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A liquor license is one of the most critical parts for anyone who has restaurants, bar or any other company in the hospitality industry. A highly experienced liquor license violations lawyer is what you need to help you get a liquor license as fast and efficient as possible. However, if you are found to have violated the terms of your license, then you may require the legal representation of an attorney. A liquor license violation if not handled well can lead to severe sanctions such as liquor license being revoked, license suspension and business closure. Such violations, to some extent, may also result in criminal charges. The violations may be investigated by local law enforcement and the Colorado liquor Enforcement Division.
Legal issues associated with Liquor License Violations
Several violations can make your liquor license revoked. They include:
• Illegal license transfer
• Violations of the terms shown on the license
• Operating during illegal hours
• Advertising violations
• Inventory violations
• The Selling alcohol to already intoxicated persons
• Selling alcohol to anyone who is 21 years and below
• Poor record keeping and failure of providing annual reports
• Allowing anyone with a fake ID to buy alcohol from your business
• Allowing the employees who are underage to handle liquor
• Allowing anyone to carry out illegal gambling in a licensed premises
Notice of Pleading
If accused of violating any the above, the state Liquor authority in most cases will pledge disciplinary proceedings against you. If it gets to this point, then SLA will issue a Notice of Pleading which outlines what you have been charged in a court. You have three options:
1. Enter a plea of no contest: You admit you are guilty of the charges and accept the violation. By this, you can mitigate the circumstance that can minimize the possible penalty.
2. Enter a conditional plea: Allows you to request for a reduced penalty. In case your request is denied, then your plea is vacated.
3. Enter a plea of not guilty: In this request, your matter will be heard in a court where the prosecutor will be required to present evidence and call a witness if any. If you are found guilty, then the following are the possible penalties:
• Cancellation: A two-year ban on reapplying for a new license followed by termination of the present liquor license.
• Suspension: You can be prohibited from selling alcoholic drinks for a given period.
• Cancellation: Your license will get termination with no assurance that you can get another license in the two years.
• Bond claim: This is a claim against your surety bond.
• Civil penalty: This is a monetary fine
• Prescription: Prohibits anyone from issuing of licensing anyone who wants to start a liquor business at the premises for two years.
• Summary suspension: The state agency allows suspension of the license if the agency finds that public health safety is at risk requires an emergency action is needed.
An experienced Liquor License Violations Lawyer can also help in:
• Counseling you on issues related to liquor
• In filing paperwork and applications
• Filling of applications with the relevant organizations
• Representing an offender in hearings and litigation
Liquor License Violations Lawyers
Hiring an experienced violation lawyer can be essential to avoid a loss of license If your business has been cited to have committed a liquid license violation. The attorney can help you in drafting a defense on your behalf through doing an investigation on the abuses and putting together a valid argument in a court of law on your behalf. In case you license has either been revoked or suspended due to liquor license violation, you can contact Spodec law Group. These attorneys have the experience and skills to ensure that you have a fair trial.
Liquor Licensing and Permitting Lawyers
If you have an interest in opening a bar, nightclub, tavern or any other business that sells alcohol, it is possible for you to find yourself in a crossroad with laws and regulations. You need guidance from a liquor licensing and permitting lawyer who is conversant with the hospitality industry and knows a lot about the Alcohol Beverage Control Laws for you to obtain a license.
Types of liquor licenses
Liquor licenses in the USA are grouped into two. On-premises (OP) license allows for the on-premises consumption of alcoholic drinks as follows.
• HL- this is the alcoholic beverages license for hotels.
• RW- wines and beer license for the restaurant.
• OP- alcoholic beverages license for liquor. It also allows the sale of beer for off-premises consumption.
• Cl- alcoholic beverages license for clubs.
• EB- Eating place beer license.
The off-premises license allows for off-premises consumption of alcoholic beverages as follows:
• L- License that allows the sale of wine and liquor for a liquor store.
• A/DS- drug store or grocery store license allowing the sale of beer.
• AX/DX- drug store or grocery license permitting the sale of beer and wine coolers.
The legal requirements for a retail liquor license
The requirements for a retail liquor license applicant in New York State are:
• Age 21 or older
• US citizen or a permanent resident alien status
• No felony convictions.
• Not an officer with arresting powers.
Location may make your application denied. Your premises should not be within 200 feet of a synagogue, school, church or any place that is used for worship. Other reasons that may make your license denied include:
• Failure to disclose any criminal past.
• Failure to record residential past
• Not disclosing the source of funds.
• Missing or incomplete information
Which body that controls liquor?
The department of consumer protection liquor has been given the mandate of controlling the sale of liquor, enforcement of liquor laws and licensing of places selling liquor. It manages and regulates all the persons and firms that are involved in the distribution, dispersion, and sale of alcoholic liquor. It helps to prevent the sale of alcohol to minors and any intoxicated individual, guarantee product integrity and ensure that licensed business premises are safe.
The Liquor Division regulates the following businesses:
• Caterers who are serving liquor
• Private clubs that are serving liquor
• Package stores
• Grocery stores that have beer permits
• Restaurants that are allowed to hold liquor licenses
• Wholesalers, manufacturers, and wine distributors
It is essential for you to observe the laws of New York State Liquor Authority, once you have been issued a license. Failure to do so can lead to possible revocation and citations of your liquor license.
Why you should hire a liquor licensing and permitting lawyer
Getting an experienced legal advice on an issue related to alcohol licensing is of benefit to those clients whose business depends on liquor beer and wine sale. The requirements of licensing in each state are different. Legal requirements to issues related to licensing of beverages are available from attorneys and law firms.
At Spodek Law Group, we will thoroughly explain the legal processes of liquor licensing for your business, and we will also ensure that it goes smoothly. If you want to serve alcohol at your hotel or restaurant, package store or sell beer at a grocery store or get a day permit to sell alcoholic drinks at a charity event, you should call us; we can help. Our experienced liquor licensing and permitting lawyers will ensure that you understand the legal requirements that surround this industry, and they will also ensure that you are aware of the possible consequences should you violate any of them.
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