NYS Liquor Authoirty

[Yurgee]

What is the name of your state? New York

I am hoping that some one here has knowledge of the New York State Liquor Authority ins and outs...

I have established my LLC for a new tavern that I want to open. Shortly after my attorney established the company, I filled out the proper paperwork and suppilied the numerous other documents required by the state. I was near 95% sure that I had everthing in order and ultimately only had to make minor amendments.

The application was entered into their system on 6/5/07 and I was aware that it could take 6 - 12 weeks for a decision. The time frame was told to me by the LA personnel.

I talked with the investigator/examiner last week and he told me that he was going to submit the application for approval. I was happy because it was in their time frame. The next day he calls me and informs me that the previous tenant has an outstanding fine due to a civil penalty. Apparently it does not matter that is isn't related to me, but it is connected to the address, and that this needs to be cleared up by their legal team first before he can move forward.

The last tenant's license expired 11/30/06 and I was in the home stretch for approval and they give me this news. It was said that it could take a good amount of time for this to clear up. I have expenses that will ultimately cripple me.

Does anyone have any experience with this and have any suggestions? I have contacted the attorney for the NYS LA, the commisioner, the chairman, and my local senator. Some I've heard back from but some I haven't yet.

Thanks

 

[xylene]

Does anyone have any experience with this and have any suggestions?

Do you have the cash to pay the violation fines?

 

[You Are Guilty]

I'm afraid this is not a problem with a legal solution. What you "need" is a friend in high places who can shepherd your application along. Since it seems this is your first foray into liquor licensing, it's probabyl safe to assume you don't have one, so Plan B is to just be as proactive as possible. However, even 12 weeks can be optimistic, so start working on Plan C (BYOB until you get your license issued is a common one).

Good luck.

 

[Yurgee]

The people (examiner & NYS LA attorney) have different thoughts about paying the fine. The examiner indicated that I can pay it and the attorney said no. However, I think that the attorney said that I can give it to the former owner and they can pay. I think that it's a hefty fee for a new busness owner at $3500. I have a good business plan, but I didn't anticipate this happening. Actually, if they would have disclosed this in the beginning, I would have considered not going through with it or trying to solve the issue.

The business is primarily a bar, so BYOB will still place me in the poor house. The food side will not support the expenses.

I am in the process of doing your suggestion by getting some politicians help and a former investigator has been giving me some good ideas. I'm trying hard, but thought I'd ask if an attorney in a related field of practice can help.

Thanks