Unfortunately, not everyone is eligible to apply for and receive a license in the beverage industry. Section 561.15, Florida Statutes outlines specific requirements you must meet before applying for a license.
Over 21 and Good Moral Character
To be eligible for a beverage license, you must be over 21 and of good moral character. Generally, licenses will not be issued to anyone who has been convicted of a violation of Florida’s (or any other state’s) beverage laws in the past 5 years, convicted of crimes of soliciting or letting premises for prostitution, pandering, or keeping a disorderly place in the past 5 years, or convicted of a felony in any state in the past 15 years. If you are applying for a license as a corporation, the officers and directors of the corporation are required to meet these same criteria.
License May Be Refused, Suspended, or Revoked for Violating Beverage Law
The Division of Alcoholic Beverages and Tobacco has the right to refuse, suspend, or revoke a license under three different scenarios:
- If any person, firm, or corporation held a license under the Beverage Law that was revoked or abandoned after they were notified in writing that revocation or suspension proceedings had been, or would be, brought against that license;
- If you are applying as a corporation, and any of your officers, directors, or persons that own a percentage of the corporation held a license under the Beverage Law that was revoked or abandoned after they were notified in writing that revocation or suspension proceedings had been, or would be, brought against that license; or
- If you are applying individually, and you held a license under the Beverage Law that was revoked or abandoned after you were notified in writing that revocation or suspension proceedings had been, or would be, brought against that license; or
Felony Conviction Exception for Corporations
A corporation applying for a license is not automatically barred from receiving a license if one of its officers or directors has a felony conviction, as long as it is unrelated to the Beverage Laws. The corporation will be required to show, at a public hearing, that the corporation has terminated its relationship with any officer, director, employee, or controlling shareholder whose actions directly contributed to the conviction of the corporation.
If you are starting a brewery and need help with the application process, Stanton IP Law offers personalized service packages at a reasonable monthly price to meet your needs. Please contact our firm at (813) 421-3883 and ask for a consultation with one of our experienced attorneys.
Still interested in beverage law? Read our blog on Beverage Law License Classification.
