AX – DX Liquor License Lawyers

Overview of AX/DX Liquor Licenses

In New York State, an AX/DX liquor license can be obtained for a grocery store or drug store, allowing the business to sell beer and wine coolers. These beverages must be sold in a “to-go” state and must be consumed off-site.

Regulations for AX/DX Liquor License Holders

The following regulations also apply to AX/DX liquor license holders in the state of New York:

• Alcoholic beverages may not be purchased from, nor sold to, another retail business
• Beer and wine coolers may only be purchased from a wholesale dealer with a valid license
• Beer can’t be sold on Sundays between 3 a.m. and 12 p.m. (noon). The county in which your business is located may have additional requirements for closing hours, and it is your responsibility to know them
• Consumers may buy beer and wine coolers for their personal consumption but not for resale
• If your business is a grocery store, you may not sell wine or liquor
• No open containers of alcohol-containing beverages are permitted inside the business
• Sales can be made using cash or credit card. “House credit” is not permitted

Applying for Your Liquor License

Contact our law office when you need assistance in obtaining a liquor license for your business. We can explain to you which regulatory agency you need to speak to, how to prepare the documents you’ll need, and any other materials you’ll need to prepare to make your case for obtaining a liquor license.

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Legal Scenario: What Would You Do?

Scenario

You own a grocery store in Brooklyn and recently received your AX liquor license to sell beer and wine coolers. A customer just asked if you could sell them a bottle of chardonnay, and a distributor is offering you a deal on hard seltzer products, leaving you unsure what your license actually permits you to carry.

What exactly am I allowed to sell under my AX liquor license, and what happens if I accidentally stock products outside my license category?

Attorney's Answer

Under New York Alcoholic Beverage Control Law, an AX license issued to grocery stores only authorizes the sale of beer and wine coolers for off-premises consumption — it does not permit the sale of wine, liquor, or spirits of any kind. Stocking or selling products outside your license category, such as table wine or hard liquor, constitutes a violation under ABC Law §130 and can result in fines, suspension, or permanent revocation of your license by the State Liquor Authority. Hard seltzers may fall into a gray area depending on their classification as beer-based or spirit-based, so you should verify each product's federal TTB classification before placing it on your shelves. I would recommend conducting an immediate audit of your current inventory against SLA guidelines and consulting with a liquor license attorney before adding any new beverage products to your store.

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

Compliance and Maintenance

Our law firm can also advise its clients about how to comply with the applicable licensing laws and maintain a license after you’ve been granted your license. This includes:

• How far your business has to be from other businesses with a similar license
• How far your business has to be from schools and places of worship
• How to prepare a Letter of Notification for the appropriate local Community Board
• Which Community Boards you’ll need to address your Letter of Notification to
• If required, when to attend the Community Board meeting
• How to prepare any affidavits, forms, letters, and sketches you may need
• How to submit all the documentation you need for your liquor bond
• How to file all the appropriate documents with the New York State Liquor Authority
• If required, how to prepare a Publication Notice in the appropriate local newspaper

License Classes and Representation