A license for off premise consumption of wine or liquor is directed to a person or persons and a specific location.  The New York State Liquor Authority (“SLA”) looks past any legal entity such as a corporation to the “warm bodies” behind it.  In order for a person to qualify to hold a license, the person must not have been convicted of a felony or certain misdemeanors; be at least 21 years of age, be a United States Citizen, an alien admitted to the United States for permanent lawful residence, or be a citizen of a country with a reciprocal trade agreement with the United States, not be a police officer and not have had a license revoked in the past two years.  A person who has been convicted of a felony may still qualify if he or she has been pardoned or has received a certificate of relief from the disability.  A corporation may be licensed if each of its principal officers and more than one-half of its directors are citizens of the United States or aliens lawfully admitted for permanent residence in the United States.  

Under New York Law a person may only qualify to hold an interest in one off premise wine or liquor license and will not qualify for any retail license if he or she has an interest in a business which manufactures alcoholic beverages or sells alcoholic beverages at wholesale. 

If all the people behind the application qualify, the SLA will turn its attention to the proposed location.  The SLA cannot issue a license for a wine or liquor store within two hundred feet of a school or place of worship located on the same street. The measurement is made from the center of the door of the store to the center of the door or walkway to the school or house of worship. A store located on a corner is deemed to be on both abutting streets.  

An applicant for a wine and liquor store must demonstrate that the public convenience and advantage will be served by granting a license for the new store. In making that determination the SLA evaluates whether the public is adequately served by existing stores.  To do this the SLA obtains the gross sales figures for the four closest stores and determines if sales are rising or falling. The SLA also looks at shifting demographics such as population changes.  It will consider the size of the proposed store, the proximity of existing stores, traffic and parking conditions, and whether the new store will be “open” if the surrounding stores are “bullet proof.” Because the final determination is based upon public convenience and advantage, except in the case of an application for a transfer of an existing license, the SLA cannot issue a temporary permit for an off-premise license.  

A wine store may sell wine, wine products, cider, and mead.  A liquor store may sell all of the forgoing and liquor. No person licensed to sell wine or liquor for off premise consumption may engage in any other business on the licensed premises except that they are permitted to sell reusable bags, corkscrews, ice, publications, including prerecorded video and/or audio cassette tapes, or educational seminars, designed to help educate consumers in their knowledge and appreciation of alcoholic beverages allowed pursuant to their license, the sale of non-carbonated, nonflavored mineral waters, spring waters and drinking waters, glasses designed for the consumption of wine or liquor, racks designed for the storage of wine, and devices designed to minimize oxidation in bottles of wine which have been uncorked, gift bags, gift boxes, associated gift or promotional items, or wrapping, for alcoholic beverages purchased at the licensed premises. 

Keven Danow is an attorney representing members of all three tiers of the Beverage Alcohol Industry and member of The Danow Group, 275 Madison Ave, NY, NY. 10022.  (212 3703744). Website: thedanowgroup.com; email:kd@thedanowgroup.com