LIQUOR LAW

In Connecticut, the liquor industry is highly regulated by the Department of Consumer Protection – Liquor Control Division.  This is the specific governmental agency charged with the responsibility of enforcing the Connecticut Liquor Control Act.  The Liquor Control Division regulates businesses such as cafés, restaurants, package stores, grocery stores with beer permits, caterers, clubs, distributors, manufactures, wholesalers, etc.  If your business is involved in the sale and distribution of alcoholic beverages, then your business is regulated by the Liquor Control Division.

The Liquor Control Division is the agency that will ultimately be in charge of issuing your liquor permit.  This same agency is the entity that maintains the authority to issue monetary fines, suspend, or revoke a liquor permit due to failure to comply with the Connecticut Liquor Control Act as it pertains to the sale and distribution of alcoholic beverages.  The regulations of the Connecticut Liquor Control Act are strictly enforced.  Make a mistake and your establishment could be shut down. When the stakes are this high, you need strong and effective legal representation.

With years of industry experience, we know the issues faced by alcohol-licensed establishments.  The firm of Silver & Silver LLP maintains the necessary experience and expertise to assist you with all aspects of this highly regulated liquor industry.  Whether you are applying for a new liquor permit, transferring an ownership interest of an existing business entity , facing disciplinary charges , defending a liquor-related lawsuit, etc., our firm can provide you with the requisite skills needed to accomplish your goals.

Our clients include:

∙  Restaurants
∙  Package Stores
∙  Bars/Night Clubs
∙  Hotels
∙  Caterers
∙  Social Clubs
∙  Grocery Stores

Please contact Silver & Silver LLP to discuss your liquor law issues.  Contact Us

APPLYING FOR A NEW LIQUOR PERMIT

The firm of Silver & Silver LLP represents business and organizations that are seeking to obtain a liquor permit in the State of Connecticut. 

TRANSFERRING OWNERSHIP INTEREST OF AN EXISTING BUSINESS ENTITY

Whether you are transferring a business to the next generation or buying/selling an ownership interest in an existing business entity, the law firm of Silver & Silver LLP has experience representing individuals and entities on both sides of the transaction.  Liquor Control Division approval is required for the sale, purchase or transfer of corporate stock or membership interest of a limited liability company.  Some of the issues involved in the transfer of an ownership interest of an existing business entity that maintains a liquor permit include:

• Franchise Agreement Review/Negotiation
• Stock Purchase Agreements
• LLC Membership Transfer Agreements
• Loan Document Drafting, Review & Negotiation
• Commercial Lease Drafting, Review & Negotiation
• Real Estate Purchase & Sale Agreements
• Change of Corporate Shareholder & Officer Applications
• Change of LLC Membership Applications
• Other Licensing Applications and Permits

Silver & Silver LLP understands that each client’s needs and goals are unique.  We are committed to use our experience in business law and liquor law to work to help you succeed as your needs arise.  Contact Silver & Silver LLP to assist with your corporate or LLC ownership transfer.

FACING DISCIPLINARY CHARGES

Despite their best efforts, even responsible establishments can be cited for liquor code violations.  Whether your establishment is solely owned or is part of a chain, the consequences of a liquor permit suspension, substantial monetary fines, or losing your liquor permit altogether can be devastating.

The firm of Silver & Silver LLP has experience representing clients in disciplinary proceedings before the Liquor Control Division including compliance meetings and administrative hearings.  We are also experienced in assisting clients with the development of policies and procedures to help preempt future violations and correct missteps which might lead up to a liquor code violation.

If you or your business is facing disciplinary proceedings for an alleged liquor violation, please contact Silver & Silver LLP. 

DRAM SHOP LAWS & LIABILITY

The goal of dram shop legislation is to reduce the incidence of drunk driving injuries and deaths.  By creating financial risks for businesses (and hosts) who serve already intoxicated patrons, legislators increased the incentive for business owners to “cut off” the tap.  The result of these laws around the country has been a reduction in drunk driving accidents.

Liquor permit holders can be proactive in avoiding dram shop liability and minimizing their risks by providing beverage server training.  Your insurance rates may also decline if your servers are trained in an approved program. 

Unfortunately for business owners, dram shop legislation has also led to an abundance of civil litigation.  Silver & Silver has been providing clients with a skilled and effective defense to these liquor-related lawsuits for many years.  To learn more about your responsibilities under Connecticut dram shop law and how you can protect and defend your business from litigation, contact Silver & Silver LLP.

Getting a Liquor Permit – Frequently Asked Questions

Isn’t the process simple, why do I need a lawyer?

Obtaining a liquor permit can be a complicated and time consuming process that differs from State to State.  It is not as simple as filling out a form and paying a fee.  Hiring experience legal counsel can prove to be a valuable asset in the process, and is likely to save you money in the long run.  Remember, establishments that serve and sell alcoholic beverages can add value to a community by increasing sales tax revenues, employment opportunities and enhancing community offerings, but they and their owners and operators are heavily scrutinized because of the serious risks involved, for example sale to minors, over service, etc.  The law firm of Silver & Silver LLP has experience in advising businesses on how to best proceed when moving to obtain a liquor permit.

How long does it take to get a Liquor permit?

The time it takes to get a liquor permit varies.  Timing is dependent initially upon how prepared the client is, for example:  has a location been selected, has the business been formally established, etc.  Next, much is dependent upon the specific circumstances of the business plan and contemplated location, for example:  has a lease been negotiated, is the location properly zoned, are there enough parking spaces, will there be live entertainment, will there be an outdoor patio, etc.  In some cases, an applicant may have to address some of these issues prior to, or in conjunction with, the liquor permit application.  Learning the details of a business plan and understanding the local rules and regulations will help in gauging how long the process will take.

What else is involved in the process?

The process of obtaining a liquor permit may involve other necessary steps, like clearing zoning codes, obtaining special use permits, variances, etc. or even securing additional licenses and permits. Background checks and financial disclosures are also involved. So, while you may have the impression that a liquor permit is all you need, an experienced analysis of your complete business plan is essential in determining whether you need to obtain other State or local approvals.

Unnecessary delays in opening your establishment on-time can cost a significant amount of money.  Contact Silver & Silver LLP to assist with the liquor permitting process and get it done right the first time.

Silver & Silver LLP works with clients not just to secure a liquor permit, but we assist our clients in obtaining all of the other necessary licenses and permits required to open and operate their business as they have envisioned.  Types of work related to new establishments that sell alcohol include:

• Business Plan Review and Consultation
• Incorporation and/or LLC Registration
• Buy-Sell Agreements
• Business Contracts
• Commercial Real Estate (including leases and acquisitions)
• Construction and Build-Out Contracts
• Zoning
• Loan Document Review
• Business Succession Planning
• Consultation on Liability and Dram Shop Insurance
• Meeting with Municipal Staff & Elected Officials
• Liquor Permit Applications
• Other Licensing Applications and Permits

We will be available and involved during all phases of starting your business, and as your business gets up and running.  We also have extensive experience counseling established liquor businesses as they work to compete in today’s competitive business environment.