An “Off-sale” liquor license allows a business to sell products meant to be consumed off-premises. This is a highly sought after license which the state of Arizona only grants a limited number of. The way in which most will be able to obtain an off-sale license in our state is by purchasing it from an existing license holder. One who makes such an acquisition must still be approved by the Department of Liquor Licenses & Control (DLLC). The process of obtaining an off-sale license can quickly become complicated. Having an experienced attorney to assist you can be crucial. Bretton Barber is a Phoenix liquor lawyer who is able to help with such situations. Contact our office online or by telephone today to schedule an initial consultation.
Arizona liquor attorney helping off-premises vendors to obtain a Series 9 license
A Series 9 license from the DLLC allows one to sell alcohol off-premises. This type of license is required by liquor stores and other retail environments where a customer will purchase a sealed container and take it elsewhere. A license holder may also apply for “sampling privileges,” which can allow them to offer samples of a product on property. Additionally, a Series 9 license may allow a vendor to offer mixed cocktails or growlers “to go.” It must be understood, however, that Series 9 is a “quota license.” This means that the state only issues a limited number; it is possible, however, to purchase a license from an existing holder.
When one wishes to purchase an existing Series 9 then they must still be approved by the DLLC to hold the license. Requirements which must be met include undergoing a background check, having a facility that is at least three hundred feet from a school, submitting a diagram of one’s store, strictly following state liquor laws, and more. If an individual does not meet these requirements then they will not be able to obtain the license. This is in addition to the fact that, again, the license typically must be purchased from an existing holder. Negotiating and executing a purchase agreement is, therefore, another vital step.
Acquiring an off-premises liquor license is typically handled as a two-track process. The acquiring party will typically reach an understanding with a seller as to the terms of the acquisition. This agreement will often contain a provision stating that the sale is contingent on there being no issues with the DLLC. Once the DLLC approves the acquiring party for the ownership of the license, then the transaction can be completed. While this process is unfolding, the acquiring party can expect to have to place money in escrow. Moreover, one may have to pay a “walk away” fee to the potential seller if the transaction is not completed. It is strongly suggested that one retain an attorney for negotiating and drafting a proper purchase agreement and dealing with the DLLC.
Bretton Barber is an Arizona liquor attorney who assists with obtaining and maintaining a Series 9 license. Bretton will use your initial consultation to gain an understanding of your goals and where you are in the process. He will then put a plan in place to ensure that everything is in order when your application is submitted to the DLLC. Bretton will also assist with all negotiations related to the purchase of the license and will ensure that a proper agreement is drafted. Our firm will make sure that you know what to expect from the process as matters move forward and we will give your matter the attention it deserves. Contact us online or by telephone to schedule an initial consultation.
Phoenix lawyer helping Arizona sellers to protect their liquor license from revocation or suspension
Off-premises sales are closely monitored by regulators. Failing to follow all requirements, or violating a law, can result in a license being revoked or otherwise suspended. This can essentially put a retailer out of business. Our attorney understands the serious nature of such situations and assists with defending a license holder who is facing these types of consequences. Bretton will work diligently to keep your license in good standing with the Commission and will leave no stone unturned in doing so. We believe that everyone is entitled to aggressive representation in such situations and we look forward to assisting you.
In addition to Phoenix we represent businesses in other Maricopa County cities such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert. We also assist Pima County restaurants in Tucson and throughout much of the state.
