Liquor licenses are some of the most difficult licenses to keep and maintain in the state of New York. They are subject to regulations on multiple levels and must be renewed frequently. Many violations both severe and minor can lead to a suspension or even a loss of this type of license. Knowing these licenses, as well as the ways in which a lawyer can protect your license, can help you better protect your license and your business.
Many different actions can lead to a liquor license violation. One of the most common is allowing minors under the age of 21 to drink. Minors drinking are an unfortunate part of any establishment that sells alcohol. Fake identification is rampant, and those who manufacture fake IDs can be extremely sophisticated. Even the most vigilant establishment can allow a minor to drink and be found in violation.
Another major form of violation is allowing an intoxicated person to continue drinking. Bartenders must be trained to recognize when a person has had enough and to stop that person from ordering more drinks. Extreme intoxication can lead to alcohol poisoning and a greater chance that a person will jump into a car and drive. Even the smallest lapse in a bartender’s judgment can lead to this sort of violation. Other violations include gambling, employment of a minor, and keeping an untidy premises. All of these violations can end up being equally serious and lead to debilitating penalties.
The liquor license violations process begins with a notification of allegations. An establishment can respond in three ways. They can plead no contest and attempt to receive lighter sanctions. An establishment can also issue a conditional plea along with their negotiated sanctions. Finally, the establishment could plead not guilty and attempt to fight the charges. If found guilty, an establishment could receive multiple penalties. They may be fined or have their license suspended. Serious cases may even result in having a liquor license revoked and prevent reapplication for two years. A revoked liquor license, along with the multitude of fines that usually come along with it, will often result in a business being forced to shut down.
Liquor license violations often require the advice of an attorney. An attorney can help the establishment in many ways. First, an attorney can consult on the proper plea that an establishment can file. Any plea that the establishment offers still means that the state has to present a case and evidence. Lapses in evidence can be singled out and lead to a dismissal just like in other criminal or civil courts. For instance, many liquor license violations are discovered when a regulator goes undercover and personally witnesses the actions in question. If that person provides false or misleading testimony, the case could be thrown out. Even if the business pleads no contest, they could still invalidate evidence and push for a lower sentence. The two other pleas besides not guilty involve a considerable amount of negotiating and plea bargaining. Lawyers are adept at such bargaining and often have years of experience procuring the best deal for their clients. Establishments with a liquor license have a business to run, and they should not be spending their time attempting to fight liquor license violation charges.
Liquor license violations are like any other crime. They can result in a person losing thousands of dollars or even their beloved businesses. That risk is why these businesses need to consult private attorneys. Private attorneys can help mitigate the risks from such violations and allow business owners to keep their livelihoods. Anyone who is currently afflicted by a license violation should contact a private attorney today.
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