About me : I own a small restaurant. I have been in business for over five years.
The problem : I went to a community board meeting to try and gain support for my license. I was told that at a prior meeting, when I applied for an outdoor seating permit, that I had agreed to forgo a beer and wine license to gain my outdoor seating permit.
They claim that they have witnesses and that my "agreement" was recorded in their minutes. Normally, when the community board offers some kind of "deal," they present a stipulation agreement that needs to be signed first. I have signed nothing and I have agreed to nothing.
I am not trying to back out of an agreement. I feel that I am being unjustly targeted and discriminated against.
You should speak to one or more attorneys and consult. Different attorneys may have different strategies for addressing this issue. Many attorneys will offer free consultations.
Criminal Defense Attorney
You want a lawyer who deals with getting a liquor license.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
I agree with my colleagues. You must retain an attorney right away.
Leonard R. Boyer, Esq. 201-.675-.5577. If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Personal Injury Lawyer
Your question may be more appropriately received in a zoning/land use category rather than in the contracts category. It is routine for planning boards and zoning boards to ask an applicant to agree to certain conditions of approval. Many times there is no legal requirements to accept these conditions except to show a willingness to cooperate with the reviewing board. I am not sure what the authority of this community board is, but I am sure there is a local land use attorney near you that can advise you properly.
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