Tuesday, February 25, 2014

Why You Need a Lawyer to Help Secure Your Alcohol License

Before you open your business, you must look at some very important options. If you’re seeking an alcoholic beverage license (commonly called a liquor license), you’ll probably need help with the process. Whether your business is a conventional bar, a club, hotel, or a convenience store, having an attorney’s help can alleviate some of the stress involved.

 

Obtaining a liquor license can be a long process if you go it alone. On average, it takes anywhere from 60-90 days before the license is issued (sometimes longer depending on the circumstances). Moreover, you’ll find that some counties have a “dry” policy, and you need to be sure that your business can indeed sell alcohol on your premises (or off, if that applies). It’s important to know what laws are on the books in your area. In Maryland, each county has different rules and regulations.

 

Clearly, an attorney well versed in the alcoholic laws of your area can walk you through the intricacies of these laws. Here’s what you should know before applying for a liquor license.

 

Location Matters

 

In Maryland, many counties prohibit establishments within a certain distance of such structures as schools, churches, or synagogues. In addition, some county Boards limit the number of liquor stores in a certain geographic area. Knowing exactly when and where you can sell alcohol is just as important as getting through the paperwork.

 

 

Types of Licensing

 

Typically, you will find two kinds of licenses, on-premises (ON) and off-premises (OFF). An on-premises license is common at restaurants, hotels and clubs. Customers can consume alcohol at these establishments. An off-premises license is meant to be purchased and consumed elsewhere. Examples would include your local package goods store. Many jurisdictions in Maryland severely limit package goods stores, and thus far, in Maryland chain stores are prohibited from selling alcohol. This is one of the first things you need to decide as you put your plan together. The type of license determines the type of paperwork and laws you’ll be held accountable for. Consult your attorney for more details.

 

Your Background Matters

 

For some, obtaining an alcoholic beverage license is a smooth process, but if you’ve had any legal problems, you might have trouble securing a license. Any prior felony convictions can jeopardize your bid for a liquor license. In Maryland alcoholic beverage licensing cases, your full criminal and driving record will be reviewed when you apply for a liquor license. If there’s something on your record that needs closer scrutiny, a lawyer can help you determine if it’s worth pursuing. Additionally, your source of funds must be completely disclosed, and missing information can delay the process. The most important thing to know is that you cannot keep any information from the licensing agency. If you do, and the information is discovered, then you can be denied a license for falsifying your application. Your attorney can ensure that you have the best shot at getting your license.

 

Getting Through the Paperwork

 

There’s plenty of paperwork to sift through when applying for a liquor license. The advantage of hiring an alcoholic beverage attorney is that they can walk you through the process. If you need transfers of licenses or paperwork preparation a lawyer can put together what you need. Additionally, you may require representation at some license hearings. You will need to stand before a liquor board for final approval, and having a lawyer represent you is extremely helpful. Further, if you are purchasing an existing business, you will likely require legal assistance to ensure that the paperwork and documents are in order.

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