New York EB Liquor License Lawyers

An Eating Place Beer License (EB License) is a mandatory requirement for any eating place looking to legally sell beer. “Eating Places” are establishments that serve food for on-site consumption. EB licenses are valid only for the sale of beer; they do not permit the sale of wine and other liquors. EB licenses require establishments that serve beer to prepare and serve food on their premises. With an EB license, an establishment can also sell beer to patrons for off-site consumption. Getting a license to serve alcohol can be a lengthy and complex process, and the consequences for violating liquor laws can be serious. Fortunately, EB liquor license lawyers can help you understand your rights and responsibilities for serving alcohol.

Liquor Laws and ABC Agencies

Liquor laws are created at the state, county, and municipal levels. Before moving forward with a liquor license application, eating places should contact their state Alcohol Beverage Control (ABC) agency. These agencies help local businesses understand certain conditions within the state, and within specific towns and counties. Information that the ABC can provide includes: what types of liquor an establishment can sell, what hours the liquor can be sold, qualifications that an establishment must meet to obtain the liquor license, the cost of the license, and any other limitations. Applicants should note that some states have liquor license quotas, which means that they only sell a certain number of licenses based on population. Therefore, it is a good idea to check with the state before submitting an application to make sure that it has not already reached its quota, especially for those planning to purchase or rent building space. The liquor application process can take quite a bit of time – up to a year in some cases – so it is best to start as soon as possible. Regardless of whether establishments plan to serve wine, beer, liquor or a combination of the above, they cannot sell any type of alcohol without first getting a license.

Qualifications for EB License

States set their own qualifications for obtaining an EB license, but they similar basic requirements. Nationwide, applicants must be at least 21 years old. Some states have residency requirements, meaning that the applicant must live in a place for at least three months before applying for a license. Applicants with a criminal record should be aware that having a criminal history can greatly reduce their likelihood of getting a license. In most places, applicants need to get a seller’s permit from the State Department of Revenue before getting a liquor license. Staff may need to undergo training to legally serve alcohol.

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Legal Scenario: What Would You Do?

Scenario

You own a small diner in Brooklyn and want to start serving craft beer to your dinner customers. You applied for an EB Liquor License but received a denial letter from the State Liquor Authority citing issues with your food service operations.

What are the specific requirements I need to meet to qualify for an EB License, and how can I appeal the SLA's denial?

Attorney's Answer

Under New York Alcoholic Beverage Control Law Section 64, an Eating Place Beer License requires that your establishment's primary purpose is serving food for on-premises consumption, with beer sales being incidental to that operation. The SLA likely denied your application because your kitchen facilities, menu offerings, or seating arrangements did not meet the minimum standards outlined in Rule 48.3 of the SLA regulations. You have the right to request a hearing before the Full Board to challenge the denial, and we can help you document your food service operations to demonstrate compliance. Our firm has successfully guided numerous restaurant owners through the EB License application and appeals process, and we can identify exactly where your application fell short and correct it.

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

Types of Liquor Licenses