![]() ![]() It is important to know the complete corporate structure of your tenant before signing a lease and making an application to the SLA. By law, certain individuals are prohibited from selling alcohol, including, but not limited to persons convicted of a felony or certain misdemeanors persons under the age of 21 police officials or individuals owning a direct or indirect interest in a liquor manufacturer or wholesaler. Generally the tenant under a lease is an entity, but the SLA will require disclosure of all officers, directors, managers as well as all individuals with a direct or indirect ownership interest in the entity seeking a license. Who is the Tenant? There are specific rules regarding who may or may not be licensed to sell alcoholic beverages in the State of New York.Accordingly, fully understanding who you are representing and where they are planning on doing it is critical before you begin the lease negotiations. Licenses are issued to a specific licensee for a specific location. When applying to the State Liquor Authority (“SLA”) a written copy of the lease must be included. In order to obtain a retail liquor license, the applicant needs to be the property owner, a lessee or a management company. This article doesn’t address all of those issues, but is limited to specific considerations when you intend to obtain a full, on-premises, retail liquor license (not simply a beer and wine licenses) in connection with your restaurant. Countless issues to consider when entering into any lease and some very specific additional considerations when you are signing the lease to open a restaurant. ![]()
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December 2022
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