Lawyers For Liquor Manufacturing Licenses
Introduction to the Liquor Business
Making and selling hard liquor can be quite lucrative. Many people enjoy drinking alcohol. Alcohol is a stimulant that can help people concentrate better. It can also help people relax in social settings. Understanding the market for spirits is important. Those who know how to market to people who like to drink can earn a good living. In order to be able to make or sell alcohol, it is necessary to have a liquor license. A liquor license means that the person has official permission from the state to operate this business.
Understanding the Liquor License Process
Getting a liquor license often requires a great many steps. At every turn, the applicant must be prepared to answer questions, fill out many forms and speak to officials. This is true in many states including New York. The process can be arduous and complicated. Many applicants look for ways to get help with it. Legal help can help people navigate this complicated and confusing world successfully.
The Application Process
The process of getting any kind of liquor license can take time. Such licenses are strictly regulated. The authorities want to make sure any license they grant is one that will be used correctly. They want the person aiming for the license to understand that they have certain responsibilities as well as rights. A lawyer can take anyone through this process from start to finish.
Lawyers can demonstrate why certain documentation may be required. They can also help people make sure that any documentation they submit is done accurately and in accordance with all state laws. Gathering the required paperwork can take time. Each applicant needs to be aware that state officials will heavily scrutinize the materials they submit. This is one of many reasons why all documents need to be properly filled out. It’s also why every single piece of evidence needs to be filled out carefully. A single mistake can set the process back many weeks or even months. Mistakes can also result in the initial rejection of the license.
The lawyer can point out exactly how to fill out all necessary paperwork successfully as well as how to provide any additional documentation that may be required as the process continues.
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Sometimes, despite the person’s best efforts, something may go wrong. Items may be submitted to the wrong place. There may be typos that invalidate materials. The person may have the wrong date or send things to the wrong person. In that case, the state will not accept the materials and the person may need to start the entire process all over again. This is why it is best to make sure that all is done correctly from the very first.
A good lawyer can show people what sort of scrutiny they can expect before they submit the paperwork. In some instances, a person may not be allowed to apply for a license at all. This can be for varied reasons including a prior history of felonies. In other instances, the person may be allowed to apply but face certain restrictions. It’s useful to confer with the lawyer before doing anything else. They can pinpoint any roadblocks that may be in the applicant’s way before they begin. They can also help by pointing out what remedies there are to alleviate such issues.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
Timeline and Preparation
Anyone who wants to get this kind of license should be aware that the process of doing so can take months. Many people apply for a liquor license in any given time frame. The department entrusted with such licenses frequently has a backlog of applications. Processing for the license may take time. In the meantime, it’s a good idea to proceed with any business on hand. For example, those who own a restaurant may not yet have a liquor license. However, they should continue to serve food. Patrons will still be drawn to a place that has excellent meals and great service.
You've spent two years perfecting your small-batch bourbon recipe and are ready to open a craft distillery, but your application for a federal distilled spirits permit was denied by the Alcohol and Tobacco Tax and Trade Bureau (TTB) due to a misdemeanor conviction from eight years ago. Your business partners are threatening to pull their investment if you can't get the license approved within the next few months.
Can I still obtain a federal liquor manufacturing license with a prior misdemeanor on my record, and what steps should I take to challenge the TTB's denial?
A misdemeanor conviction does not automatically disqualify you from obtaining a federal distilled spirits permit under the Federal Alcohol Administration Act (27 U.S.C. § 204), but the TTB has broad discretion to evaluate your character and fitness as an applicant. We can file an appeal of the denial and present mitigating evidence, including the age of the offense, your rehabilitation, and your clean record since then, as outlined in TTB Industry Circular 2010-2 regarding permit application reviews. Additionally, we should review whether your state's Alcoholic Beverage Control board has separate licensing requirements that may also need to be addressed simultaneously. Many clients in similar situations have successfully obtained their permits after a well-prepared appeal, and timing this strategically can help reassure your investors that the project remains viable.
This is general information only. Contact us for advice specific to your situation.
People should also be prepared that certain fees may be involved during this procedure. It is important to have all necessary funds on hand before starting the application decision. Fully prepared is the best way to get through the process and get the liquor license.
