New York Beer, Wine, Liquor Licenses - Approved In Two Weeks
In September of 2009, the New York State Liquor Authority (NYSLA) initiated an Attorney Self-Certification Program which permits you to obtain a beer, wine, and/or liquor license in as little as two weeks. This program allows attorneys to self certify an application that they file by requiring the attorney to verify and attest as to accuracy of the information and the documentation contained in the application. This allows the NYSLA to bypass the lengthy investigation and grant the approval of the beer, wine, liquor license application in just weeks as opposed to 6-12 months or more. A New York Liquor License may be obtained by following these steps:
1. Make sure you do not fall under any of the statutory disqualifications to holding an alcoholic beverage retail license (“liquor license”) under Alcoholic Beverage Control Law – e.g. you are over 21, a U.S. citizen or permanent resident, and you have never been convicted of any felony, etc.
2. Determine which alcoholic beverage license class you seek. For example, bodegas and grocery stores need a Grocery Store Beer or Beer/Wine License. Bars, pubs, and taverns require an On-Premise Liquor License to serve beer, wine and liquor.
3. Consult with a qualified liquor license lawyer about whether your establishment complies with both the 200 and the 500 Foot Rule.
4. The Alcoholic Beverage Control Law requires that anyone applying for an On-Premises License notify their Community Board of their intention to apply for a liquor license 30 days before filing an application with the State Liquor Authority. Proof of the 30 day notice must be submitted with the application. The Community Board may request such items as your proposed menu, business plan, and may submit an opinion, either in favor of or against granting the license. That opinion will become part of the record used by the New York State Liquor Authority (“NYSLA”) in deciding whether to approve the application.
5. Once the thirty day Community Board period has elapsed, you may proceed to file your liquor license application with the NYSLA. The application itself is 20+ pages and requires detailed disclosures concerning the establishment and its finances. The application also requires that the applicant submit a penal bond, photographs of the interior and exterior of the premises to be licensed, personal questionnaires, proof of citizenship and photo identification of all principals, a contract of sale or conveyance, your lease agreement, various diagrams, copies of bank statements and loan agreements, your certificate to authority to collect sales tax, your Federal Tax ID Number, and Filing Receipts for your Corporation or LLC.
6. Assuming the NYSLA receives all the required information and documentation, all materials are complete and accurate, and there is no other reason to reject your application, the NYSLA should issue your license within six months. If your application is incomplete or missing information, expect an additional delay of anywhere from one to six more months.
7. Fortunately, in September of 2009, the NYSLA approved the implementation of the Attorney Self-Certification Program resulting in approvals in just two weeks. This program allows attorneys filing applications on behalf of applicants to certify that statements and documents provided in an application are true and accurate and that the application meets all statutory requirements. The program has allowed for a more timely review of applications as the agency will rely on the information certified by the Attorney, eliminating the need to review each document submitted.
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