How a Criminal Record Affects Qualifying for a Liquor License

You might think that having a criminal record is a deal breaker when it comes to obtaining a liquor license in New York. But in fact, a criminal history does not necessarily disqualify an applicant. It is true that felonies and certain other offenses are grounds for denial, along with criminal activities that impinge on public safety or raise questions about an applicant’s moral character. However, each application is evaluated on a case-by-case basis.

Criminal convictions that automatically disqualify an applicant are:

• Felonies, including felony DWI
• Prostitution-related offenses, including promoting or permitting prostitution
• Unlicensed liquor sales

For other crimes such as the following, the New York State Liquor Authority (SLA) will examine the conviction in context to see if it involves moral turpitude or a disregard for public safety. Examples are theft crimes, drug crimes and alcohol-related crimes, such as DWI. Furthermore, a pattern of repeat offenses can signify ongoing unlawful behavior, making it less likely for the SLA to grant a license.

An applicant should not always assume a conviction is an outright disqualification. A single non-violent offense, particularly if it occurred long ago and the individual has demonstrated significant rehabilitation, may not prevent someone from obtaining a liquor license. When making a decision regarding an application, the SLA evaluates various pertinent factors, including:

• Honesty and transparency — Disclosing any criminal history is pivotal in securing a liquor license. Failing to report a conviction may be more detrimental than the conviction itself. 
• Recency of the offense — A recent conviction may be viewed as more troubling than one from years ago. 
• Nature and severity of the crime committed — Mitigating factors and diminished punishment are considered.
• Evidence of rehabilitation — The SLA will consider proof that applicants have changed their lives, whether through completing probation, undergoing treatment or keeping a clean record.
• Character references and community involvement— These can bolster an applicant’s position, providing a broader context to their actions and intentions.

If you are considering applying for a liquor license and have a criminal record, an experienced liquor license attorney can assist in drafting a suitable disclosure statement and prepare you for any potential hearing, helping you present the strongest possible case. Many applicants have successfully navigated the process by being forthright about their past and showing accountability and responsibility.

At The Law Office of Stacy L. Weiss, PLLC in Manhattan, we will take charge of the New York liquor license application process for your business and ensure that it goes smoothly. Call us at 212-521-0828 or contact us online to arrange for a free initial consultation.