SLA to Enforce Local Notice Requirement for License Renewal

Under Section 109(2) of the ABC Law, all on-premises establishments (bars, taverns, restaurants, clubs, etc.) must notify their municipality of the intent to renew a license application 30 days before filing the renewal application with the SLA (you have to wait 30 days after sending your notice to your locality before filing your renewal application with the Authority). Under this section, renewal applications received by the SLA without proper proof of notice to municipalities must be disapproved. Acceptable proof consists of:

• A copy of the notice sent to the municipality and either the original or a copy of the certified mail receipt card; or
• The original or a copy of the notice sent to the municipality, date stamped and signed by the municipality showing receipt.

In February of 2007, the SLA reminded licensees of their obligations under the law by posting notice on the agency website and by prominently posting notice for licensees utilizing on-line renewal transactions. In addition, all renewal application packets sent out beginning in March of 2007 included a warning notice, in bold lettering on yellow paper instructing licensees that renewals would be denied unless they notified their municipality (community board, village, town, or city) of their intent to renew 30 days before submitting their renewal application.

Because of the high rate of non-compliance, the Members of the Authority took action in June designed to expeditiously, consistently, and equitably resolve the matter. Licensees in good standing will be offered the opportunity to have their license renewed and remain open by acknowledging the violation of the ABC Law and paying a civil penalty. By raising awareness among licensees of their obligations under the law, the SLA seeks to increase voluntary compliance.