Lately, I’ve been spending more time than usual sitting or waiting or daydreaming at the Liquor Authority’s full Board meetings while representing clients at their liquor license approval/disapproval hearings. It occurred to me that you or your clients might like to know how the Board handles two common issues which come up in liquor license applications.
The first is opposition by the local Community Board or local government. Frankly, based on my experience with the current Board, the Liquor Authority is not nearly as swayed by community board opposition as most people think, and does not give them any more or less influence than any other opposition. I’ve seen the Liquor Authority completely disregard community board opposition when it is not well documented, illogical, rambling, or unreasonable.
The other issue is the improper use of a license by an owner or operator to run their business. Normal people call this ‘using’ a license. The Liquor Authority calls this ‘availing.’ The bottom line: if the Liquor Authority believes an applicant or license holder did this, the Board will punish the violator in every way possible. There will be no mercy, no consideration, and no flexibility. This offense drives the Board members absolutely crazy.
I hope that gives you a better idea of what’s happening at the Liquor Authority Board meetings and how the Board views and reacts to these two issues.
In the meantime, if you or a client have questions or need help with a liquor license issue or transaction, please contact me to see what I can do to help.