Defend Your Alcohol License From Administrative Charges
Violations of local, state or federal alcoholic beverage law can have serious consequences. Even if you unknowingly violated the law, such as by serving alcohol to a minor, your entire operation could be at stake.
This is where we come in. At Rubert Law, we leverage our backgrounds in the food and beverage industry and our experience working as legal advocates for industry members to provide our clients with unique service. When you face administrative action for a violation, we can advise on what to expect and how to deescalate the situation to protect your business and liquor license.
Do Not Underestimate Your Notification
After a violation of alcoholic beverage law, you may receive notification of a civil administrative action from either Florida’s Division of Alcoholic Beverages and Tobacco (DABT) or the United States Alcohol and Tobacco Tax and Trade Bureau (TTB). While either agency may opt to file criminal charges, many violations will often result in administrative action instead.
Service of this administrative action is typically made by certified mail. While it may be tempting to either ignore the letter or put off taking action, this can only worsen the situation. Once you receive the letter, you have 21 days to respond. Failing to respond can result in the automatic revocation of your liquor license.
The Importance Of Working With An Attorney
The sooner you contact an attorney, the better. Discussing the situation with an attorney as soon as you are aware of the violation or the possibility of a case can allow more time to explore the options available to you and minimize the risks of steep, devastating consequences.
In many situations, merely responding to the charges against you can reduce the penalties from the revocation of your liquor license to a $500 civil penalty. While our goal in working with restaurant or bar owners, retailers and other business owners is always to proactively avoid the possibility of administrative action or disputes, we will fight on your behalf when future issues arise. Don’t risk losing your liquor license or business. Take swift action to protect what you have worked hard to create.
We Can Make Things Better For You
Our dedicated focus on alcoholic beverage law can provide a unique advantage to our clients. When much is at stake, you need an attorney with the experience and knowledge to defend you. Contact us by calling us in Weston at 954-546-7951 , calling us in Miami at 305-809-7669 or sending us an email to schedule an initial consultation. We work with clients throughout the state of Florida, including in Orlando and Tampa as well.
Common Types Of DABT Violations In Florida
Florida bars, restaurants and liquor stores can face serious action from the Division of Alcoholic Beverages and Tobacco when their daily operations fall outside the rules governing their licenses. Common violations include:
- Underage alcohol sales
- Sales to visibly intoxicated patrons
- Operating outside approved hours
- Unlicensed alcohol sales
- Improper license use
- Poor recordkeeping
- Allowing illegal activity on the premises
Even one violation can affect revenue, reputation and renewal rights, so business owners should treat every DABT notice seriously. DABT has the authority to suspend or revoke alcoholic beverage licenses when sufficient cause exists under Florida beverage law.
These violations usually begin with inspections, customer complaints, undercover checks or law enforcement reports. For many businesses, the issue is not intentional misconduct but weak employee training, unclear policies or failure to track local city and county rules.
Frequently Asked Questions
These FAQs address common concerns for Florida alcohol license holders facing administrative action.
What are the most common DABT administrative violations for Miami bars and restaurants?
Miami bars and restaurants can face DABT issues tied to:
- Underage sales
- Over-service
- After-hours alcohol sales
- Noise-related enforcement
- License scope violations
- Failure to control activity on the premises
Businesses in high-traffic nightlife areas may also face added scrutiny because a single incident can involve police, code enforcement and DABT simultaneously.
Can a Florida liquor license be suspended before a formal administrative hearing takes place?
Yes, in serious cases, a license may be subject to emergency action before a full hearing if the agency believes public safety is at risk.
In other cases, DABT may file an administrative complaint and the license holder must respond within the required deadline to preserve hearing rights. Failure to respond can lead to severe penalties, including suspension or revocation.
How does the administrative complaint process work for liquor license holders in Tampa or Orlando?
The process usually starts with an investigation, inspection or complaint. If DABT believes a violation occurred, it may issue an administrative complaint describing the allegations.
The business can then respond, dispute the violation, negotiate a resolution or request a formal hearing. If the case goes to a hearing, evidence and testimony may be presented before a recommended and final order is issued.
Working with an attorney is important because a DABT case can affect a business’s license, its cash flow and future compliance history.