TTB Registration
Ever retail licensee has an obligation to register with the TTB by filing form TTB 5630.5d (Alcohol Dealer Registration. The form is supposed to be filed before engaging in business and a new form is to be filed for each location. The registration information is to be updated before July 1st of each year if, and only if, there is a change in the filed information. There is no registration fee.
New York City License Tax
Businesses licensed by the New York State Liquor Authority that sell retail beer, wine, or liquor in New York City are required to pay a license tax equal to 25% of the license fee.
https://www.nyc.gov/site/finance/business/business-retail-beer-wine-and-liquor-license-tax.page
Required Signs
All licensees are required to post certain signs. These signs must be visible and may not be obstructed. All signs should be conspicuous and close to the place of sale. New York State required signs include the liquor license, a government warning regarding pregnancy, a sign warning against sales to minors and intoxicated persons, as well as a sales tax sign. All beverages on tap must have the brand label printed on the tap handle. Additionally, New York City has its own warning sign regarding the consumption of alcohol by a pregnant woman. The City also requires a no smoking sign. Food allergy awareness signs and choking first aid signs are required for on-premise licensees.
Serve from the Original Container
Serve only from the original containers. Do not pour from one container to another or prepare drinks in advance. There is an exception for a continuously mixing machine with a capacity of one gallon or more and it is legal to decant wine in front of patrons just before serving.
TEMPORARY CLOSING
If closing for more than two weeks, the license must be placed in safe keeping with the SLA. Unless approved by the Authority for good cause shown, no license certificate may remain in safekeeping for more than six months. At the conclusion of that six-month period, a licensee must be prepared to either take the license certificate out of safekeeping and resume licensed activities; surrender the license; or request and obtain approval for an extension of the time the license certificate may be kept in safekeeping.
License Restrictions
All licenses are subject to restrictions. Each county has set times when alcohol may be sold. A special permit is required to be open at any other hours, such as New Years Eve. In addition, many licensees have restrictions imposed on them by the New York State Liquor Authority. These limitations are often printed on the license. If the licensee entered into a stipulation with the local community board, the terms of that stipulation will limit the use of the license. Also, all licenses are limited by the method of operation reported to the SLA at the time the license was approved or amended.
Temporary Permits Issued for A New Business
All temporary permits except those related to the transfer of a licensed business are subject to the following conditions: closing time is no later than 12 AM; any outdoor space must close by 10 PM Sundays through Thursdays and 11 PM Fridays and Saturdays; no outdoor music is permitted; and recorded background music is permitted only indoors. No live music, DJs, karaoke, juke box or dancing is permitted under such a temporary permit.
Keven Danow is an attorney representing members of all three tiers of the Beverage Alcohol Industry and member of The Danow Group, 605 Third Avenue, New York, NY 10158. (212 3703744). Website: thedanowgroup.com; email:kd@thedanowgroup.com
This article is not intended to give specific legal advice. Before taking any action, the reader should consult with an attorney familiar with the relevant facts and circumstances.
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