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.
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