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How to Get a Liquor License in New York
ChannelEmanuele BardazziDescription from the creator
If you want to discuss how to get a liquor license in NY, call us at +13474484439 or for legal advice and assistance email me at 📧 [email protected]. Visit our website for additional information on the subject: www.bardazzilaw.com
Steps to get a liquor license in New York for restaurants, bars and liquor stores.
(a) Determine if you are eligible to hold a NY liquor license
The Alcoholic Beverage Control Law (ABC Law) states that in order to obtain a liquor license, an applicant must be:
- US citizen or green card holder
- 21 y.o.
Also, the applicant must not be:
- a convicted felon
- a police officer with arresting powers
In addition, the New York State Liquor Authority Advisory Opinion #2015-21 allows nationals of foreign countries to hold a NY liquor license to the extent that their countries maintain special friendship or commerce treaties with the United States allowing their citizens to obtain a E-1 and / or E-2 Visas.
Also EAD (Employment Authorization Document) holders are eligible to obtain a liquor License in the state of New York. EAD is typically granted when an individual has a pending immigration petition for a green card and it takes only a few months to receive it.
(b) Find a commercial space suitable for your business or find an existing business to purchase
If you wish to start your restaurant or bar business from scratch, you will need to find a commercial space suitable to host your business operations.
Obtaining a liquor license for a space that has never had a liquor license before may be even more challenging, and significantly so if you are applying for a OP license (permit to sell spirits for on premises consumption in addition to beer and wine), commonly referred to as “full liquor license”. Therefore, when choosing your location make sure to ask your prospective landlord to provide records of liquor licenses held by prior tenants at that specific address.
Same degree of care is required when you are purchasing an existing business. In any such case make sure that the current business owner already holds the type of liquor license that you wish to apply for.
(c) Form your business entity (Corporation or LLC)
Make sure your personal assets are protected when you sign a commercial agreement and you start your business operations. Conducting your business as a corporation or a limited liability company will shield your personal assets from claims and lawsuits brought by creditors of your company.
(d) Sign a commercial lease agreement or a business purchase agreement
Whether you are starting an entirely new business or you are buying an existing one, typically you will be required to sign a lease agreement or a purchase agreement (or at least a letter of intent) to start your application for a New York liquor license. Please note that for the license to be issued at the end of the liquor license application process you will have to provide the SLA, among other things, with evidence that your premises are ready to open to the public.
(e) Send the 30 day-notice to the local Community Board and attend the board meeting
Before filing a liquor license application with the State Liquor Authority, a 30 day-notice must be given to the local Community Board. Following the notice, most likely an appearance before the board will be held. Prior to the meeting you will be required to provide several documents for the board’s review. At the meeting you will have to make a short presentation of your application and then you will be asked a lot of questions, for the most part regarding your method and hours of operation.
(f) File your liquor license application with the State Liquor Authority
Completed the Community Board phase, it is time to file the liquor license application with the SLA. This application includes a lot of questionnaires requiring disclosure of personal, financial and business-related information (source of funds, method of operation, layout of the premises etc). The application comprises of a lot of different sections, in addition to which voluminous material has to be provided.
(g) Final steps
Depending on several different factors, such as the area where your restaurant or bar is to be located, the type of liquor license being sought, the recommendation of the Community Board etc., two additional steps may be required: the appearance at the 500 foot hearing and a SLA meeting appearance. In both cases, the SLA will notify you whether or not these additional steps are necessary. Assuming that everything goes as planned, you will be served with a SLA notice stating that your application is approved and which additional documentation, if any, you will have to provide to materially pick up your license (referred to as Conditional Letter of Approval).
DISCLAIMER
Attorney advertising
This video has been made for information purposes only. It is not a substitute for legal advice on NY Liquor License process and requirements.
Steps to get a liquor license in New York for restaurants, bars and liquor stores.
(a) Determine if you are eligible to hold a NY liquor license
The Alcoholic Beverage Control Law (ABC Law) states that in order to obtain a liquor license, an applicant must be:
- US citizen or green card holder
- 21 y.o.
Also, the applicant must not be:
- a convicted felon
- a police officer with arresting powers
In addition, the New York State Liquor Authority Advisory Opinion #2015-21 allows nationals of foreign countries to hold a NY liquor license to the extent that their countries maintain special friendship or commerce treaties with the United States allowing their citizens to obtain a E-1 and / or E-2 Visas.
Also EAD (Employment Authorization Document) holders are eligible to obtain a liquor License in the state of New York. EAD is typically granted when an individual has a pending immigration petition for a green card and it takes only a few months to receive it.
(b) Find a commercial space suitable for your business or find an existing business to purchase
If you wish to start your restaurant or bar business from scratch, you will need to find a commercial space suitable to host your business operations.
Obtaining a liquor license for a space that has never had a liquor license before may be even more challenging, and significantly so if you are applying for a OP license (permit to sell spirits for on premises consumption in addition to beer and wine), commonly referred to as “full liquor license”. Therefore, when choosing your location make sure to ask your prospective landlord to provide records of liquor licenses held by prior tenants at that specific address.
Same degree of care is required when you are purchasing an existing business. In any such case make sure that the current business owner already holds the type of liquor license that you wish to apply for.
(c) Form your business entity (Corporation or LLC)
Make sure your personal assets are protected when you sign a commercial agreement and you start your business operations. Conducting your business as a corporation or a limited liability company will shield your personal assets from claims and lawsuits brought by creditors of your company.
(d) Sign a commercial lease agreement or a business purchase agreement
Whether you are starting an entirely new business or you are buying an existing one, typically you will be required to sign a lease agreement or a purchase agreement (or at least a letter of intent) to start your application for a New York liquor license. Please note that for the license to be issued at the end of the liquor license application process you will have to provide the SLA, among other things, with evidence that your premises are ready to open to the public.
(e) Send the 30 day-notice to the local Community Board and attend the board meeting
Before filing a liquor license application with the State Liquor Authority, a 30 day-notice must be given to the local Community Board. Following the notice, most likely an appearance before the board will be held. Prior to the meeting you will be required to provide several documents for the board’s review. At the meeting you will have to make a short presentation of your application and then you will be asked a lot of questions, for the most part regarding your method and hours of operation.
(f) File your liquor license application with the State Liquor Authority
Completed the Community Board phase, it is time to file the liquor license application with the SLA. This application includes a lot of questionnaires requiring disclosure of personal, financial and business-related information (source of funds, method of operation, layout of the premises etc). The application comprises of a lot of different sections, in addition to which voluminous material has to be provided.
(g) Final steps
Depending on several different factors, such as the area where your restaurant or bar is to be located, the type of liquor license being sought, the recommendation of the Community Board etc., two additional steps may be required: the appearance at the 500 foot hearing and a SLA meeting appearance. In both cases, the SLA will notify you whether or not these additional steps are necessary. Assuming that everything goes as planned, you will be served with a SLA notice stating that your application is approved and which additional documentation, if any, you will have to provide to materially pick up your license (referred to as Conditional Letter of Approval).
DISCLAIMER
Attorney advertising
This video has been made for information purposes only. It is not a substitute for legal advice on NY Liquor License process and requirements.
About this tutorial
Emanuele Bardazzi published this 1:36 video tutorial on May 12, 2020. It has been watched 6,708 times on YouTube.
- Channel
- Emanuele Bardazzi
- Category
- People & Blogs
- Duration
- 1:36
- Published
- May 12, 2020
- Views
- 6,708
- Likes
- 78
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