South Florida Alcohol Beverage & Tobacco Lawyer
If you’re opening a restaurant, expanding a bar concept, or buying a business that comes with an existing liquor license, the licensing side of the transaction is rarely the part operators enjoy. Applications take months. Quota liquor licenses trade on a secondary market for six figures or more. One missed disclosure or zoning issue can stall an opening for weeks and burn through capital before the doors ever open.
Our South Florida alcohol beverage & tobacco lawyer helps restaurants, bars, retailers, hotels, distributors, and private clubs work through the state and municipal licensing process with the Florida Division of Alcoholic Beverages and Tobacco and local governments. We also handle license transfers in business acquisitions, day-to-day compliance questions, and defense when a notice to show cause arrives. Reach out to Loshak Law PLLC to discuss where you are in the process and what you’re trying to accomplish.
Why Choose Loshak Law PLLC for Alcohol Beverage & Tobacco in South Florida?
Choosing the right attorney for a licensing matter comes down to two things: whether counsel knows the process cold and whether counsel can keep the deal on schedule. Our business lawyers in South Florida bring both.
Local Legal Knowledge Across Florida Licensing
Founding attorney Brandon F. Loshak built the firm around transactional work that includes licensing, asset sales, and real estate. His practice covers alcohol beverage and tobacco licensing for hospitality operators, retailers, and distributors across Florida. Before opening the firm, Brandon practiced at one of the country’s largest law firms. He is admitted to the Florida and Texas bars, holds a finance degree from the University of Colorado at Boulder, and earned his J.D. at St. Thomas University School of Law. He carries the AV Preeminent rating from Martindale-Hubbell, the highest mark issued for legal ability and ethical standards.
Evan C. Leach supports the firm’s licensing and business work with more than 13 years of practice across business law, real estate, and complex litigation. A cum laude graduate of the University of Miami School of Law, Evan holds bar admissions in both Florida and Massachusetts and brings regulatory perspective shaped by an earlier career in the pharmaceutical industry.
Hospitality and Retail Experience
Our firm has supported restaurants, bars, retailers, and hospitality operators across Broward, Miami-Dade, and Palm Beach Counties. We have closed transactions involving quota license transfers, advised on special restaurant license (SRX) structures, and helped operators work through local zoning and distance-to-school requirements. Along the way, our clients have recovered and protected millions of dollars in closed transactions and resolved disputes.
Transparent Engagement Terms
We handle licensing matters on a flat fee basis when the scope is defined and hourly for complex applications or contested proceedings. Fees are discussed up front so operators can budget realistically from the start.
What Clients Say
★★★★★
“Brandon is amazing! He goes above and beyond for his clients in every way. I feel so much more secure and confident in my business knowing I can count on him. My husband and I highly recommend him!!!” – Christina Denali
Read more reviews on our Google Business Profile.
Types of Alcohol Beverage & Tobacco Cases We Handle in South Florida
Alcohol and tobacco licensing in Florida covers a wide range of businesses and use cases. From a single-location restaurant applying for a beer and wine license to a multi-unit operator acquiring a quota liquor license for six figures, the requirements shift based on the license type and the operating model. Below are the matters our alcohol beverage & tobacco attorneys in South Florida handle most often.
- Beer and wine licenses (1COP, 2COP, 3PS). Restaurants and retailers applying for a beer-only or beer-and-wine license go through the state Division of Alcoholic Beverages and Tobacco. We prepare applications, coordinate with local zoning, and see the matter through approval.
- Quota liquor licenses (4COP). Quota licenses are capped in number per county, so they trade on a secondary market for significant sums. We represent buyers and sellers on transfers and help structure the transaction.
- Special restaurant licenses (SRX). Certain restaurants can serve liquor under an SRX license if they meet seating, square footage, and food sales thresholds. We advise on eligibility and ongoing compliance.
- License transfers in business acquisitions. When a buyer takes over a business that holds a license, the license must transfer with proper state approval. We coordinate this work alongside the broader business formation or acquisition documents.
- Entity and ownership changes. Adding or removing owners, changing corporate structure, or updating licensee information with the state requires careful filings and full disclosure.
- Tobacco retail permits and compliance. Retailers selling tobacco products need a separate state permit and must meet age verification requirements and federal FDA retailer rules.
- Violation defense and administrative proceedings. If the state issues a notice to show cause or pursues a fine, we represent the licensee through the administrative hearing process.
- Temporary and special event permits. Catering, festivals, and special events often require temporary permits coordinated with state and local authorities.
- Commercial real estate with license considerations. Many licensed operators need counsel on the lease or purchase of the commercial premises alongside the license, including distance analysis and landlord approval language.
- Trademarks. Restaurants and beverage brands often need trademark registration alongside their licensing work. We handle both in-house.
- Land use and zoning. Many license applications stall at the municipal level. We work through conditional use, special exception, and variance processes with local boards.
Florida Legal Requirements for Alcohol Beverage & Tobacco
Florida’s alcohol and tobacco licensing framework is controlled primarily by the state, with meaningful municipal involvement on location, zoning, and operational rules.
The backbone of Florida alcohol licensing is the Florida Beverage Law at Chapter 561 of the Florida Statutes. This chapter sets out the Division of Alcoholic Beverages and Tobacco (ABT), the license classifications, license fees, and enforcement authority. Liquor-specific rules appear in Chapter 565, with beer covered in Chapter 563 and wine in Chapter 564. Quota liquor licenses are capped by county based on population under § 561.20. When a new license becomes available, the state runs a lottery; when no new quota licenses are released, buyers must acquire them on the secondary market, which in dense South Florida counties often means paying well into six figures.
Tobacco retail sales are regulated under Chapter 569 of the Florida Statutes, which requires a retail tobacco products dealer permit and imposes age-of-sale restrictions. Federal tobacco regulation is administered by the FDA’s Center for Tobacco Products under the Family Smoking Prevention and Tobacco Control Act. The federal TTB application process governs federal basic permits for alcohol manufacturers, wholesalers, and importers.
Licensed operators must also comply with local zoning, including distance requirements from schools, churches, and other licensed establishments, and many municipalities have additional approval or conditional use requirements layered on top of the state process.
Important Aspects of a South Florida Alcohol Beverage & Tobacco Case
Whether the client is starting fresh with a new application or stepping into an existing license through an acquisition, the process breaks into components that matter to an alcohol beverage & tobacco attorney from the first conversation.
License Type and Classification
Different business models need different license types. A restaurant concept with a meaningful food program may qualify for a special restaurant license (SRX), while a standalone bar generally needs a full quota license (4COP). Retail package stores fall under separate classifications. Choosing the wrong category or assuming flexibility that doesn’t exist creates delays. We analyze the operating model up front and recommend the licensing path that actually fits.
Quota License Acquisition and Transfer
Quota licenses are limited per county, so demand usually exceeds supply. Buyers negotiate purchase agreements for the license itself, often separate from the business purchase. The transfer process involves state approval, escrow arrangements, and coordinated closing documents. We draft the purchase agreement, handle the state filings, and coordinate the closing itself.
Zoning and Municipal Approval
The state license is only half the picture. Most municipalities require a separate conditional use or special exception approval, and some impose distance rules stricter than the state minimums. For a new location, zoning confirmation should happen before the state application, not after. We sequence the process correctly to avoid duplicating work.
Background and Ownership Disclosure
The state runs background checks on all officers, directors, and significant shareholders of the license applicant. Disclosure is exhaustive. Financial interests, prior licensing history in other states, and corporate relationships all come into the review. Omissions delay applications and can create grounds for denial.
Tobacco Retail Compliance
Tobacco retailers face overlapping federal and state compliance requirements, including age verification, signage, and product standards. Federal FDA inspections are part of routine retail operations for tobacco sellers. We advise operators on building compliance programs that protect the permit and the business.
Renewal and Ongoing Reporting
Licenses don’t manage themselves. Renewals come due on predictable schedules, ownership changes must be reported within statutory timeframes, and certain operational changes require advance state approval. For operators expanding into real estate development projects, coordination between the license file and the development entity becomes a regular part of the workflow.
Contact Loshak Law PLLC
If you are applying for a new license, buying a business that comes with a license, or working through a compliance issue, early legal involvement tends to produce the best outcomes. Our South Florida alcohol beverage and tobacco attorneys serve clients throughout Broward, Miami-Dade, and Palm Beach Counties from offices in Fort Lauderdale and Hollywood. Contact us to schedule a consultation. During that initial conversation, we will review the situation, identify the licensing issues in play, outline a practical path forward, and discuss fees openly. Put the experience of the attorneys at Loshak Law PLLC to work on your next application, license transfer, or compliance matter.
