TEMPORARY LIQUOR LICENSE IN NEW YORK
It is out of question that obtaining a liquor license in New York takes a long time and could be a very frustrating and overwhelming process. As of the date of this article the processing time for a liquor license in the state of New York ranges from 5 to 7 months. Maybe your restaurant is ready to operate but you are still waiting on your liquor license.
However, in certain instances, you might be able to apply for a temporary liquor license (technically referred to as Temporary Retail Permit), which will allow you to sell alcohol at retail even before a permanent liquor license has been issued.
While once the temporary liquor license was available only outside New York City, now this type of permit has been extended also to New York City businesses under certain conditions.
GENERAL RULES FOR TEMPORARY LIQUOR PERMITS
The application for a temporary liquor permit must be preceded or accompanied by a complete application for a retail liquor license. It is not allowed to file for a temporary liquor license if the main application has not yet been filed. As previously noted, the two applications may be filed simultaneously.
The holder of a temporary retail permit may not purchase alcoholic beverages on credit, only by payment in currency or check. However, the holder of a temporary permit who also holds one or more retail licenses and is operating under such retail license or licenses in addition to the temporary retail permit, and who has not been reported as delinquent with wholesalers, may be allowed to purchase alcoholic beverages on credit under the temporary retail permit.
The temporary permit is granted at the discretion of the State Liquor Authority for a period of 90 days, which could be renewed for an additional 30 days.
Once a Conditional Approval has been granted for the main application a temporary retail permit may not be renewed.
The temporary permit may be cancelled or suspended at any time, if the NYS Liquor Authority determines that good cause exists for such suspension or cancellation.
Should the permanent application be disapproved while operating under a Temporary Permit, the applicant must cease and desist alcohol sales and surrender the permit to the Liquor Authority immediately.
RULES APPLICABLE TO PURCHASE OF AN EXISTING BUSINESS
If you are purchasing an existing business, you may be entitled to obtain a temporary liquor license no matter where your establishment is located, whether within or outside the 5 boroughs of New York City.
Conditions for the issuance of a temporary liquor permit are the following:
- The premises must have operated under a retail license within thirty days of the filing of this application.
- The permit gives the applicant the privileges of the current license for the business that is being sold.
- A contract of sale or conveyance must be included with the application.
- The current license existing at the premises must be surrendered to, placed in safekeeping with, or otherwise deemed abandoned by the State Liquor Authority before a temporary permit can be issued.
RULES APPLICABLE TO A NEW BUSINESS
When you are starting your own business, as opposed to purchase an existing business, you might also be entitled to a temporary liquor permit. It is worth noting that in this case, a temporary liquor license cannot be issued for a liquor or wine store, but only for on-premises retail consumption.
If your location is subject to the 500’ Law (basically restaurants, bars and clubs located within 500 feet of at least three places already holding a on-premises liquor license) the temporary permit cannot not be issued until the 500’ Law hearing has been completed and the hearing officer has found that issuing the license will serve the public interest, advantage and convenience.
SPECIAL RULES FOR NEW YORK CITY
Before applying for an on-premises temporary license for premises located in New York City, the applicant must notify the Community Board 30 days in advance.
In addition, if the location is subject to the 500’ Law, the temporary liquor permit will be subject to the following conditions:
- there must be a license at the location currently active or active within the prior two years;
- such license must not have been suspended, cancelled or revoked within the prior two years
- the closing time must be no later than 12 AM;
- any outdoor space must close by 10 PM Sundays through Thursdays and by 11 PM Fridays and Saturdays;
- no outdoor music is allowed; and
- indoors recorded background music only is permitted, no live music, DJs, karaoke, juke box or dancing.
CONTACT BARDAZZI LAW FOR YOUR TEMPORARY LIQUOR LICENSE
Applying for a liquor license in New York is a complicated matter. Even a clerical mistake may result in your application being delayed or disapproved. It is therefore crucial to retain an experienced attorney to assist you and your company throughout the process of applying for a liquor store license in New York. Contact Bardazzi Law today to avoid risks and get your liquor store license approved.