AX/DX Liquor Licenses in New York State

Overview of AX/DX Liquor Licenses

In New York State, an AX/DX liquor license can be obtained for a grocery store or drug store, allowing the business to sell beer and wine coolers. These beverages must be sold in a "to-go" state and must be consumed off-site.

Regulations for AX/DX Liquor License Holders

The following regulations also apply to AX/DX liquor license holders in the state of New York:

• Alcoholic beverages may not be purchased from, nor sold to, another retail business
• Beer and wine coolers may only be purchased from a wholesale dealer with a valid license
• Beer can't be sold on Sundays between 3 a.m. and 12 p.m. (noon). The county in which your business is located may have additional requirements for closing hours, and it is your responsibility to know them
• Consumers may buy beer and wine coolers for their personal consumption but not for resale
• If your business is a grocery store, you may not sell wine or liquor
• No open containers of alcohol-containing beverages are permitted inside the business
• Sales can be made using cash or credit card. "House credit" is not permitted

Applying for Your Liquor License

Contact our law office when you need assistance in obtaining a liquor license for your business. We can explain to you which regulatory agency you need to speak to, how to prepare the documents you'll need, and any other materials you'll need to prepare to make your case for obtaining a liquor license.

Compliance and Maintenance

Our law firm can also advise its clients about how to comply with the applicable licensing laws and maintain a license after you've been granted your license. This includes:

• How far your business has to be from other businesses with a similar license
• How far your business has to be from schools and places of worship
• How to prepare a Letter of Notification for the appropriate local Community Board
• Which Community Boards you'll need to address your Letter of Notification to
• If required, when to attend the Community Board meeting
• How to prepare any affidavits, forms, letters, and sketches you may need
• How to submit all the documentation you need for your liquor bond
• How to file all the appropriate documents with the New York State Liquor Authority
• If required, how to prepare a Publication Notice in the appropriate local newspaper

License Classes and Representation

We'll explain to you the various classes of liquor licenses, including DX and AX licenses. We'll make sure you understand the requirements you need to meet in order to be eligible for these types of liquor licenses. Our law firm can help familiarize you with the New York State Liquor Authority's laws and regulations. We can also represent our clients, if needed, at a 500 Foot Hearing and/or a Full Board Meeting, should either of these be required by the New York State Liquor Authority.

Administrative Hearings and License Violations

Have you been ordered to appear before the New York State Liquor Authority for an administrative hearing? Has your business been warned about a violation of New York State's liquor licensing laws? Have you been threatened with having your liquor license revoked? If any of the above apply to you, contact our law firm today for legal advice on how to proceed. Our law firm's extensive experience and deep knowledge of New York's liquor laws and licensing procedures will make it easier for your business to successfully apply for a liquor license.

License Denials and Appeals

Has your business been denied a liquor license? If so, call our law office today so we can help you prepare an appeal for the New York State Liquor Authority to reconsider.

License Transfers

Is your business for sale? Does the buyer need to buy out your existing liquor license? If you need to transfer your existing liquor license from your business to the buyer of your business, our law firm can help you prepare the documentation you'll need to turn in to the New York State Liquor Authority. We can also help you secure a temporary (usually 90-day) liquor license to continue to sell liquor while your business is in transition.

Disciplinary Actions

The New York State Liquor Authority is permitted to use the following forms of disciplinary actions in dealing with businesses that it finds to be in violations of its regulations:

Bond Claim

This is a claim made against your business's surety bond, which must then be paid by the company insuring the bond.

Cancellation

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Cancellation terminates your liquor license but does not bar you from applying for a new license.

Civil Penalty

A civil penalty is a fine (money) you must pay in addition to, or as an alternative to, having your license cancelled, revoked, or suspended.

Proscription

In the event that your liquor license is revoked, proscription bars you from applying for another liquor license for two years if the New York State Liquor Authority also imposes proscription.

Revocation

Revocation terminates your license and also bans you from holding a liquor license for two years.

Summary Suspension

In the event of a public health, safety, or welfare violation, the State of New York may suspend your license effective immediately. This emergency procedure is specified under the State Administrative Procedure Act.

Suspension

Suspension prohibits your business from selling any alcoholic beverages during the time that the suspension order specifies.

Get Legal Help

If your business has been subjected to any of the above disciplinary actions, call the law firm to discuss your rights and responsibilities under the law.