We help entrepreneurs in the New York hospitality industry (restaurants, franchises, wineries, bars, nightclubs, bed and breakfasts, country clubs, microbreweries, wine stores, liquor stores, catering establishments, and alcohol retail markets). Our clients need an attorney familiar with the regulatory environment and business practices in their industry. We help you review a potential transaction, identify potential pitfalls and mitigate your risks. We help you draft, review and negotiate agreements and obtain permits and licenses necessary to operate your business. We educate you on how to comply with the law and avoid violations, and help you respond if you receive a violation notice. When you are ready to expand or sell, we help you navigate the process to maximize the return on your investment. Our experience in this area is very broad, so we can swiftly address any of our clients’ needs.
Whether you are a start-up establishment, entrepreneur with a dream or a successful business dealing with a business issue or planning for growth, you should consider talking with our experienced legal team. We can help you to keep your business running smoothly, and guide you as you plan for growth.
WHAT WE DO:
When you are ready to start a business, the first decision you must make is the legal form it will take. Your decision affects the structure of the business, taxation and other issues. Understanding your current and long-term goals, we can counsel you through the formation and organization of business entities such as Sole-Proprietorships, Partnerships, Corporations, ‘S” Corporations, Limited Liability Companies (LLC), or Limited Liability Partnerships (LLP). We also advise clients on joint ventures, private financing, franchising and succession planning, serving you throughout the life of your business venture.
The decision to buy or sell a business encompasses a myriad of issues, including licensing requirements, due diligence, complex real estate transactions, lien clearances, third-party approvals and assignments, leasing, agreements and contracts. Evaluating potential tax and liability consequences can be overwhelming. We can guide you through the entire process as your business and legal advisors.
Preparation is the key to running a successful business. It is far less costly to establish a compliant business the first time around than it is to correct mistakes or defend against State Liquor Authority Proceedings for violations. We work with restaurateurs, winery and bar owners in upstate New York to address their highly specialized needs. Our clients rely on our unique knowledge base and experience with liquor licenses to protect them from potential problems and keep them informed. Whether you are planning to acquire or start a new business, are worried about a potential legal problem, or are looking to sell your business, we are your best resource.
In the business world, time is money. Delays in licensing can mean a loss in profits. The State Liquor Authority is overburdened with applications and the review process can take up to six months. Including attorney certification with your application can reduce the review process to a fraction of the time. Some of our applications have been filed and approved in as little as three weeks. If time is important to your bottom line, our attorneys can help alleviate the stress of getting your application approved in a timely manner and your business ready to make money sooner.
Before investing in the name for your business, it is imperative that you make sure the name is available for use. Many business owners legally register a d/b/a, LLC or S-corp and later learn the name infringed a federal or state trademark. Change is costly and may ruin a business. Our comprehensive services include a name clearance search to ensure that the trade name and the money you invest in promoting and developing it is a good investment. We help you avoid cease and desist letters from other mark holders asserting intellectual property rights and to position your trade name and marks to have the best chance for protection and enforcement.
We can help balance the risks between investors, lenders and business owners in transactions where financing is private rather than through traditional bank loans. We ensure everyone is protected.
Operating a business in New York can be complicated when trying to figure out all of the required permits and licenses you need to stay in compliance. We can assess your needs and prepare and process all the applications necessary to ensure that you are operating legally.
STATE LIQUOR AUTHORITY PROCEEDINGS
TRADEMARK, COPYRIGHT, PATENT
Owning a business provides many opportunities for innovation and creativity, whether it is protecting your secret recipe, designing a logo, creating a new catch phrase, or thinking of a new tool that will make jobs in your industry easier and more productive. Our team of attorneys has years of experience protecting our clients’ intellectual property.