Genevieve is an Associate with Whiteman Osterman & Hanna where she is a member of the Firm’s Alcoholic Beverages/Hospitality; Land Use and Development; and Environmental Practice Groups. She represents clients before the State Liquor Authority on licensing and enforcement matters. Other areas of her expertise include Regulatory Compliance, Real Estate, Zoning and Planning and Land Use Permitting.
Crafting Your Business: Post 2 of 4 in the Series from the NYS Craft Beverages Handbook
Every smart business owner knows a key element to a successful business is a prime location. But when it comes to serving alcohol on-premises at your establishment, it’s more than just the neighborhood you have to consider. There are two rules that the State Liquor Authority will consider when reviewing an on-premises retail license (including restaurant-brewer licenses).
The 500 Foot Law prevents the Authority from granting an on-premises retail license to any premises located within 500 feet of three (3) other on-premises licensed establishments. Generally, this rule applies to “full” (liquor, wine and beer) liquor licenses for the sale and/or consumption of alcohol on-premises but the SLA has extended the rule to restaurant-brewer licenses under ABC Law Section 64-c. If a proposed location is subject to the 500 foot rule, the local municipality or governing board may weigh in and a hearing will be conducted to determine whether the public interest would be served by granting the license. It is ultimately in the SLA’s discretion whether to approve an on-premises retail application.
The 200 foot law may also apply if the establishment is located within 200 feet of a building that is used exclusively as a school, church, synagogue or other place of worship. This restriction applies to any retail establishment where liquor will be sold for on premises consumption and/or where liquor or wine will be sold for consumption off the premises.
Get the full handbook now. (Include “Handbook” in the Additional Comments field.)
