting in a fine or short suspension rather than outright revocation — especially if this is your first offense and you can demonstrate corrective measures like updated staff training and revised closing procedures. It is critical to respond to the SLA's charges within the deadline stated in your notice, as failure to appear can result in a default revocation under 9 NYCRR Part 53. We can also help you gather evidence of compliance history and character references that may persuade the administrative law judge to impose the least restrictive penalty available.

This is general information only. Contact us for advice specific to your situation.

A restaurant employee that serves liquor to a minor can face sanctions as well. As is the case with the sanction against a restaurant, those that might be imposed upon an employee are graduated. The first time an employee serves to a minor, he or she is not likely to face a significant sanction. After the first time, the sanctions potentially can become seriously, and significantly so over time.

Serving or Operating Outside Licensed Time Period