F.A.Q. For New York Liquor License Applications

Here are the answers to some common questions about getting, keeping, and protecting your New York liquor license.

Am I Eligible to Get a Liquor License?

Can I get approved if I have a DWI or DWAI on my record?

Yes, you can. If you have a misdemeanor conviction, that will normally not prevent you from getting your license. You will be required to disclose certain information about the conviction, including the date, the court in which it occurred, and the exact charge of which you were convicted. The Liquor Authority will also require you to submit official documentation from the court as part of the application process. In New York, that paperwork is called a Certificate of Disposition.

If you have a felony conviction, however, the law requires that the Liquor Authority deny your application. There is one exception to that rule: if you have a Certificate of Relief from Civil Disabilities, then the Liquor Authority will process your application as if that conviction never happened. You will need to submit your Certificate as part of the application process.

That said, a criminal record does add complexity to your application, and so how you present yourself to the State Liquor Authority can make a real difference. This is exactly the kind of situation where having an experienced consultant in your corner pays off.

If you’ve got questions about your specific situation, I’m happy to talk it through with you and give you an honest assessment of where you stand. Call or text me at 631-624-9007 or email me at david@sydangroup.com.

I have a felony conviction on my record. Can I still get approved?

In almost every case, no, you cannot. New York state law prohibits a felon from receiving a liquor license. There is one exception to that rule: if you have a Certificate of Relief from Civil Disabilities, then the Liquor Authority will process your application as if that conviction never happened.

You will need to submit your Certificate as part of the application process.

If your conviction is sealed, it is still a felony conviction and you cannot receive a license. In almost all cases, the Liquor Authority will be able to ‘see’ a sealed felony conviction.

If your conviction was expunged, however, then it is as if it never occurred, and you are eligible to receive a license.

That said, a criminal record does add complexity to your application process, and how you present yourself to the State Liquor Authority can make a real difference. This is exactly the kind of situation where having an experienced consultant in your corner pays off.

I am not a United States citizen. Can I still get a license?

Yes, you can. The general rule is that you must be a United States citizen to receive a liquor license. But there are two exceptions.

First, if you have a valid immigration status such as a green card or EB-5 visa, you are eligible. In that case, you will be required to provide documentation of your immigration status as part of the application process.

Second, even if you do not have a valid immigration status, the Liquor Authority will allow you to receive a license if you are a citizen of a “reciprocal trade country.” This means that the U.S. Department of State maintains a list of countries that have signed treaties with the federal government allowing their citizens to engage in commerce and trade in the United States. If you are a citizen of one of those countries, you are eligible, and you will be required to provide documentation of your citizenship as part of the application process. To check whether your country is on the approved list, you can check here.

That said, certain immigration statuses may complicate the process more than others, and the SLA will want to be satisfied that you have the legal right to operate a business in the United States. This is another area where having an experienced consultant can make a real difference in how your application is presented.

If you have questions about your specific situation, give me a call or send me a text at 631-624-9007, or email me at david@liquorlicenseguy.com.

Can I own a restaurant/bar and a manufacturer at the same time?

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Temporary License

Can I get a temporary license?

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How do I apply for a temporary license?

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How long does it take to get a temporary license?

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When does the temporary license expire?

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How do I get the actual physical license?

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200 Foot Rule

What is the 200 Foot Rule?

The 200-foot rule is a provision of New York State Alcoholic Beverage Control Law that prohibits certain licenses from being issued if the location of the establishment is on the same street and within 200 feet of a building that is used exclusively as a school, church, synagogue or other place of worship. This restriction is commonly called the 200 foot rule and applies to any retail establishment where liquor will be sold for on premises consumption and any retail establishment where liquor or wine will be sold for consumption off the premises.

A few things worth knowing about the rule:

It applies only to full liquor licenses. Beer and wine applicants are not affected.

It is a new application issue only. Renewals are not subject to it.

You can check whether the rule applies to your address using the SLA’s free LAMP mapping tool before you file.

And here is the official Liquor Authority explanation of the rule that is published on its website.

Does the 200 Foot Rule apply to my business?

The 200-foot rule will apply to your business only if all of the following things are true:

You are applying for a full on premises liquor license or a liquor store license.

It is a new application issue only. Renewals are not subject to it.

The school or place of worship is located on the same street as your establishment. It does need to be on the same block.

The school or place of worship is located in a building that is exclusively used for that purpose.

How does the Liquor Authority decide whether the church or school is bona fide or not?

The Liquor Authority considers many facts and circumstances in making this decision.

It will be considered a school/place of worship as long as any uses are incidental to, and are not inconsistent with or detracting from the predominant character of the building as a school/place of worship.

The use of a building for certain purposes would be considered incidental to its primary use as a place of worship. Those uses include, but are not limited to:

the conduct of legally authorized games of bingo or other games of chance held as a means of raising funds for the not-for-profit religious organization which conducts services at the place of worship or for other not-for-profit organizations or groups
fund-raising performances by or benefitting the not-for-profit religious organization which conducts services at the place of worship or other not-for-profit organizations or groups
use by other religious organizations or groups for religious services or other purposes
social activities by or for the benefit of the congregation
meetings held by organizations or groups providing bereavement counseling to persons having suffered the loss of a loved one, or providing advice or support for conditions of diseases including, but not limited to, alcoholism, drug addiction, cancer, cerebral palsy, Parkinson’s disease, or Alzheimer’s disease
blood drives, health screenings, health information meetings, yoga classes, exercise classes or other activities intended to promote the health of the congregants or other persons
use by non-congregant members of the community for private social functions

How to measure the 200 feet?

The measurement is taken in a straight line from the center of the nearest entrance of the school/place of worship to the center of the nearest entrance of your proposed establishment.

The entrances that are used are only the ones that are regularly used to let: (a) students into the school, (b) the general public into the place of worship, and (c) patrons
into your establishment. Emergency/fire exits, maintenance access, and doors to gain access to non-public areas are not used or considered in the measurement.

If the entrance is set back from the sidewalk by a walkway or doorway, the measurement is taken from the center of the line where the walkway/doorway meets the sidewalk. For an establishment in a multi-story building, the relevant street level entrance is used.

If a school, place or worship, or your establishment is on a corner lot, it is considered to be on both streets, whether or not there is an entrance to
the building on both streets.

500 Foot Rule

What is the 500 Foot Rule?

The 500-foot rule is a provision of New York State Alcoholic Beverage Control Law that requires the State Liquor Authority to hold a public hearing before it can approve your application if there are already two or more full on-premises liquor licenses within 500 feet of your proposed location. At that hearing, you are required to make a documented case that granting your license would be in the public interest.

A few things worth knowing about the rule:

It applies only to full liquor licenses. Beer and wine applicants are not affected.

It only applies in municipalities with a population of 20,000 or more.

It is a new application issue only. Renewals are not subject to it.

You can check whether the rule applies to your address using the SLA’s free LAMP mapping tool before you file.

And here is the official Liquor Authority explanation of the rule that is published on its website.

The Liquor Authority wants to approve new applicants. But it does add time to your timeline and requires more preparation than a standard application. Knowing early whether the rule applies to your location is the best thing you can do before you commit to a space.

How Long Does the 500 Foot Hearing Take?

The short answer is that it depends, but you should expect the hearing process to add at least a few months to your overall licensing timeline. The hearing cannot begin until your application is otherwise complete, and the Liquor Authority’s administrative law judge must be assigned, schedules the hearing date, conduct it, and then issues a written decision before your application can move forward.

In straightforward cases with no municipal opposition, the process can move relatively quickly. In contested cases, and particularly in New York City where community boards are known to routinely oppose new full liquor applications that are not presented properly, the delay can stretch considerably longer. Plan for it, and do not sign a lease that assumes a faster timeline than the process allows.

How to measure the 500 feet?

The measurement is taken in a straight line from the entrance of your proposed licensed premises. the Liquor Authority uses only entrances that are regularly used to give customer entry into the establishment. Emergency/fire exits, maintenance access, and doors to non-public areas are not used or considered.

If the entrance is set back from the sidewalk by a walkway or doorway, the measurement is taken from the center of the line where the walkway/doorway meets the sidewalk.

And, the existing licensed premises do not have to be on the same street.

What happens if I lose the 500 Foot hearing?

If the administrative law judge rules against you, the Liquor Authority will continue to process your application but it will be referred to a Full Board hearing to determine whether it will issue your license. This means that: (a) you will not receive a temporary permit while your application is pending, and (b) the length of your application process will increase by at least 3 to 4 more months to account for scheduling and holding the Full Board hearing.

This is a significant setback, but the more important point is that losing is largely avoidable with proper preparation. The Liquor Authority has a genuine bias toward approving new applicants. Most denials come down to a weak public interest statement, a failure to anticipate municipal opposition, or going into the hearing without understanding what the judge is looking for. If your location triggers the rule, the time to build your case is before you file and not after the hearing is scheduled.

Renew Your License

When do I need to renew my license?

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How do I renew my license?

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What happens if I do not submit my renewal in time? Can I still operate while it is being processed?

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How long does it take for the Liquor Authority to process my renewal?

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How do I get the actual physical license?

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How do I Add or Remove a Partner From My Liquor License?

How do I add a new partner to the license?

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How do I remove a partner from the license?

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How Do I Change the Terms and Conditions of My License?

If I don't like my shirts, can I return them?

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How do I Deal With My Community Board in New York City?

How much do I have to pay to get started?

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What is the 3% under allowance policy?

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How do I go about making payment?

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Have other questions? Send me a note!

For any other questions, please email me at david@liquorlicenseguy.com, or call or text me at 631-624-9007.