Overview
Whiteman Osterman & Hanna has extensive experience representing clients in the area of Alcoholic Beverage Law. Our attorneys regularly assist businesses across a variety of industries in all matters relating to the New York State Liquor Authority (SLA) and Alcohol and Tobacco Tax and Trade Bureau (TTB).
Our clients consist of a variety of national, regional and local businesses, including liquor stores, grocery stores, bars, restaurants, hotels, racetracks, casinos, movie theaters, golf courses, vessels, breweries, distilleries, wineries, including craft beverage manufacturers, distributors, and more.
We work closely with our clients to advise them of the requirements and many factors to be considered in determining the appropriate license for their business. These factors include such things as the qualifications of the applicants themselves, corporate, financing and investment structures for the project, and whether the proposed location meets the legal requirements for the type of license sought.
We not only guide our clients through the initial licensing process but also provide ongoing counsel to help them keep their licenses in good standing, handle required changes and approvals, submit timely and complete renewals, handle enforcement and disciplinary proceedings, and assist with sales and acquisitions of their businesses.
Our extensive experience allows us to assist clients in developing strategies to achieve specific licensing and compliance objectives. We work closely with the agencies to navigate and promulgate regulatory changes and help clients adapt their licensing strategies accordingly.
Learn About Our Practice
Our attorneys work with businesses in all areas of the alcoholic beverage and hospitality industries to navigate the complex regulatory framework at both the state and federal level. We appreciate that beverage alcohol regulation is uniquely complex. Our goal is not only to assist our clients with the licensing process, but also to help them understand the requirements and standards they will be subject to as licensees in order to maintain ongoing compliance with their state and/or federal licenses and permits.
Representative Experience
New York State and Federal Licensing and Compliance
Commencing the licensing process typically includes threshold issues such as determining the correct type of license, who and what must be disclosed as part of a license application, managing community board/municipality review, evaluating whether any other licenses or permits are required or recommended, addressing any 200 and 500-Foot Law issues, and assessing eligibility to apply for a Temporary Operating Permit. We assist our clients with all stages of the licensing process, including the preparation and submission of required applications, and ongoing communications with the agencies, including any required appearances and/or hearings.
Purchase, Transfer or Sale of Licensed Businesses
The first step is to determine whether the ownership of the existing license can be changed, or whether the nature of the transaction requires a new license. This process includes not only guidance through the licensing process but also ensuring that the transactional documents appropriately set forth each party’s respective rights and obligations with respect to the applications and required documentation
Applications to Make Changes to a Licensed Business
There are a number of changes to a licensed business which require prior approval by the SLA and/or TTB. These typically include changes in ownership and/or management, changes to the licensed premises, changes to the class of license held, changes to the approved method of operation, and reports of arrests and/or convictions. The period of agency review and approval can vary greatly, so it is crucial to make sure that the process is handled in a timely manner.
Defense of Enforcement Investigations and Disciplinary Proceedings
If you and/or your business are the subject of an enforcement investigation and/or have charges brought against you by the SLA and/or the TTB, we can help you manage that process, including responding to document requests, working to defend the charges and/or negotiate a plea and/or appearing at interviews and hearings on your behalf.
Opposition to Proposed Package Stores
Holders of Retail Package Store (Liquor Store) licenses, have the right to protest against new stores proposed in the vicinity of their store. We frequently assist clients in opposing new stores, including preparing written opposition and appearing on their behalf at SLA Full Board Meetings.
Events and Special Permits
We regularly assist businesses in acquiring various alcohol-related permits, including one-day special event permits, catering permits, craft beverage tasting event permits, warehouse permits, auction permits, charitable permits, etc.
Meet Our Attorneys
Alexandra Becker
Partner
Nicole S. Green
Partner
Katherine B. Herlihy
Partner
William S. Nolan
Partner
Vincent L. Valenza
Partner
Richard L. Burstein
Senior Counsel
Randall S. Beach
Of Counsel
Meet Our Attorneys
Partners
Alexandra Becker
Partner
Nicole S. Green
Partner
Katherine B. Herlihy
Partner
William S. Nolan
Partner
Vincent L. Valenza
PartnerSenior Counsel
Richard L. Burstein
Senior CounselOf Counsel
Randall S. Beach
Of Counsel
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