27 Jul 23

New York Lawyers For Obtaining Retail Liquor License

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Last Updated on: 8th August 2023, 10:52 pm

If you have a business or other entity in New York that produces, distributes, or sells liquor, state law requires you obtain a liquor license. However, because the state considers it vital to be able to regulate this area of law in a reasonable manner, each locality and county within New York determines a license quota, meaning not everyone applying for a license is granted one. In addition to this, the term of the license is also determined by the various locales, in conjunction with state and federal regulations that may apply. And once your license expires, it will be up to your locale to determine if renewal is an option. Due to these and other complexities, it is important to work with New York lawyers who handle these situations on a regular basis, such as those at Raiser and Kenniff.

Determining Eligibility
To get a liquor license in New York, you must meet certain requirements. These include being age 21 or older, judged to be of sound mind, a U.S. citizen or permanent U.S. resident, and free of criminal convictions. In addition, police officers cannot be granted a liquor license, and if you have had a liquor license revoked within two years of your current application, your request will be denied.

Licensing Costs
Depending on the type of establishment you operate, costs for a liquor license in New York can vary greatly. For example, if selling wine in restaurants and hotels, the cost may be less than $500. However, if you are a manufacturer, distributor, or retailer, your cost for a license may exceed $6,000. Due to the many variations that come with getting licenses for certain establishments, it is best to rely on the services of an experienced retail liquor license attorney for guidance in these matters.

Avoiding Violations
Once you successfully obtain a liquor license, the one thing you do not want to see happen is being guilty of violations regarding various aspects of your license. Depending on the severity of the violations, the penalties can include fines, imprisonment, revoking of the license, or a combination of these penalties. The most common violation involves selling liquor to those under age 21, and can carry numerous penalties. In general, business owners are given two probationary periods when found to be in violation, but if a third violation occurs, they may be put out of business for up to one year. If you find yourself being accused of liquor license violations, contact an experienced New York retail liquor license attorney immediately. Otherwise, you could find yourself out of business permanently, along with facing fines or imprisonment.

Challenging a License Suspension
If your violations have resulted in having your liquor license suspended, your New York retail liquor license attorney will be able to challenge the suspension on a number of fronts. For example, if you are the victim of a minor using a fake ID to obtain liquor, your attorney can argue that with today’s technology making it almost impossible for an average person to know what is fake or what is real, you simply made an honest mistake. In other circumstances, you may have been the victim of a law enforcement sting operation where a minor was used as a decoy. In many of these situations, the minor fails to follow proper ABC decoy rules, which can work in your favor in court. By having an experienced and knowledgeable retail liquor license attorney from Raiser and Kenniff on your side, these charges can often be dismissed.

The Importance of Legal Representation
Whether you are applying for a liquor license or challenging a suspension, the importance of having proper legal representation in these matters cannot be emphasized strongly enough. Since many communities consider these matters very controversial, your attorney can represent you not only in court hearings, but also at hearings before the New York State Liquor Authority, local community board hearings, and other situations where you do not want to be caught off-guard. Therefore, if you are in need of an experienced attorney who can guide you through this complex process and ensure your legal rights are protected along the way, contact the law firm of Raiser and Kenniff.

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New York Lawyers For Obtaining Retail Liquor License

Owning a retail business in New York might require you apply for a liquor license. Not all retail establishments serve or sell alcohol, but grocery stores, some supermarkets, and some pharmacies do sell or serve this type of beverage, and it’s against state laws to do so without the proper license. A retail liquor license allows establishments of the retail variety to legally provide alcohol for purchase on the premise. You can get one of these licenses by applying for it with the state when you open a business in the retail sector in New York. The application is long. It’s arduous, and it’s confusing for those who aren’t familiar with the legal terms used.

Anytime you engage in any sort of industry in which a liquor license is necessary in New York, call an attorney. As a business owner, you need an attorney on your side regardless what you do for a living to protect your business interests. There are so many laws associated with businesses, contracts to go over, wording that might get you in trouble if it’s not correct, and many other nuances. It is unwise to go into any sort of business without an attorney to go over all your paperwork. If you’re looking to obtain a business, start a business, or just get a liquor license for your existing business, call your attorney.

Liquor License Transfers

One of the most important things you must know if you live and work in New York is there is no such thing as a liquor license transfer. You are not permitted to transfer a license from one business owner to another even if you purchase the business outright and the license is already fully displayed and valid. No transfers are permitted.

You must apply for your own liquor license for the business you take over, and you must apply for a temporary liquor license if you do take over a business already open to the public. This is something your attorney can work on for you before the finalization of the sale. You must have it completed prior to finalizing the sale if you have any hope of becoming a business owner with a temporary liquor license.

As soon as it is issued, you must apply for your regular retail liquor license. Again, your attorney is the best person to do this for you. Your attorney knows how to properly fill out the paperwork without making any mistakes so the process is faster. Even one small mistake can add weeks to the process, and no business owner has weeks to spare when it comes to proper licensing.

Liquor License Violations

If you are accused of a liquor license violation, you have serious penalties to face. You should never respond to an accusation without first contacting your attorney and letting their office go over it. If you’ve recently applied for and been issued a new license, you probably haven’t been accused of any wrongdoing in the past. If you are found guilty, you will pay a fine and accept a few small sanctions and a warning to stop doing what you did.

If you’ve been accused in the past, the penalties and the consequences become much worse. Your attorney can handle the application process, the accusation appeals, and any other issues you face when you have a liquor license of the retail variety. It’s imperative you allow your attorney to do this for you because doing it incorrectly has a negative financial effect on your business. Let someone with years of legal expertise take care of the mundane aspects of life for you so you can focus on things that matter. It’s not easy to open a business of any sort, but your attorney can take some of the pressure off you when you have so many other things to deal with.