If a business is accused of violating laws related to liquor licensing, the allegation is highly likely to have a negative impact on the business’ market operations. The state can impose both fines and sanctions on the business. Each state has clearly defined statutes and regulations outlining specific laws in respect to liquor license violations. It is imperative to seek the services of a licensing attorney if you are accused of violating the liquor authority license. The attorney will help you in understanding your respective rights, obligations and the options available to you regarding the matter.
The liquor licensing violations apply to both the business and its personnel. Some of the businesses subjected to the liquor license violations include:
• Liquor wholesalers;
• Night clubs;
• Grocery stores;
• Restaurants; and
• Any other business entity that sells liquor.
In the state of New York, a liquor license violation is committed if:
• An individual or business sells and serves a minor with alcohol. A minor is basically a person of 16 years and below.
• A business, organization or person fails to obtain a liquor license before manufacturing, distributing or retailing liquor.
Imposition of Sanctions
The state of New York utilizes a graduated system in the imposition of sanctions to persons or businesses found guilty of violating a state liquor authority license. According to Nima Haddadi, a fellow dui attorney in los angeles, first time offenders face relatively lower sanctions as compared to second time or multiple offenders. Some of the sanctions that can be imposed are as follows:
• Suspension of the business’ liquor license.
• Revocation of the business’ liquor license.
• Closure of all the business’ market operations.
• Non-renewal of the suspended license.
• Refusal to grant the business with an out-of-state liquor license.
• Proscription for a period of at least two years.
Imposition of Fines
The fines imposed to a business proved to have violated liquor license laws can be can substantial. The fines are calculated using a graduating scale and hence, more violations attract higher fines whilst lesser violations attract lower fines. A bond claim can also be made against one’s surety.
A business found to have violated a state liquor authority license should endeavor to contact a lawyer with expertise in liquor laws. This is especially due to the complexity of such matters. The lawyer will assist the business in formulating a defense strategy that will either limit or completely do away with the sanctions and fines imposed on the business. Attempting to devise your own defense without the help of an attorney may not bear fruitful results. You definitely stand to benefit immensely from legal representation as the tenacious and skilled attorneys will defend your cause successfully.
The years of experience that the lawyers have in working in similar matters enables them to advance proper defenses suitable to your case. The lawyers also have vast knowledge in liquor codes and hence, in a better position to advise you on your chances of success. During consultations with the lawyer, he or she will conduct a case analysis to determine the merits and demerits of the case. Having done so, they will discuss the legal options/defenses available to you.
A careful analysis of the case can give the violating business or individual an upper hand in having an out of court settlement with the state liquor authority. In such a case, legal proceedings in court may never be commenced. If the case had already been filed in court, the parties that took part in the out of court settlement can file consent in court and the same can be adopted as a judgment of the court. The liquor lawyers often advise that alternative dispute resolution is the strategy for both parties involved as it takes lesser time and resources in comparison to litigation. The reputation of the individual or company is also kept as the case is not in the public limelight.
In conclusion, a person or entity operating a liquor business should always consult a liquor license attorney to be aware of their duties and obligations. The lawyers advise one on the sanctions and fines imposed if state liquor authority license violations are committed. They also determine the probable defenses available to you after a careful analysis of the case.
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