Free Consultations & We're Available 24/7

Spodek Law Group Treating you like family since 1976

Get Legal Help Today

Lawyers For Obtaining Retail Liquor License10 Oct 2017

In every state, retail liquor licenses are required in order to be able to manufacture and sell alcohol. The general licensing requirements as well as the enforcement of the laws surrounding alcoholic beverages are all handled by the state’s Division of Alcoholic Beverage Control, or ABC. This division classifies each liquor license into three different groups: wholesale, manufacturing and retail. A retail liquor license, or Class C licenses, are ones issued to businesses such as restaurants, bars and liquor stores for the sole purpose of legally selling alcoholic beverages.

A Class C license may also include hotels and motels, seasonal retail consumption licenses and plenary retail consumption licenses. Each type of license will come with its own set of limitations. Some of those include the ability to sell alcoholic beverages in open containers and the right to be able to sell alcoholic beverages in facilities where there are more than a thousand people. Additionally, a limited retail distribution license is also required to be able to legally sell alcoholic beverages in meat markets, grocery stores and delis. However, these types of licenses are no longer issued as new. Only existing ones may be transferred or renewed.

Buying A Retail Liquor License

The process to obtain a retail liquor license is a very complicated one especially because the state has very complex ABC laws. Although the division of ABC has the most authority over the laws concerning alcoholic beverages, each municipality has their own set of ABC Board rules in their areas. This division of authority has resulted in some municipalities allowing for the sale of alcohol on Mondays through Saturdays, where other municipalities choose to be “dry towns”. A dry town is one where the sale of alcohol is forbidden within its borders. The Division of ABC also has their own set of rules governing how they issue retail liquor licenses.

Another factor which complicates obtaining a retail liquor license is that each state has a quota on the number of licenses allowed to be given out in each municipality. What this means is that no new liquor licenses may be issued for a municipality once they’ve reached their limit unless the population grows.

Purchasing An Existing Retail Liquor License

Because of these restrictions placed on each municipality, a number of businesses will generally attempt to try and purchase an existing license. For business owners who are interested in purchasing an existing retail liquor license, they can find out about which ones are available for sale by getting into contact with their municipality’s ABC Board. Afterwards, a private meeting may be arranged between the two parties in order to try and negotiate a sale. After the negotiation, they would file a transfer application with the board.

Seek Advice From ABC Lawyer For Help

There are so many details to consider when applying for a retail liquor license. It is a very complex process that most businesses face. This is why it is not uncommon for many businesses to seek help from an experienced ABC lawyer. The lawyer could be especially helpful in certain cases in which the applicant would be required to undergo public hearings before their license can either be renewed or approved. Even when an applicant has satisfied all of the requirements, getting the smallest violation of any laws can make a municipality to either revoke or deny a liquor license. It is highly recommended that all businesses consult with attorneys to make sure they are in full compliance with all known ABC laws and their municipality where they are seeking a retail liquor license.

Other ABC Law Information Which May Help

The difficulties and complexities for being approved for a new retail liquor license had resulted in a lot of restaurants instituting a “bring your own alcohol” policy in which alcohol sales are allowed within their municipality. Customers are only allowed to bring wine or malt beverages, no mixed drinks or hard liquors. The restaurants may not charge their customers a fee for bringing their own alcoholic beverages, nor are they allowed to advertise that they are allowed to bring wine and beer to the restaurant.

If you need some assistance or help with applying for a retail liquor license, please consult with an experienced retail liquor license attorney today. An attorney will be able to guide you and your business to a successful resolution of purchasing a retail liquor license for your business.

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to your inquiry within 24-hours guaranteed.