2025 Legal & Cultural Trends in Hospitality: What Buffalo Bars and Restaurants Need to Know

By Rachel L. Wright, Esq. | Business, Hospitality & Licensing Law | Based in Buffalo, NY

As a hospitality attorney working with bars, restaurants, and nightlife venues across Buffalo and Western New York, I’ve seen firsthand how legal compliance has become more complex—and more critical—than ever before in 2025. From state-wide employment regulations to local enforcement trends and cultural shifts, Buffalo’s hospitality scene is transforming. Here’s a practical breakdown of what operators in Buffalo should watch out for.

Service Charges, Tips, and Wage Transparency: Local Pressure, Statewide Law

With Buffalo’s vibrant independent restaurant scene, issues around wage equity are front and center. Many venues have experimented with tip-sharing models or service charges, especially to accommodate rising costs.

Under New York Labor Law § 196-d, employers cannot retain any portion of tips or unlawfully distribute them. Service charges that are not clearly disclosed as not gratuities can mislead consumers and expose venues to lawsuits. The precedent set in Barenboim v. Starbucks Corp., 21 N.Y.3d 460 (2013) confirms the narrow scope of who can legally share in pooled tips.

 Erie County’s Department of Labor has received a surge in anonymous complaints about improper tip pools. Local labor attorneys are also filing class actions, especially where service charges were automatically added but not properly allocated.

If service charges are intended to cover operational costs, ensure that they are appropriately labeled. This might include menu disclosures such as: “This service charge is not a tip and is not shared with service staff.”

Liquor Licensing in Buffalo: Increased Scrutiny by the SLA

Buffalo has seen a boom in new restaurant and bar openings, but this growth has caught the attention of the New York State Liquor Authority (SLA), which has increased enforcement for unlicensed live entertainment, after-hours service, and hidden ownership.

The SLA’s 2023 Advisory #2023-13 reminds operators that all beneficial owners—even silent partners—must be disclosed. Non-disclosure can lead to license revocation.

 The SLA has flagged several Buffalo venues for unauthorized DJs, patio expansions without permit updates, and undisclosed investors. These issues are no longer just a “downstate” problem.  Update your license anytime you modify your space or ownership. Even a seasonal beer garden expansion requires proper SLA notification.

Cannabis and Alcohol: Still Legally Separate—Despite Market Overlap

While New York has legalized recreational cannabis, it remains unlawful to sell or consume cannabis on premises that serve alcohol, under N.Y. Alco. Bev. Cont. Law § 106 and SLA guidance. Co-marketing cannabis and alcohol brands, especially in Buffalo’s growing nightlife and event spaces, must be handled carefully.

 Don’t assume your private event space can allow both. The SLA can revoke a license for “permitting disorderly conduct” if cannabis consumption is deemed incompatible with alcohol service.

ADA & Accessibility: Increasing Legal Risk for Buffalo Restaurants

Accessibility lawsuits are on the rise across New York State, including in Buffalo. The Americans with Disabilities Act (ADA) and the New York State Human Rights Law (Executive Law Article 15) both require restaurants and bars to provide equal access, both physically and digitally.

In Laufer v. Naranda Hotels, LLC, 60 F.4th 101 (2d Cir. 2023), the court allowed a serial ADA tester to sue for lack of online accessibility, confirming that “tester” lawsuits are valid under federal law.

Several recent complaints have been filed in the Western District targeting restaurant websites that do not include screen-reader compatibility or reservation tools accessible to blind users. Have your website and in-house technology audited for accessibility.

Bias in Hiring: Automated Tools Under Local Law

Buffalo businesses using automated scheduling or hiring software (including third-party apps) may not realize they’re subject to regulation under New York City’s Local Law 144, which, while not binding upstate, sets a trend.

Moreover, under New York Human Rights Law § 296, using tools that disproportionately filter candidates based on age, gender, or disability—even unintentionally—can lead to liability.  If you use platforms like Indeed with auto-screening, ask the vendor whether they comply with anti-bias auditing standards. Keep detailed records of hiring criteria and decisions.

Compliance is Now a Competitive Advantage

Buffalo’s hospitality scene is regrouping, but the legal challenges are real. From ADA lawsuits to SLA audits and wage theft claims, the safest path forward is proactive legal compliance and cultural leadership.

For local operators: now is the time to review your liquor license, employment policies, and marketing strategies with an experienced hospitality attorney. Avoiding violations isn’t just about paperwork—it’s about protecting your brand, your business, and your people.

Have questions about your venue’s legal obligations in Buffalo? Contact me! RWright@Tiveronlaw.com