Bernstein Redo & Savitsky P.C. is the premier New York boutique law firm serving the hospitality industry. Our clients are the most recognized leaders and innovators in hospitality. Our lawyers have over fifty years of collective experience with restaurant and hotel licensing, permitting, and transactional matters.
Bernstein Redo & Savitsky P.C. is the law firm you want for your liquor license matters. As recognized leaders in this field, we help hotels, restaurants, bars and lounges, private members' clubs, catering facilities, nightclubs, performance centers, and other venues with their licensing requirements.
Bernstein Redo & Savitsky P.C. is intimately familiar with the laws, rules, and procedures for obtaining a liquor license as well as the guidelines and policies adopted by the local community boards. We are hands-on throughout the process.
Hotels, Restaurants & Bars:
For over fifty years our attorneys have represented hotels, restaurants, bars, private members' clubs, concert and motion picture venues, liquor stores, vessels, nightclubs, and other venues. We help them with a range of matters, including:
Applying for and obtaining a liquor license, including appearing before the local community boards and the New York State Liquor Authority
Representing licensed businesses in proceedings to cancel, revoke or suspend a liquor license
Drafting and negotiating retail leases
The purchase and sale of a retail business
Management and consulting agreements
Sidewalk café permits
Purchase & Sale of a Business:
Bernstein Redo & Savitsky P.C. attorneys have helped hundreds of clients selling or purchasing a restaurant, bar as well as other small retail business. We assist in critical due diligence that is required and in the drafting and negotiation of the contract of sale. Here are some of the many issues and questions we can help you with:
What form should the transaction take, asset purchase or stock/LLC member interest purchase and sale? What are the benefits and risks of each
What assets should be sold and what should be excluded
How is the deferred portion of the purchase price secured
Is the purchaser responsible for any of the seller’s debts or obligations
How is the purchaser protected against any of the seller’s unpaid sales taxes
What consents and conditions are required for closing
Can a liquor license be transferred? What about a sidewalk café permit
Can the purchaser take or purchase the seller’s liquor inventory
Can the purchaser use the seller’s liquor license while its application is pending
Can the purchaser obtain a temporary permit to sell liquor
Should the purchaser close on the transaction before its liquor license application is approved
What happens to the seller’s principal’s good guy guarantee after the closing of the sale
How does a seller protect against a fraud claim by the buyer after the closing
What do you do if the seller needs the closing funds in order to pay off tax or other liens
Your retail lease is one of the most important and valuable assets of your business. Its terms –and not only the rent to be paid – can have a dramatic effect on the profitability of your business. Lease provisions must be carefully drafted and reviewed in order to protect this valuable asset. Here are some critical, and sometimes overlooked, issues and questions Bernstein Redo & Savitsky P.C. can help you with:
Is the lease use clause broad enough to encompass possible changes to a business?
What rent concession period do you need to allow for the time required for license approvals and a build-out
Should the lease have a liquor license contingency clause, and what should it say
Does the rent concession clause have a clawback in the event of a default? If so, how does that impact a good guy guaranty
What if the landlord defaults on his mortgage; how do you make sure that the tenant is protected
What should the assignment provision say; what should be the standard and conditions of approval?
What should you be careful about in the default provision, what are the pitfalls
How do you make sure you protect your lease in the event of a default