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New York Liquor License Lawyer Guest Q&A: Under what circumstances do you need a Warehouse Permit and what is the Notice of Publication?

We are pleased to continue our guest blog series on questions about the New York State liquor license. Our Westchester County and New York Lawyers have helped many applicants ranging from restaurants to liquor stores resolve various issues related to their liquor licenses as well as obtain their liquor license in an expedited manner.

above-the-bar-logo.jpgFAQ: While renovating and planning the design of my new restaurant, I realized that my restaurant, which is located on the ground floor, does not have interior or direct access to the basement, where I will be storing beer, wine, and liquor. Do I need to get a Warehouse Permit even though the entrance to the basement is immediately next door?

Yes. If you are going to be using the basement for storage of alcoholic beverages and you do not have interior access from your restaurant to the basement, you must apply for a Warehouse Permit in order to store beer, wine, or alcohol. Even if the entrance to the basement is adjacent to your restaurant’s door, you must obtain a warehouse permit. The fee for a warehouse permit is $788.00 for a period of 3 years and may be prorated depending on when you are filing. Along with the application, you must also submit a diagram of the area for which you are seeking a permit, proof of liability insurance, photographs of the interior and exterior of the area, and a penal bond in the sum of $5,000. The SLA will not issue a Warehouse Permit to certain persons licensed under the Alcohol Control Law unless they fall under one of the exceptions. Our attorneys can determine if you qualify for a Warehouse Permit or one of the exceptions.

Although you can down load the form from the SLA website and fill out it out yourself, we recommend you call our experienced attorneys to ensure that your warehouse permit gets approved without delay. Our attorneys will make sure that when you are ready to open your restaurant, your warehouse permit is also approved.

FAQ: What is the Notice of Publication and when do I have to file it?

After you have submitted your application for an on premises liquor license, you must publish a notice in a newspaper, designated by the County Clerk, once a week for two successive weeks. The publication requirements are different depending on which county you live in. Our attorneys can help you determine which newspaper to print in and how often depending on the location of your premises.

The Notice must stated what type of license you have applied for, what type of alcohol you will be selling, the type of establishment, and the location of the premises. Your name and the Trade Name, or the “DBA,” must be at the bottom of the advertisement. You must make the first publication within 10 days of filing your on premises liquor license application. You need to obtain 2 original copies of proof of publication. You must submit one to the SLA within 15 days of receipt and keep the second copy for yourself. After having filed your on premises liquor license application and being in the process of getting your premises ready to open, you may easily forget to file the Notice of Publication. Be mindful that unless you show good cause, the SLA will not issue a license unless proof of publication is submitted within the 15 day period.

The Notice of Publication is just one facet of the application that makes it complicated and overwhelming especially if you are busy trying to get your restaurant ready to open. Missing or inaccurate information in your application can cause significant delay or rejection costing you thousands of dollars. Call our New York Liquor License Attorneys at Villanueva & Sanchala at (800) 893-9645 to help you obtain your liquor license in an expedited manner so that you can focus on getting your business open.

Disclaimer: 

Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.