This article continues my discussion on gaining and maintaining a Series 9 liquor license in the state of Arizona for “Off Sale” use. My last article discussed keeping a Series 9 license in good standing. One of the best methods for keeping a license in good standing is to retain an experienced attorney to assist you with ongoing compliance and regulatory needs. While a proprietor is, understandably, most concerned about running their business, counsel will be concerned with the law. This article will be used to provide a general discussion of the process involved in defending against an alleged violation. If you are in need of assistance, then contact my office today to speak with a Phoenix lawyer.
The topic of defending against violations can be quite broad. This is due to the fact that violations or infractions vary in terms of scope and magnitude. How to best proceed in any matter will always depend on the specifics of the given situation. With that said, it is suggested that one immediately contact an attorney if they are having any issues with state liquor laws or a DLLC enforcement officer. Having counsel to assist you can help to lead to the most favorable resolution and can also help to prevent smaller problems from quickly escalating into larger issues.
Most license violations are discovered as a result of a) someone reporting the license holder to the DLLC, b) a violation being discovered during a DLLC audit or inspection, or c) a violation being discovered due to some type of issue involving law enforcement. The scope and nature of the violation will determine the route which the DLLC takes. Quite often, smaller violations can be resolved relatively quickly. There are also many situations in which the DLLC, through a compliance officer, works to reach a resolution with the license holder without the matter having to go to a formal hearing. Such a resolution may often involve the license holder putting specific policies in place, making certain changes, etc. In more serious matters, a hearing or quasi-appeal may be held before the Arizona State Liquor Board. Depending on the nature of the case, the matter may be appealed further through the judicial system. If the matter is taken before the Liquor Board or even higher into the legal system, then it will be vital to present evidence as to why the proposed punishment is too severe or that the violation, in fact, did not occur.
Most violations are resolved without either having to involve the Liquor Board or the Court system. It is generally best to reach a resolution which allows one to continue operating, even if restrictions or requirements are put in place. This is due to the fact that challenging the DLLC can be an uphill battle, but certainly not impossible. When dealing with an infraction or Notice of Violation, the license holder’s attorney will give an honest assessment as to whether it is best to accept a resolution with the DLLC or to take the matter further into the judicial system. While one is not required to have an attorney while dealing with a DLLC enforcement officer, it is important to understand that it is not their role to look out for one’s best interest. That role belongs to an attorney, which is why retaining counsel is crucial.
If you have received a Notice of a Violation in regard to your Series 9 liquor license, then contact my office today to speak with a Phoenix lawyer. I understand the ramifications that the situation can have on one’s business, and my firm will give your case the attention it deserves. I pride myself on providing a high level of service, and I look forward to speaking with you.
My office also serves Maricopa County areas like Mesa, Glendale, Scottsdale, Chandler, and Gilbert, as well as Pima County residents in Tucson.
