Services

Liquor Permit Transfers

Jeffcott Law is able to assist with Transfer of Ownership Applications, Transfer of Location Applications, Economic Development “TREX” Transfer Applications, Stock Transfers, LLC Membership Transfers, and transferring liquor permits in and out of safekeeping. It is very important to consult an attorney before filing a liquor permit transfer application. A liquor attorney can make sure a Buyer of a liquor permit is made aware of any delinquent taxes or violations that could hinder the transfer process. We will make sure that your liquor permit transfer is handled efficiently and effectively.

New Liquor Permit Acquisitions

Liquor permits in Ohio are issued based on a population quota system. If a permit is available through the state, then a business may be able to avoid the transfer process and simply file a New Permit Application with the Division of Liquor Control. If no openings exist, then an applicant may still apply for a new permit, but they will be placed on the waiting list. Jeffcott Law advises applicants on whether specific permits are available, and helps execute and timely file New Permit Applications for on-premise (“Class D Permits”) and carry-out privileges (“Class C Permits”).

Federal TTB Licensing

Businesses seeking to manufacture beer, wine, or distilled spirits not only have to obtain a state permit, they also have to be approved on the federal level via the Alcohol and Tobacco Tax and Trade Bureau, or TTB. The TTB application process is much more complex, and it is essential that the applicant is organized and informed about this process before it begins. Businesses must also submit all product labels to the TTB and obtain a Certificate of Label Approval (COLA) before they can be used in commerce. If you are thinking about opening a brewery, winery, or distillery, contact Jeffcott Law for further information.

Ohio Liquor Law Compliance

Once a liquor permit business is open and operating, Jeffcott Law works with our clients to ensure they stay compliant with all applicable liquor laws. Businesses often have questions regarding topics such as happy hour laws, bottomless drink specials, advertising, and alcohol delivery. If you have any questions pertaining to Ohio liquor law, it is a good idea to err on the side of caution and seek the advice of an attorney in order to avoid potential violations.

Liquor Permit Violations/Citations

When a permit holder violates Ohio Liquor Law, a citation is issued by the Department of Public Safety and a hearing is scheduled before Liquor Control Commission. The Liquor Control Commission is comprised of three Commissioners who hear cases related to violations that can result in fines, suspension, or revocation of a liquor permit. Jeffcott Law frequently defends permit holders against allegations of underage sales, insanitary conditions, EBT/food stamp trafficking, drug paraphernalia, and illegal gambling. It is also important to note that corporations and LLCs must be represented by an attorney at a violation hearing. If your business is cited for a liquor permit violation, do not hesitate to contact us.

Sales Tax Appeals

Liquor permit holders must stay current with all taxes. Before the Division of Liquor Control sends a permit holder its annual renewal application, it checks with the Department of Taxation to make sure that all applicable taxes have been filed and paid for the previous calendar year. If tax delinquencies exist, then the Division of Liquor Control will issue a Tax Non-Renewal Order, which will prevent the permit holder from renewing its permit. The permit holder may file an appeal and request a hearing before the Liquor Control Commission in order to save the liquor permit. Jeffcott Law assists clients in negotiating payment plans with the Department of Taxation and Ohio Attorney General Collections Enforcement Section in order to successfully renew their liquor permits

City/Institutional Objection Hearings

Cities and public institutions (such as schools or churches) within 500 feet of a proposed liquor permit premises have the right to object to the issuance of a new liquor permit. If an objection is filed, then a hearing is scheduled with the Division of Liquor Control. The objecting party then has the burden to prove why the Division of Liquor Control should not issue the permit. An experienced liquor attorney is a valuable asset for hearings such as these. Jeffcott Law will work with you to prepare a solid defense against these types of objections.

Wet/Dry Due Diligence

When a liquor permit application is submitted to the Division of Liquor Control, the county Board of Elections is contacted to determine the voting precinct in which the applicant’s business is located and whether that location is wet or dry for alcohol sales. Even though prohibition was repealed in 1933, many dry areas in voting precincts still exist today. It is absolutely essential to conduct wet/dry research before a liquor permit application is filed. If an applicant’s proposed location is dry for alcohol sales, the only option that business has is to pursue a local option election. This can greatly delay a target opening date. Jeffcott Law will conduct this research for you so that you know the wet/dry status of a location before you purchase real estate or enter into a lease.

Temporary Liquor Permits

A temporary liquor permit (Class F Permit) is required when an organization intends to provide alcohol to guests either for sale by the drink or through the use of an entrance fee or cover charge. Additionally, if an existing liquor permit business plans on hosting an event or party in its parking lot or other off-premise location, then the business must obtain a temporary liquor permit as well. Jeffcott Law will help you choose the correct type of permit for your event and make sure the application is accurately drafted and timely filed.