In each state, the handling and sale of alcoholic beverages is overseen by their Beverage Control agencies. These agencies are responsible for imposing penalties for violations and upholding the state liquor laws. They are also responsible for suspending or revoking a business’ liquor license if they get too many violations. Each state considers liquor licenses to be a privilege for a business, not a right. This means that breaking any of the Alcoholic Beverage Control laws could mean a forfeiture of your liquor license.
There are three main privileged classes with regards to liquor licenses. They are wholesale, manufacturing and retail classes. The manufacturer’s licenses are grouped into Class A. This group includes licenses for businesses such as Farm Winery, Plenary Brewery, Craft Distillery and Instructional Winemaking Facilities. The licenses for Class A groups allow businesses to brew their alcoholic beverages in a legally designated facility for such purposes. They are able to sell those beverages in and out of the state. However, there are certain licenses which are needed for specific actions such as operating specific numbers of off-premises sales rooms and offering samples of alcoholic beverages to visitors. Additionally, each license has their own specific fees and comes with a limited number of privileges.
Private Consumption Vs. Mass Distribution
It is important to know the difference between home brewing of alcohol for private consumption and the manufacturing of alcoholic beverages for consumption. A liquor license for manufacturing is not required for people of legal drinking age to brew wine or beer on their own personal property for personal consumption or family use. Some states have tried to regulate home brewing for private consumption. However, this regulation was found to be too excessive because brewing at home is done in small quantities and for the purpose of personal consumption only.
Refer To Municipality Board
In addition to trying to understand the various types of manufacturing licenses, there are also different local laws that need to be taken into consideration.. While the state has general authority over the regulations of alcoholic beverages, some states operate under a policy referred to as “home rule”. This policy means that each municipality can regulate the selling, consumption and manufacturing of alcohol within their own borders. Another factor that needs to be taken into consideration is that each municipality has a limited number of new liquor manufacturing licenses is to give out each year.
Each municipality, however, also has the right to enforce further restrictions on these numbers and can deny some applications that they feel goes against the local public interest. In some cases, applicants are required to present their case during a public hearing before they can be approved for their liquor license. After certain applicants obtain their licenses, the municipality has the right to require annual public hearings in order to approve their renewals. In rare cases, some municipalities have opted to not allow any sale of alcoholic beverages. And thus, do not issue liquor licenses for restaurants or bars.
Buying An Existing Business Manufacturing Liquor License
The current laws make it quite difficult to apply for a new manufacturing liquor license. Because of this, many applicants try to purchase existing licenses. Businesses may find information about available liquor licenses to purchase at appropriate municipality boards. If a private deal may be negotiated between the applicant and the owner of the license, they can proceed together to file a person-to-person application transfer.
Get Help From An Experienced Attorney
Applying to get a liquor manufacturing license can be very complicated. There are many forms, multiple fees and lots of detailed financial information needed in order to apply. In addition to the application, a background check is required as well as fingerprints submitted to the board. If the license needed is for a big entity such as a corporation, the requirements for the license are far more vast and complex. In this case, financial information and background checks could be required from all directors, officers and shareholders. Because of all of the overwhelming laws and requirements involved in getting a manufacturing license for alcohol, many applicants seek the help of an experienced lawyer of alcohol laws and regulations. A lawyer can also ensure that an applicant’s application won’t get rejected by making certain it is in full compliance with all municipality regulations.