NYS Liquor Authority Violations occur when someone who holds a liquor license violates the Alcoholic Beverage Control Laws (ABC), or Rules of the State Liquor Authority. NYS Liquor Authority Violations result in Disciplinary Hearings with the State Liquor Authority.
NYS Liquor Authority Violations can have serious consequences. NYS Liquor Authority Violations can cause a NY liquor license to be suspended or cancelled. The person(s) who commit NYS Liquor Authority Violations may also face criminal charges.
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How are NYS Liquor Authority Violations Investigated?
There is an established process that the State Liquor Authority uses when NYS Liquor Authority Violations occur.
Prior to Disciplinary Proceedings, the State Liquor Authority will take some or all of the following actions to investigate suspected NYS Liquor Authority Violations:
- On-site inspection of organizations that have a liquor license,
- On-site undercover investigations by State Liquor Authority officials or law enforcement,
- The SLA investigators can use high school and college students as decoys to investigate alcohol sales to minors. The SLA investigators can advise their under 21 year old agents that they may lie about their age when attempting to purchase alcoholic beverages during the sting operation.
- Reports and/or investigations are reviewed by law enforcement and regulators,
- Interviewing potential witnesses and gathering evidence related to potential NYS Liquor Authority Violations
If enough evidence of NYS Liquor Authority Violations are found, the people who hold the liquor license are issued a Notice of Pleading.
Someone who receives a Notice of Pleading can choose to plead either Not Guilty, No Contest or Conditional No Contest.
- Not Guilty - this allows the license holder to have their NYS Liquor Authority Violations case moved to a civil hearing where a judge will hear testimony from both the State Liquor Authority and the license holder,
- No Contest - this allows the license holder to make a statement, providing the opportunity to lessen the charges,
- Conditional No Contest - this allows the license holder to admit guilt to NYS Liquor Authority Violations under the condition that the penalties do not exceed certain charges or punishments,
How you choose to plea to NYS Liquor Authority Violations can have a major impact on the outcome of your case. For years, New York State Liquor Authority Consulting has helped people who are facing NYS Liquor Authority Violations. We are experienced in connecting people who are facing NYS Liquor Authority Violations with professional legal representation.
If facing NYS Liquor Authority Violations, we can help you get a lawyer who is experienced in handling cases like yours.
What Happens After NYS Liquor Authority Violations?
After a Notice of Pleading has been responded to, there are Disciplinary Proceedings to determine the penalties of NYS Liquor Authority Violations.
In addition to Disciplinary Proceedings, people who are accused of NYS Liquor Authority Violations may also be arrested and charged with a crime.
Consequences of NYS Liquor Authority Violations
Beyond potential criminal penalties, the State Liquor Authority may impose the following penalties for NYS Liquor Authority Violations on someone who holds a liquor license:
- Suspension - the license is taken away from a license holder for a specific number of days. This means that the license holder will not be able to buy or sell alcoholic beverages during the specific number of days.
- Cancellation - the license is taken away from a license holder, but there are no limits on reapplying for another license,
- Revocation - the license is taken away from the license holder, and the location associated with the revoked license cannot sell alcoholic beverages for two years. This may also result in the State Liquor Authority denying a new license at the same location for two years.
- Civil Fine - the license holder must pay a fine(s) that could be more than $10,000 per violation
- Bond Claim - a claim is submitted for payment to be made on the bond filed with the license application
As well as the above penalties, NYS Liquor Authority Violations may result in a letter of warning or a letter of advice, which notifies the license holder that they have committed a NYS Liquor Authority Violation, but there will not be a disciplinary proceeding.
Being Accused of NYS Liquor Authority Violations Can Jeopardize Your Business.
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Common NYS Liquor Authority Violations
Selling Alcohol to Minors
Selling alcohol to minors is among the most serious NYS liquor authority violations. Businesses with a liquor license or alcohol license may face criminal penalties or fines for selling alcohol to minors.
Businesses are still subject to disciplinary action regardless if:
- The business thought the minor purchasing alcohol was 21 or older
- The minor purchasing alcohol lied about their age
- The minor purchasing alcohol appeared to be at least 21 years old
- A customer over 21 buys alcoholic beverages and gives the alcohol to a minor
College ID cards or Sherrif's Department ID cards are not acceptable proof of a customer's age, unless one of the following can be used in addition to verify a customer's age:
- Valid driver's license from New York State, any other state or Canada
- US military ID
- Valid passport or visa issued by the US government or another country
The New York State Liquor Authority regularly investigates businesses to ensure compliance with laws regarding selling alcohol to minors. This includes investigators watching alcohol sales occur at your business or using minors as agents.
If an organization's employees have participated in an Alcohol Training Awareness Program, penalties may be reduced if your business is charged with selling alcohol to minors.
While penalties vary on a case by case basis, it is possible for an establishment to have their license revoked for selling alcohol to minors.
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Disorderly Premises: Common NYS Liquor Authority Violations
This type of NYS liquor authority violation occurs when organizations with an on-premises license allow any of the following:
- Use or sale of controlled substances,
- Fights,
- Prostitution,
- Lewd conduct,
- Excessive noise
The State Liquor Authority recommends that establishments contact local law enforcement to respond to any of the above. Contacting local police will not be held against someone with an on-premises liquor or alcohol license when the State Liquor Authority deliberates on disorderly premises charges.
Establishments with a liquor license and/or alcohol license have an "adequate supervision" obligation to prevent the above issues from occurring at their location.
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Providing Alcohol to Intoxicated Patrons is a NYS Liquor Authority Violation
Selling, delivering or giving away alcohol to someone who is visibly intoxicated is a crime in NY state. Establishments with a liquor license or alcohol license can face disciplinary action from the State Liquor Authority in the event that the licensee violates this.
NYS Liquor Authority Violations for Serving Intoxicated Patrons Could Jeopardize Your Livelihood.
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Unlimited Drink Specials Can Be NYS Liquor Authority Violations
The NYS Liquor Authority does not allow any of the following sales or offers for alcoholic drinks:
- Unlimited alcoholic drinks for any set period of time,
- Unlimited alcoholic drinks for any fixed price,
- Free alcoholic drinks,
- Multiple alcoholic drinks for free or for the cost of a single alcoholic drink,
- Alcoholic drinks for a low initial price paired with a price increment over a period of time
However, there are clear exceptions to NYS liquor authority violations for unlimited drink specials.
The above drink special rules do not apply for any of the following:
- Private events not open to the public,
- Weddings,
- Banquets,
- Receptions,
- Drink specials that are packaged with food and beverages where alcoholic drinks are incidental to the event
Relatedly, certain alcoholic drink specials are also allowed, including:
- 2 for 1 alcoholic drink specials,
- Half price alcoholic drink specials (the price of the drink must not be lower than one-half of the establishment's regular price for the same drink)
In The Event of NYS Liquor Authority Violation Charges Related to Unlimited Drink Specials...
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Availing: NYS Liquor Authority Violations
Availing occurs when a business with a liquor license or alcohol license hands over control of the licensed business to someone else without properly documenting and notifying the NY State Liquor Authority of this change. An example of this is an improper liquor license transfer.
Availing also happens when someone's involvement in a business isn't mentioned as part of a NYS Liquor License Application or liquor license transfer.
Examples of availing as a NYS liquor authority violation include:
- an undisclosed person or organization receiving a percentage of profits from a licensed establishment
- a contract or agreement that hands over a liquor license or alcohol license to an undisclosed person or organization
NYS Liquor Authority Violation Availing Charges Have Potentially Serious Consequences.
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Gambling is a NYS Liquor Authority Violation
Establishments with an on-premises license or off-premises license cannot allow gambling at their location. Both professional and casual gambling are prohibited at establishments with an on-premises license or off-premises license.
Three questions are used to determine if an activity is considered gambling as it relates to NYS liquor authority violations:
- Is the activity a contest of chance?
- Is the person giving something of value to participate?
- Is something valuable being offered as a prize?
Certain activities are excluded from the definition of gambling as it relates to NYS liquor authority violations. Establishments with a liquor license or alcohol license are allowed to:
- Sell lottery tickets (if appropriate state authorization is provided)
- Host bingo
- Provide or permit games of chance with appropriate state authorization
- Conduct raffles for non-profit organizations
Running in to Problems Related to Gambling and NYS Liquor Authority Violations?
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NYS Liquor Authority Violations for Extension of Premises
As part of the NYS Liquor License Application, the establishment applying for the license must provide a description and diagram of the place that the license is for -- whether it's a bar, restaurant, liquor store, retail location looking to sell liquor or alcohol or anything else.
A business cannot sell or allow consumption of alcohol anywhere that is not included as part of the description or diagram in your liquor license or alcohol license application.
To put it simply, if you have a liquor license or alcohol license, you can't sell alcohol or have people consuming alcohol anywhere other than your licensed location. This includes any additions to your location that have not been submitted and approved to the New York State Liquor Authority. Relatedly, if your restaurant location has a liquor license or alcohol license, you can't sell liquor or alcohol from your food truck.
Charges Related to Extension of Premises Violations Could Have Serious Consequences.
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NYS Liquor Authority Violations for Failure to Conform
As part of having a liquor license or alcohol license in NY state, you're agreeing to certain rules. Failure to follow these rules that are agreed upon as a condition of your license is a violation.
In addition to the rules that are specific to your type of liquor license or alcohol license, licensed businesses must also comply with state and/or local regulations, such as health and safety requirements and building codes.
Too Often, NYS Liquor Authority Violations for Failure to Conform Mean Businesses Are Charged with Violations That They May Not Even Understand.
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How New York State Liquor Authority Consulting Can Help You When Faced with NYS Liquor Authority Violations
For years, New York State Liquor Authority Consulting has helped people who are facing NYS Liquor Authority Violations. We can help by referring you to a lawyer who has experience with cases like yours.
Don't waste time trying to find a lawyer who may not even be the right type of attorney for your case. The potential consequences of NYS Liquor Authority Violations can be very serious. New York State Liquor Authority Consulting can help you get the legal representation that you will need.
