Waive 30-day notice for East Market Hospitality liquor license

New York Alcoholic Beverage Control Law §99-b (and related provisions) governs the notice that municipalities receive regarding new or transferred liquor license applications, and typically provides a 30-day window during which a municipality may file a protest or resolution of objection with the State Liquor Authority. The Board's resolution waives that window, effectively forfeiting the opportunity for formal municipal objection. While municipalities routinely pass such waivers, consider whether Village counsel has confirmed that this waiver is within the Board's unilateral authority, that the correct statutory section of the ABC Law is identified in the record, and that no local code provisions (e.g., a Red Hook Village Code licensing or land-use section) impose additional or independent notice requirements that the Board cannot unilaterally waive by simple resolution.

The resolution identifies the applicant as 'East Market Hospitality LLC d/b/a Charlie O's d/b/a Behind the Curtain,' suggesting potentially two distinct operating concepts at 23 East Market Street under a single license application. Village zoning or land-use regulations may treat these as separate uses warranting separate review, particularly if they involve different hours, occupancy loads, or use classes. Consider whether Village code or the Planning/Zoning Board has assessed whether both concepts are conforming uses at this address, and whether the State Liquor Authority's application itself accurately reflects both trade names.

Best practice for liquor license waiver resolutions is to cite the specific ABC Law provision conferring the 30-day notice right (commonly ABC Law §99-b), the SLA application or serial number, and the license type (e.g., on-premises liquor license, beer-and-wine, etc.). Without these specifics, the resolution is less precise as a municipal record and could create ambiguity if the applicant or the SLA requests written confirmation of the waiver. Village counsel may wish to confirm whether the SLA's standard form acceptance requires any specific recitals.

While liquor license waivers are generally routine, the 30-day notice period exists precisely to allow the municipality to evaluate potential community impact before the SLA acts. A brief note in the minutes documenting that trustees reviewed the application, considered any relevant zoning compliance or community concerns, and determined no objection was warranted would strengthen the procedural record and demonstrate the Board exercised its oversight role rather than treating the waiver as a purely ministerial act.