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@sydangroup.com.

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

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