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New York / NYC Liquor License Violations Lawyers
There is one very good reason that restaurants should apply for liquor licenses IF they aren’t a 100% family friendly business, and that reason is money. The revenue that streams from liquor sales is as powerful as some of the whisky that bartenders pass across the table at your favorite establishments. A lot is at stake when you apply for a liquor license. As the article there points out, there are some businesses who make the majority of their annual sales from alcohol. It can mean big business, even to small businesses.
The legal requirements for obtaining a liquor license can sometimes be intimidating to business owners. And it’s true. There ARE a lot of rules to follow and a host of violations. With a good lawyer on your side to help you decipher the laws, though, you’re in good hands and stand to grow your business many more times than where it’s at right now.
Understanding Liquor Violations
If you want to sell alcoholic beverages, you must obtain a liquor license. This license is issued to businesses that apply and follow all of the laws that the license sets forth. Many types of businesses can gain something from a liquor license, including restaurants, grocery stores, and convenience stores, to name just a few business types. If someone violates a liquor license’s stipulations, they may have their license revoked. Just like when you have a driver’s license revoked, you lose your privileges. Since it can be costly to hire someone to fill out your papers and obtain your license for you, it’s also important that you maintain the terms of your license after you obtain it.
How Violations Affect You
When you get that license, your business is going to have an opportunity to grow quickly, but none of it will matter if you don’t follow the rules of alcohol sales. At the heart of the matter is a large list of “don’t” rules that prevent you from doing certain things if you sale alcoholic beverages. Let’s go over those.
If you have a liquor license, DON’T…
1. Sell alcoholic drinks to someone who is already intoxicated
2. Sell alcohol past your hours of operation
3. Violate the terms of your license
4. Skip filing your annual reports and keeping good, accurate records
5. Sell alcohol to minors
6. Violate advertising violations
7. Transfer your license in a way that’s in violation of the agreement
If You Violate Your License
If you violate any of those conditions or others that might be present, you could have your license suspended or revoked. That would mean all of the legal red tape you went to in order to obtain the license was for nothing, and no good business owner wants to lose the opportunity to profit over something like this. If you’ve been accused of a violation, be smart! Only a good lawyer can help you fend off license suspension or revocation.
Don’t just hire any lawyer either. Make sure that they have extensive knowledge in both how to obtain a liquor license and how to protect the ongoing use of a license in the face of a violation. There are many defenses for violations and if you have a lawyer who is aware of them, you’re going to stand a much better chance of retaining possession of your liquor license.
Thanks to the power of alcohol in businesses, there’s always a lawyer standing by ready to defend your business against allegations. This is a common problem among liquor license business operators. You’re going to face more scrutiny from inspectors and the law in general because you’re selling liquor. That’s the price you might have to pay for selling a product so lucrative, but it’s well worth the trouble to keep a good liquor license lawyer on standby in case you need to protect your business from unfair accusations.
Even if you are in violation of the law, a good lawyer might be able to help you keep possession of your license. Most of the time, violations are going to be seen as very serious. So don’t think you can go up against accusations yourself. The benefits of having a lawyer on your side include:
– Knowing that you can continue to operate your business stress free, without having to worry about the violations charges
– Knowing you have someone on your side who knows how the system works and how to cope with violations if they inadvertently occur
– Knowing your customers are going to still have the benefit of buying alcohol under your business’s roof while the investigation is ongoing
There’s a lot of good reasons for calling a lawyer if you’re accused of a liquor violation. Don’t wait. Call a lawyer.
Many businesses exist only because they have liquor licenses. These include enterprises that manufacture spirits, wine, or beer as well as retail and wholesale liquor distributors and bars, nightclubs, and taverns. There are also businesses that rely heavily on having liquor licenses, including restaurants and bistros.
A business faces serious issues when it faces liquor license violations. When a business receives a notice of liquor license violation, it is vital that the enterprise take immediate and proactive steps to protect its legal rights and interests.
Retain a Skilled and Experienced Liquor License Violation Attorney
When a business receives notification of a liquor license violation, the enterprise should seek assistance from a qualified, skilled liquor license violation attorney promptly. A business should seriously consider taking this step before having any contact with the liquor license authority.
Odds are that in the direct aftermath of receiving a notice of violation, a representative of the liquor licensing authority will attempt to contact a principal associated with the licensed entity. The reality is that a business can jeopardize its interests by entering into discussions with, by answering questions posed by, the liquor license authority. A business facing a liquor license violation should not communicate with the licensing authority without the assistance of legal counsel in order to best protect legal interests.
The first step in retaining legal representation is scheduling what is known as an initial consultation. During an initial consultation, an experienced liquor license violation lawyer has the opportunity to review the violation notice itself, and the accompanying evidence. This permits legal counsel the ability to evaluate the allegations being made against a business.
The liquor license violation lawyer will present possible defenses to a violation notice. In addition, legal counsel will discuss whether attempting to reach a settlement with the liquor licensing authority might make sense in a particular case. A liquor license violation lawyer will discuss what a settled resolution might look like in your case. As a general rule, a liquor license violation lawyer does not charge a fee for an initial consultation with a business named in a liquor license violation.
Liquor License Violation Sanctions
One prime reason why engaging a liquor license violation lawyer early on is to attempt a settled resolution of an allegation, if possible and appropriate. Although there are situations in which fighting a violation to the proverbial bitter ends may make sense, that oftentimes is not the case. In many instances, a licensed enterprise best preserves its long term interests by reaching a settlement with the liquor license authority.
A business necessarily will want to avoid more significant sanctions that directly impact its license. These include a license suspension.
The reality is that depending on the nature of the allegation being made against a business, and whether a business has had prior violations, a license suspension could be in the offing.
A license suspension oftentimes results in the shuttering a business for a number of days. The financial and public ramifications of a close business can be significant.
The early intervention of legal counsel can also assist in lowering the amount of a fine that may be imposed against a business. The reality is that the fines associated with certain types of liquor license violations can be extensive.
Violations for Not Having a Proper Liquor License
Another line of potential violations are those associated with serving or distributing liquor in some manner without a proper license. The primary penalty that occurs in this type of situation is monetary. However, depending upon the facts and circumstances surrounding the violation, a referral could be made for criminal prosecution as well.
One scenario in which a business can face a violation arising out of the lack of a proper license involves an enterprise that did have a proper license at one point, but the license was not renewed in a timely manner and expired. Oftentimes when this occurs, it is a matter of negligence on the part of the business. Those responsible for the operation of a business somehow managed to overlook a timely license renewal.
In this type of situation, properly defending or settling a violation notice is crucial. The business undoubtedly will want to keep operating and does not want to lose the ability to renew its license going forward.