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Liquor Laws and Licensing for Your Bar or Restaurant

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People decide to run restaurants and bars for many reasons. Some love the idea of working with people, while others are driven by a passion for their craft. Still, the food and beverage industry is inherently high-risk. One of the most over-looked and difficult things about opening a bar or selling alcohol in your restaurant is the need to follow stringent laws and obtain the appropriate licenses. Before you open a bar or begin to consider offering alcohol in your restaurant, you must understand the laws in your area and how you can get the right permits or licenses to serve alcohol.

In this article
  • The basics of liquor law
  • The types of liquor licenses that exist
  • Qualifications to obtain a liquor license
  • How to apply for a liquor license
  • Links to your local Department of Alcoholic Beverage Control 

Liquor LawTwo whiskey glasses and limes

First and foremost, you need to familiarize yourself with your state’s liquor laws, also known as Alcoholic Beverage Control (ABC). Every state has its own ABC agency which controls everything from wholesale distribution to retail sale of alcoholic beverages. These agencies determine what types of liquor can be sold, what selling hours can be, and other limitations such as whether liquor can be sold on Sundays. They also determine qualifications required for obtaining liquor licenses, the applicable fees, and liquor license quotas. These requirements may vary between cities or counties, and just about always varies by state. You need to inform yourself so you know exactly what your state and city require, and how to comply with all requisite laws.

Liquor Licenses and Permits

No matter how you look at it, the most important license for the bar owner is the liquor license. This is the license that will allow you to sell or serve beer, wine or spirits from your establishment. Because serving alcohol comes with so many responsibilities and inherent risks, there are special requirements and a special license. However, actually obtaining a liquor license is no piece of cake, and you need to get started early. The smartest option is to make this part of your business plan and to do the research well in advance so you can anticipate the length of time to obtain the license, the initial fee and any additional yearly costs.

Types of Liquor Licenses
Obtaining a liquor license or permit is essential for bars, restaurants and retailers that plan to sell, serve or otherwise distribute alcoholic beverages to guests on the premises. Liquor permits are usually required for alcohol wholesalers and production facilities. There are different types or classes of alcohol licenses and permits that are required, depending on the establishment and the type of alcohol being sold. The license types may be laid out by your state’s individual Department of Alcoholic Beverage Control, but for the most part the type of liquor license required depends on the type of establishment. For example, a convenience store selling beer will require a different license than the neighborhood tavern selling beer, wine and liquor. Depending on the type of establishment you run, you may even be required to sell a certain percentage of food alongside your alcohol. It just depends on the requirements laid out by your state’s ABC.

In some states it is easier for a bar to obtain a beer and wine license than a license for spirits. Sometimes you can even get an existing liquor license transferred to your ownership when you take over an existing restaurant or bar, but it depends on the local authority. There is no cookie-cutter method of getting a liquor license. This is where a lawyer can really come in handy. With someone else helping you sort through all the logistics, you have a better chance of making sure you have all the details covered.

Qualifications to Obtain a License

Basic qualifications to receive a liquor license vary between cities and states. However, many of these qualifications have the same general requirements:Pouring a cocktail in the bar

  • Legal drinking age. The person applying for the liquor license must be of legal drinking age.
  • Residence. Some places require you to live in a certain location for at least 90 days before applying.
  • Clean personal history. Personal and business background-check must be free from criminal activity.
  • Seller’s permit. You must be permitted by the state Department of Revenue first before you begin selling anything.
  • Training course completion. Some locations require the completion of a responsible beverage server’s training course before a license can be issued. Look here for information about TIPS (Training for Intervention Procedures), a global leader in alcohol training programs.
Submitting the Application
Once you submit your application to the proper governing body of your city or state, the process begins. This can take anywhere from a month to a year, depending on the location and any issues that arise. Typically, the application is posted in a local newspaper for a set amount of a time, during which the community can review the application. Anyone from the community can contest the application for just about any reason. If there is an issue, the application is brought before a local licensing authority, or even a town board, depending on the situation. There may be conditions assigned to the application, too, to cover potential noise violations or traffic issues. After examination, the board can decide whether or not to grant the license, or it might be put to a vote.

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Important Questions to Ask
When considering opening a bar, liquor store, or establishment that serves or allows liquor on the premises, consider starting the process of applying for a liquor license.  Here are some important things to think about before moving on:

How much will it cost?
The cost of a liquor license varies from location to location. In fact, this is one of the first things to think about so you can fit this cost into your initial business plan. The fees associated with getting a liquor license usually have to do with the type of establishment and the population of the city. For example, in California, the fee for a typical restaurant in a city with a population over 40,000 can reach $12,000 with an annual renewal rate of over $800.1

When should I start?
The sooner you start the process of obtaining a liquor license, the better. The time it takes to actually post the license application request in local newspapers can take anywhere from a month to a year, and so this is really one of the very first things you should do when opening a restaurant or bar. If this is something you are thinking of adding on to your current establishment, allow for at least a year to get the final license in hand, assuming everything proceeds accordingly.

Is insurance important?
If you are planning to sell or serve liquor for the first time, insurance is very important. Because alcohol sales is a risky business, liability insurance is a must. Liquor liability insurance will not cover sales that contradict the law, such as sales to a minor, yet it will cover things like assault charges if fights break out, or medical charges if someone gets hurt as a result of drinking in your establishment. You will find that your lawyer—and possibly a professional accountant—will be very useful in this area. >> Learn More About Managing Operational Risks

Where do I apply?
Search online, go to your library or look in the list below for information on your state’s Alcoholic Beverage Control agency. There is usually a good deal of information available online to guide you, especially if you are applying for the first time.

Running a bar is a big undertaking, and abiding by the law is part of it. Be sure that you have all your ducks in a row when it comes to obtaining the appropriate license for your establishment. 

List of Departments of Alcoholic Beverage Control by State

State of Alabama Alcoholic Beverage Control Board

Alaska Department of Public Safety, Alcoholic Beverage Control Board

Arizona Department of Liquor License and Control

Arkansas Department of Finance & Administration Alcoholic Beverage Control Division

California Department of Alcoholic Beverage Control

Colorado Department of Revenue Liquor and Tobacco Enforcement Division

State of Connecticut Department of Consumer Protection

State of Delaware Office of Alcoholic Beverage Control Commissioner

Florida Department of Business Professional Regulation

Georgia Department of Revenue

Honolulu Liquor Commission (City and County)

Hawaii: County of Kauai Liquor Commission  

Hawaii: County of Maui Department of Liquor Control 

Hawaii: Department of Liquor Control, County of Hawaii

State of Idaho Legislature

State of Illinois Liquor Control Commission

Indiana Alcohol & Tobacco Commission

Iowa Alcoholic Beverages Commission

Kansas Department of Revenue Alcoholic Beverage Control

Kentucky Department of Revenue

State of Louisiana Office of Alcohol and Tobacco Control

Maine Bureau of Alcoholic Beverages & Lottery Operations

Montgomery County Maryland Department of Liquor Control

Massachusetts Alcoholic Beverages Control Commission

Michigan Liquor Control Commission Department of Energy, Labor and Economic Growth

Minnesota Alcohol and Gambling Enforcement Division

Mississippi State Tax Commission Alcoholic Beverage Control

Missouri Division of Alcoholic Beverage Control

Montana Department of Revenue Liquor License Bureau

Nebraska Liquor Control Commission

Nevada Department of Taxation

New Hampshire State Liquor Commission

The State of New Jersey Department of Law & Public Safety Division of Alcoholic Beverage Control

New Mexico Department of Public Safety

New York State Liquor Authority Division of Alcoholic Beverage Control

North Carolina Alcoholic Beverage Control Commission

North Dakota Office of the State Tax Commissioner, Alcohol Tax Section

Ohio Department of Commerce

Oklahoma ABLE Commission

Oregon Liquor Control Commission

Pennsylvania Liquor Control Board

State of Rhode Island Department of Business Regulation

South Carolina Department of Revenue Alcoholic Beverage Licensing

South Dakota Department of Revenue & Regulation

Tennessee Alcoholic Beverage Commission

Texas Alcoholic Beverage Commision

Utah Department of Alcoholic Beverage Control

State of Vermont Department of Liquor Control

Virginia Department of Alcoholic Beverage Control

Washington State Department of Licensing

District of Columbia Alcoholic Beverage Regulation Administration

West Virginia Alcoholic Beverage Control Administration

Wisconsin Department of Revenue

Wyoming Department of Revenue


References
1 California Department of Alcoholic Beverage Control, 2009 License Fee Schedule http://www.abc.ca.gov/Permits.permits.html  (accessed July 28, 2009)

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