ABC Violations & Consequences
Posted By Michael Redenburg on Jun 15, 2011 9:25am PDT
In New York State, an on-premise
liquor license is required for a restaurant or bar to sell
alcoholic beverages to the public who patronize such an establishment. Subdivision 1 of section 65 of the
Alcoholic Beverage Control Laws, §65(1), states that no person shall sell, deliver or give away or cause or permit or procure to be sold, delivered or given away an alcoholic beverage to any person actually or apparently, under the age of twenty one years. It is not uncommon for a local police department to conduct an undercover operation to determine whether alcoholic beverages are being sold to minors in a bar or restaurant. Often times, an auxiliary police officer will enter a bar or restaurant with an undercover detective and approach the bar. The auxiliary officer is usually 19 or 20 years of age and orders an alcoholic beverage, but does not present valid identification. To build a strong case against the bar/restaurant and licensee, this undercover operation will often take place over a period of time, with numerous such undercover transactions taking place.
In addition to criminal charges and Alcoholic Beverage Control (
ABC) violations, the Police Department may also seek injunctive relief against the establishment in Supreme Court. The police will allege that reported ABC violations constitute a public nuisance and seek a temporary restraining order (TRO), permanent injunction and closing order, which if granted, may close the establishment.
Attorney Redenburg can assist you in having the injunction TRO lifted and allowing you to re-open for business. Mr. Redenburg will also represent the licensee before the New York State Division of Alcoholic Beverage Control.