Florida Alcoholic Beverage Transactions Guidance
Buying or selling a business or starting a new entity in the alcoholic beverage industry contains risk. Let us help you ensure you do not overpay for your alcohol beverage license or business, and that you get full fair market value when you sell it.
Rubert Law works exclusively on transactional matters for members of Florida’s liquor business community, including bars, breweries, distilleries, importers and restaurants. Our job is to get you from the beginning of your transaction, such as starting a new business or securing the right liquor license, to the finish line as easily and cost-effectively as possible. To do this, we use our extensive knowledge of the law and practical realities of this business area.
Purchases
Whether you’re buying a quota license for your new business or all the assets of an existing business, there’s more to be concerned about than just the purchase price. Consider the following questions:
- Who is going to be responsible for paying the transfer fee on the quota license?
- Do you have the right permits to continue operating the business?
- If there is a lease, is it assignable?
Let an attorney provide you the information that you need to know by simplifying long contracts into a language you understand. Our licensing staff will guide you through the administrative processes to ensure you obtain the licenses and permits you need to operate.
Sales
When it’s time to sell your alcohol beverage license or business, it is essential to get the right price, but how you get that price can be more important. Is the buyer asking you to finance the sale? If so, what recourse do you have if the buyer doesn’t pay? It is often impossible to recapture the magic of your business, even after as little as one month. We can help you structure your sale so that you get the right amount of money at closing, and that any seller financing is secured so that whether or not the buyer succeeds, you’re made whole.
Financing
We can assist in the financing of a quota alcohol beverage license, or allow you to free up capital from a quota you already own. We also offer investors new financial opportunities to diversify their portfolio.
Borrowers
Whether you are purchasing a license or business, or already own a quota license but need some capital, we can help you by financing up to 80% of the value of the license. We can design interest-only or amortized loans to fit your specific needs. With no credit checks and some of the lowest closing costs in Florida, we can arrange to finance for your license in as little as one week. Please contact us to discuss how we can help you accomplish your goals.
Lenders
Rubert Law offers loan funding opportunities for individual investors and provides all the necessary recording services to perfect the lender’s interest in the collateral.
Frequently Asked Questions: Alcoholic Beverage Transactions
Transactions between alcoholic beverage businesses typically come with many questions, especially when the purchase or sale of a business is involved. Rubert Law represents buyers, sellers, lenders and borrowers throughout the state of Florida. Our lawyer will advise you about what you need to know to protect yourself and your interests during the transaction and in the future. Read below for some answers to frequently asked questions we hear.
What Should I Know Before Signing A Purchase Or Sale Agreement?
One of the most important factors in the purchase or sale of a liquor-related business is ensuring that the proper entities are involved in the transaction. Florida law tightly regulates every aspect of the alcohol business. For example, an entity that is licensed to retail alcohol cannot also have permission to operate a wholesale business.
We help our clients make sure the parties to the transaction are appropriate so that business can continue within the law. Whichever side of the transaction you are on, our attorney will help you proceed knowledgeably and confidently. We can also assist you with the purchase or sale of a liquor license, if necessary.
The liquor industry is unique from other businesses. We have insight and practical legal knowledge for bars, restaurants, liquor stores, breweries and distilleries that other business law attorneys cannot provide. Our firm has guided hundreds of clients through business purchases and sales throughout Florida.
Which Legal Entity Should I Choose For My Alcoholic Beverage Business?
Once you have decided to start a new business, formation is the next legal step. There are several options, ranging from sole proprietorships to limited liability corporations (LLCs) and incorporation. The formation type you and your partners select affects your personal liability in case of litigation and can have important tax implications as well.
When you meet with our team, we will show you the differences between the possible formations so you can make an informed choice that fits your business plan. Once you have chosen, your lawyer will handle the necessary paperwork and filings.
What Should I Know About Choosing A Location For My Business?
Not every business can be located wherever there is available space. This especially applies to bars, liquor stores, breweries and related entities. A liquor license is of little use if you cannot use it where you intend to. That begins with finding the right commercial property. Our attorney can help you with the process of finding an economically and legally viable location for your business. Our services include a thorough zoning investigation to determine how much effort it will take to get permission to conduct business there so you can make informed choices. We also assist with contracts and agreements.
Which Leases Will My Business Need To Consider?
The commercial lease you sign can greatly impact your bottom line and freedom to do business. We understand the language of commercial lease agreements thoroughly, and can review or negotiate yours, so that you know exactly what it contains. This will likely include whether the property is zoned for your type of business. We can also help you with other contracts your business will enter into, such as:
- Equipment leases
- Independent contractor and/or employee agreements
- Importation and distribution agreements, for wine, liquor and beer importers
Because we focus exclusively on representing the alcoholic beverage business, we add value for entrepreneurs. We have the resources and knowledge to thoroughly review all contracts and agreements, and to advise you on what is in the best interests of yourself and your partners, as well as the long-term success of your company.
Why Work With An Alcoholic Beverage Attorney?
While there are many good liquor license brokers out there, getting your license may be all they can do. They may not be able to get you from point A to point B, which is having a viable business that is licensed to serve or sell alcohol that is also in a location where they can actually use that license as intended. That is the type of comprehensive service you can expect from Rubert Law: a law firm that focuses exclusively on the alcoholic beverage industry.
Make Sure Your Next Business Transaction Is Handled Properly
Discuss your business plans with an experienced lawyer at Rubert Law. Call our law firm in Miami at 305-809-7669 or in Weston at 954-546-7951 to schedule an appointment. We also serve clients throughout Florida including in Tampa and Orlando.