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The Spotlight series provides helpful information about important business and professional licenses issued by the State of Florida. This installation provides information on whether liquor licenses may be “rented” out to hospitality operators.
The answer is fairly simple: NO. There is no mechanism for renting an alcoholic beverage license under the laws and regulations that govern the industry.
In light of the potential compliance issues, consult an alcoholic beverage attorney before entertaining any offers that involve renting or leasing a liquor license. Such agreements may violate state regulations against undisclosed interests maintaining an ownership stake in a license, but the compliance risk will depend on the structure of the proposed arrangement. The concept of a “renter’s” temporary possession of liquor license, even if structured to technically comply with the letter of the beverage law, nonetheless suggests a financial structure that is financially unfair to the “renter” and likely contemplates the failure of its business. To the extent that such a lease is structured as a sale with a creative owner financing structure, there could be other elements that carry a compliance or litigation risk.
Please proceed with caution, whether you are a current or prospective license holder.