Frequently Asked Questions On Alcoholic Beverage Law

Navigating alcoholic beverage law at the state or federal levels on your own can be daunting and confusing. At Rubert Law, we understand the complications you face and strive to ease the process ahead. Read on for some of the common questions we receive on alcoholic beverage law:

How can I obtain a liquor license in Florida?

The Division of Alcoholic Beverages and Tobacco (DABT) oversees licensing in Florida, while the United States Alcohol and Tobacco Tax and Trade Bureau (TTB) oversees licensing at the federal level. The first step to obtaining a liquor license is determining which type of license best suits your operation. After making this decision, you must apply for the license.

Everything from wait times to the cost of the license will depend on your specific situation. We can advise on what to expect, which type of license is most suitable for your business and what other requirements are necessary to get your business up and running.

I want to open a bar. What should I look for when choosing a location?

Choosing the right location for a new bar is critical and there are regulations you must follow. In Florida, a new bar must be a certain number of feet away from schools, churches, other bars and other alcoholic beverage establishments. You also must comply with zoning regulations. Your lawyer can advise you on general parts of town to look for real estate to purchase or lease. Once you find a promising property, your attorney will investigate to see that it complies with all laws and regulations.

Should I have my location secured before applying for a liquor license?

Yes, securing your location is crucial before applying for a liquor license in Florida. The application process demands comprehensive documentation, including lease agreements, zoning approvals and floor plans. Without a secured location, you may face delays or complications in meeting zoning and regulatory requirements.

Additionally, the specific characteristics of your location may determine the type of license you need, making it even more essential to secure the premises.

What do I need to do to import alcoholic beverage products?

For your business to import alcoholic beverage products, including wine, beer or spirits, you must first apply for a Federal Basic Importer’s Permit from the TTB. To obtain this permit, you must have an operating and staffed office located in the U.S. If you are unable to operate within the U.S., you can also partner with an existing licensed importer, which eliminates the requirement of obtaining a permit. Establishing a commercial agreement with a licensed importer can be a complex process. An attorney can advise on whether the terms of the contract suit your best interests, as well as on the process to obtain a federal permit if necessary.

Can a nonprofit organization obtain a liquor license in Florida?

Yes, nonprofit organizations can obtain a liquor license for the sale of alcohol in Florida. Specifically, nonprofit civic organizations can apply for a Special Temporary Permit (ODP) to sell alcoholic beverages for consumption on the premises during special events for up to three days per event.

However, these organizations are limited to 12 such permits per calendar year. In some cases, specific counties may have exceptions that allow more frequent permits for nonprofit events.

What is the difference between a quota and nonquota liquor license in Florida?

A quota license is a full liquor license that is limited in number and tied to the county population. Florida issues one new quota license for every 7,500 residents in a county, and these licenses may be sold or transferred on the open market, which often makes them expensive.

Nonquota licenses, by contrast, are available to qualifying businesses without population limits, but they come with operational restrictions. For example, certain restaurant licenses require a minimum percentage of food sales or specific seating capacities. Determining which license fits your business can help you plan for costs, eligibility and long-term compliance.

Can I buy an existing liquor license from another business in Florida?

Florida allows the purchase and transfer of existing quota licenses, and many businesses choose this route because it helps prevent the uncertainty of the annual lottery. Buyers typically negotiate directly with the current license holder, then complete the required transfer process with the Division of Alcoholic Beverages and Tobacco.

The state must approve these transfers. Buyers should expect due diligence steps such as verifying license status, confirming there are no outstanding administrative issues and ensuring the license type matches the intended business model. Buying an existing license can be a practical move when timing, location or other issues make waiting for lottery results impractical.

What happens if my business gets cited by the Division of Alcoholic Beverages and Tobacco for a violation?

A citation from the Division of Alcoholic Beverages and Tobacco can trigger administrative fines, suspension or even revocation of your license depending on the severity of the violation. Common issues include selling to minors, improper recordkeeping or failing to comply with operational requirements tied to the license type.

After receiving a notice, you will have an opportunity to respond to the allegations, request a hearing about the situation or negotiate a resolution. Taking prompt action is important because unresolved violations can escalate and may affect the ability to renew or transfer your license in the future. Skilled legal guidance after a citation can help you plan smart next steps.

What steps should I take if my bar, brewery or restaurant is going out of business?

There are several steps you should take if you are closing a business that sells alcohol:

• Consider selling the liquor license: Your liquor license may have significant value. Consider selling it to another business owner planning to sell alcohol in a similar establishment. This can be an extremely effective way to recover some of your investment.
• Notify employees and customers: Inform your employees about the closure with sufficient notice to allow them to make alternative arrangements. Additionally, communicate the closure to your customers and patrons, expressing gratitude for their support over the years.
• Settle financial obligations: Pay off all outstanding debts, including rent, utilities, supplier invoices and employee wages. Addressing these obligations will help you avoid potential legal issues down the road, such as an employee wage and hour claim over unpaid wages.
• Dispose of your remaining alcoholic beverages: Follow local regulations for the disposal of alcoholic beverages. Some options include returning unopened bottles to distributors or donating them to licensed establishments or charitable organizations if permitted.
• Cancel permits and licenses: Cancel all permits and licenses associated with your business and notify the relevant authorities to avoid accruing unnecessary fees. Examples of what to cancel include your liquor license, health permits and business licenses.
• Secure the premises: Make certain to ensure that the premises are secured, free of hazards and clean. Remove any business signage, and return the keys to the landlord or property owner. Remember to remove all documents and personal belongings from the premises.

Consider seeking guidance from legal and financial professionals to ensure compliance with all legal requirements. They can help you navigate the complexities of closing your business properly while protecting your interests.

What can an alcoholic beverage law attorney assist with?

At Rubert Law, we can provide invaluable assistance with various aspects of your business. Here are some examples of how our lawyer can serve your needs:

• Guidance with the licensing process: Our team can help you understand the requirements for obtaining a liquor license, facilitate proper documentation and guide you through the license application process.
• Compliance with regulations: We can help your business comply with federal, state and local alcohol laws, zoning laws, health regulations and any other applicable regulations.
• Handling legal issues: In case of legal disputes, such as license violations, fines or disagreements with distributors, we can represent you and work toward a favorable resolution that safeguards your operations.
• Selling or transferring licenses: If you decide to sell or transfer your liquor license, our attorney can handle the legal aspects, facilitating a transaction that is compliant with all regulations.
• Closing a business: When closing your business, we can provide guidance on legal steps such as canceling permits and licenses, settling financial obligations and prioritizing your interests throughout the entire process.

With our experience and support, you can handle any legal matter that crosses your business desk with confidence.

Where Do You Start?

Navigating the laws, regulations and restrictions applicable to your situation can be challenging. For answers to questions regarding your business, contact us today. We work with clients throughout the state of Florida, including in Weston, Miami, Orlando and Tampa. Schedule an initial consultation with us by calling us in Weston at 954-546-7951 , calling us in Miami at 305-809-7669 or by sending us an email.