“Other businesses” at a licensed premises

The New York liquor license retail application asks about “other businesses” at the premises.  We are often asked exactly what constitutes “other business” and whether there are prohibited activities.  There is no precise answer, but the Liquor Authority advises it will apply common sense in looking at each individual situation.

Cigarette sales by vending machines are permissible and not considered “other business”, but they should be disclosed in the application.  They should be discussed in a supplemental statement and their location labeled on the interior diagram(s)

ATM Machines are not considered “other business”, but it should be disclosed in the application in a supplemental statement and their location labeled on the interior diagram(s)

Coin operated amusement may sometimes be considered “other business.” If there is a game room filed with arcade type games, this could be considered another business.  The Liquor Authority will look at the cohesiveness of the business activities. In any case, the number and location of games should be disclosed within the application.  A pizzeria like Chuck E. Cheese’s is primarily an eating establishment with arcade amusement for families eating there.  It is an integral part of the experience of dining at the establishment.  Similarly, a bar with darts and pool tables would be a cohesive business and something normally associated with a bar or tavern experience.  On the other hand, a grocery store with an arcade room or laundromat on the same premises (combinations I have seen in rural areas) would probably not be a part of the grocery store experience and would be considered a separate business.

A prohibited “other business” would be any business that would change the nature of the applied for business type. For example, a laundromat operated on the same premise as a restaurant would change the nature of a restaurant, in most cases making it non bonafide. The Liquor Authority would see the application as a laundromat trying to nominally use the restaurant business to qualify for a liquor license and deny the license on such basis.

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