For example, on the transaction side, hotel operators and restaurateurs often untnowingly violate the state`s licensing rules by not obtaining the appropriate intermediate licenses for the operation after conclusion (i.e.: Before the seller`s liquor license is officially transferred or a new license is issued to the buyer). For example, it has become common in Florida for hotel buyers and sellers to enter into an interim service management agreement in which the seller agrees to allow the buyer to use the seller`s liquor license in the operation of the hotel after the conclusion, until the buyer can transfer the license or obtain its own license. However, Florida`s Beverage Act expressly prohibits stores that operate in a licensed building from being operated or controlled by persons other than the licensee or its authorized employees.  The use of such an agreement exposes both buyer and seller to the risk of enforcement action and may leave the lawyers who drafted the agreement to defend a right of misconduct. In the event of a problem related to the sale of alcoholic beverages during the period during which the buyer operates under the seller`s license after conclusion, not only are buyers and sellers not the only ones to address the license violations, but their liability insurers may both have a basis for rejecting related rights. The contract to buy and sell a business can avoid costly litigation. It can also eliminate misunderstandings and conflicts between buyer and seller. The contract for the sale of a company must be drawn up by a competent person with knowledge and experience in the field of business broking. A specialist in the licensing of spirits must be consulted before signing the sales contract.
The advisor can ensure that the license is valid and can be transferred to the buyer. We are Liquor License Consultants and Business Broker and can help buyers and sellers transfer a spirits license. We offer free advice on this. Invest in the use of specialists in your business. Remember that the most dangerous person is someone who doesn`t know they don`t know. You can call us for free advice on purchasing your licensed business. A licence for alcoholic beverages is at the heart of any activity involving the sale of alcoholic beverages. It is applicable to any other licence to operate such an undertaking and requires the prior authorisation of all other applicable public and local authorities before it is issued, and an undertaking may not buy or sell alcohol without such a licence.
The appointment of a consultant who specializes in alcoholic beverages can help avoid unnecessary liability and costly and time-consuming mistakes. This article was originally published in Law360 on March 1, 2017. Not only is it important to use an alcoholic beverage consultant in the transaction and authorization phases, but an alcoholic beverage consultant can also be an invaluable resource during the transition period following the conclusion of a transaction as well as with respect to day-to-day operations. For example, a specialist lawyer can be invaluable in compliance and advise on issues like this: if I run out of vodka, can I send someone to buy more in the spirits sector on the street? Can I store excess inventory outside the company site? Can I build an open-air bar by the pool? Does a change of management company affect the spirits licence? If a spirits licensing expert had been consulted, such an agreement could have been easily avoided. . . .