Latest Posts
Italian Citizenship Through Italian Born Female Ancestor
Overview on General Rule and Exceptions Typically, Italian citizenship can be obtained if one of your parents was Italian at the time of your birth....
A Guide to Retiring in Italy. The Italian Retirement Visa.
Overview In this article we will discuss a certain long-stay Italian visa available to foreign nationals who desire to permanently move to Italy and who...
Italian Citizenship by Descent. The Path to Italian Citizenship.
Overview In this article we will address how to get Italian citizenship jure sanguinis (or by descent). This article may be interesting to people native of...
New York Liquor License FAQs – Part 2
What are the two major retail liquor license types in New York?
Retail licenses may be “on-premises” or “off-premises”. If you hold the former, you may only serve alcohol to patrons for consumption at your premises. If you hold the latter, you may only sell alcoholic beverages to be consumed somewhere else.
Once a liquor license is obtained, is it necessary to file other applications with the State Liquor Authority?
Even when you already in possession of your license, you may be required to file new applications with the SLA under certain circumstances, such as:
Must food be available to patrons if you hold an on-premises license?
Yes. Either you operate a restaurant with a full kitchen or a pub or tavern or lounge with a limited kitchen, you must be able to serve food to your patrons, whether it’s a full meal or simply sandwiches, soups or similar (but snacks is not sufficient). Food should be prepared at the premises, no food from the outside is allowed. In case of a hotel license, a food establishment should be present in the building although it is not required to be operated by the same hotel owner, as it may also be operated by a third party.
Are there restrictions regarding hiring employees?
Felons: typically, on-premises licensees are barred from hiring people with a prior felony conviction, unless they obtain the prior approval of the SLA, or they can show a civil relief certificate from liabilities and the like.
Minors: the general rule is that underage persons (younger than 18 y.o.) cannot be hired to sell, serve or handle alcohol. Exceptions include on-premises licensee employing minors under the direct supervision of an 18 y.o. person or older.
Police Officers: on-premises licensed businesses cannot employ police officers, as well as wine stores. In a few instances a police officers may work under permission of his/her precinct.
Are there restrictions regarding hours of operation?
Yes, ABC law provides that package or wine stores must close at certain times of the day depending on the day of the week. For more details check ABC Law § 105 (14) here. On-premises licensed businesses will be typically subject to stipulations entered with the Community Board or the SLA at the time of the initial application.
Where and from whom can I buy alcohol as a retailer?
A New York licensed retailer may buy alcohol only from wholesalers or manufacturers licensed in the state of New York. Alcohol cannot be bought from a business located in a state other than New York. A retailer is not permitted to purchase alcoholic beverages from another retailer except when the retailer is selling the entire inventory under a liquidator’s permit.
What about payments and prices?
Payments for purchased alcohol may be in cash, checks or electronic transfers, while credit cards are not permitted. However, payments on credit may be offered by wholesalers. Failure to pay on time when the sale is on credit will result in your business being placed on the delinquent list maintained by the SLA until the debt is repaid in full, during which time you can only purchase alcoholic beverages in cash. Wholesalers and manufacturers may only sell wine and liquors at the prices they have previously posted with the SLA.
What is a Surety Bond?
A surety bond is required each time a new liquor license is issued and then upon each renewal thereof. Bonds are issued by specialized bonding companies and are used to guarantee payments of penalties imposed upon licensed businesses by the SLA for violations of the ABC Law. The validity of the bond must be for the entire term of the license. In case of retailers, the amount insured by the bond is $1,000; however the fee the retailer will pay as a premium for the issuance of such bond is approx. $50.00 per year.
May I sell or permit customers to consume alcohol outside the premises?
No, you may not, except if you are an on-premises licensee and you have obtained a caterer’s permit for special events. If you are an on-premises licensee, you shall not permit off-premises consumption nor shall you allow customers to leave the premises with an alcoholic beverage, unless you have a RW license, in which case you may allow customers to leave the premises with their unfinished bottle of wine after the meal. Off-premises licensees, to the contrary, may not allow consumption inside the premises, unless during an authorized tasting event.
What other rules should I be mindful of as a licensee?
If you want to keep reading about liquor license topics, check here our article New York Liquor License FAQs – Part 1.
If you are seeking information on how to start a restaurant business in New York, check here our article How to start a restaurant business in New York (& United States).
Contact Us
Email us if you need assistance with your liquor license application and other legal services for your restaurant or bar. Please fill out the form below and we will contact you as soon as possible.