Do you know the most common violations of the New York Alcohol Beverage Control Law (also known as the Liquor Law)?
- Sale to Minor (under 21 years old) – (It is important to note that the Members of the Authority have directed that any sale to a person under 16 can result in revocation of the license, even for a first offense.)
- Sale to an Intoxicated Person
- Operating outside of your approved method of operation (e.g., operating as a “Bar” even though your application stated your use was going to be a “Restaurant” or use of security guards despite stating otherwise on your application, etc.).
- Alteration of a licensed premise without approval of the Liquor Authority
- Minors present in a Licensed Establishment (persons under the age of 16 must be accompanied by a parent or guardian to enter an on premises establishment).
- Unlicensed security guards (bouncers or doormen)
- Sales during Prohibited Hours of Sale
- Allowing drinking during Prohibited Hours of Consumption
- Employment of a Minor – Bartenders, waitresses, waiters, hostesses, and/or any persons who handle and receive payment for alcoholic beverages must be at least 18 years old. Bus persons and dishwashers who handle containers which have held alcoholic beverages must be at least 16 years old and must be directly supervised by someone at least 21 years old. Clerks and cashiers in liquor and/or wine stores or drug stores must be at least 18 years old. Clerks and cashiers who handle and receive payment for alcoholic beverages in grocery stores and convenience stores must be 16 years old and must be supervised by someone at least 18 years old
- Disorderly Premises (includes Lewd and Indecent Conduct, Excessive Noise, Assaults, and Prostitution)
- Gambling at licensed establishments
- Narcotics at licensed establishments
It is important that licensees regularly train employees about the requirements and prohibitions of the Liquor Law. Since employees change, it is a best practice to have a written training manual for new hires. You should also test your employees periodically, especially on how to identify fake IDs, how to prevent bar fights and how to identify when customers are intoxicated. Good training of your staff is the most important step you can take to stay in compliance.