Legal Question in Business Law in New York
I live in an apartment complex in Suffolk County, NY. A resturant/bar has opened up adjacent to our building, about 50 yards away from our property. At first it was just a mild nuisance. Patrons would steal our parking spots, be loud and rowdy at night and the music acts they have were obnoxiously loud. Now though it�s getting out of hand. There are arguments and fights in the parking lot, female tenants who live in our complex have been verbally accosted and even worse, public urination without any regards to who is watching. There are children who live in this complex and this bar is becoming a hot spot for low lives. My question is, is it legal for a bar to operate this close to a residential area?
2 Answers from Attorneys
The license to operate the business was granted by local government authorities pursuant to existing local zoning rules and regulations. You may want to mobilize your resources by having other tenants and residents within the close proximity to the bar submit signatures and financial backing to petition city hall to either revoke the bar's license or seek a variance to disallow such businesses in the future. I strongly suggest you contact your local assemblyman, elected senator, US house representative and mayor upon securing enough signatures to give your cause a valid premise and platform to attack the problem.
As a Franchise Attorney I entirely agree with the other attorney answer. The license to operate was apparently granted, so it's currently legal. To change that, you need to follow the recommendations given in the above answer. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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