The 500 Foot Rule

New York State law generally prohibits the issuance of more than three full liquor on premises licenses within a 500 foot radius. There are exceptions however; the most crucial of which is the applicant proving that the issuance of the license will promote public convenience and advantage and that the public interest will be served by the granting of the license. This is commonly referred to as the 500 Foot Rule. As an applicant, it is vital to determine whether your application is subject to the 500 Foot Rule.

The 500 Foot Rule “Hearing”

Applicants subject by the 500 Foot Rule will be invited to appear at a 500 Foot Rule Hearing before an administrative law judge. At this hearing, applicants have the opportunity to overcome the restriction by demonstrating that the issuance of the liquor license is “in the public interest.” Applicants are not given the opportunity to appear at these hearings, and rather, a lengthy 46 question Public Interest Questionnaire must be completed and submitted prior to the hearing. The administrative law judge will then make their ruling based on this questionnaire and any opposition submitted by the relevant community board or members of the public.

The New York Alcoholic Beverage Control Law set forth the following factors which the SLA may consider when determining whether the applicant has establish that the granting of the application is in the “public interest:”

The number, classes and character of licenses in proximity to the location and in the particular municipality or subdivision thereof;
Evidence that all necessary licenses and permits have been obtained from the state and all other governing bodies;
Effect of the grant of the license on vehicular traffic and parking in proximity to the location;
The existing noise level at the location and any increase in noise level that would be generated by the proposed premises;
The history of liquor violations and reported criminal activity at the proposed premises; and
Any other factors specified by law or regulation that are relevant to determine the public convenience and advantage and public interest of the community.

When preparing for a 500 Foot Hearing, applicants are strongly urged to consult with experienced liquor licensing counsel. A careful examination of the neighborhood in which the premises located often reveals arguments that will persuade the SLA that a showing of “public interest” has been made. Our attorneys have years of experience preparing for and prevailing in 500 Foot Rule Hearings and are ready to represent you or your business at your hearing.

Other Exceptions to the 500 Foot Rule

Be aware that several clear exceptions to the 500 Foot Rule exist. The 500 Foot rule does not apply to:

Establishments in operation since November 1, 1993;
Applications for renewals or for corporate changes to existing licenses;
Establishments located in cities, towns, or villages with a population of less than 20,000.

To schedule an initial consultation regarding your liquor license application or 500 Foot Hearing, please contact us through our website or by phone: (212) 835-6768 in New York City or (609) 480-3080 in Princeton, New Jersey.