Liquor License Attorneys

LIQUOR LICENSES

No matter the company’s location, a liquor license is an incredibly valuable asset to possess.  These licenses are often very difficult to obtain, and the Twenty-first Amendment to the US Constitution has done nothing to abate demand.

This high demand for a license doesn’t bode well for the owner who plays fast and loose with the regulations.  State liquor authorities are seldom forgiving.  The business owner who won’t play by the rules is easily replaced by someone who is dying to demonstrate his ability to comply.  Violating a regulation, even in an innocent way, can place a business owner on the fast track to an appearance before the liquor licensing authority — or even worse, total revocation.

Restaurants, nightclubs and other businesses that rely on the ability to serve liquor need to ensure staff is well trained, and mindful of the gravity of the situation.  Business owners need to be educated about compliance, and often need guidance instituting policies which ensure compliance is strictly adhered to.  If your entity needs assistance with a legal matter pertaining to licensing, call the experienced business lawyers of Bellatrix PC at (800) 449-8992 today.

whiskey in tumbler on ice

Put Our Business Attorneys to Work For You

Regardless of the type of company you operate — winery, distiller, host, caterer, liquor store, distributor, restaurant or tavern — you will benefit from a business risk review of your employment practices and policies.

If you are contemplating opening a business or want to apply for a liquor license, or if you are currently operating a company which has been accused of a license violation, Bellatrix PC can help.

We handle a variety of liquor licensing related matters, including:

  • Completing and filing the paperwork for a license, including later hours of operation, single sales, live and amplified entertainment, dancing, video games, and pool tables.
  • Buying or selling your license.
  • Appealing license denials.
  • Appearing at hearings or proceedings related to violation claims.
  • Updating any pertinent information that may affect your license, such as changes in your Articles of Incorporation, stock updates, LLC operating agreement changes, or any Secretary of State alterations.

Our knowledge legal team is also available to educate your company management on ways to avoid revocation, so that you can keep your daily operations as smooth and efficient as possible going into the future.

Operations after Obtaining a Liquor License

You already have a license — but do you know which regulations govern your ability to serve liquor offsite? Does your license allow you to serve liquor at a catered event?

This is a very complex area of law, and even after license acquisition there are many areas in which employers will need legal guidance.  For example, one area business owners tend to overlook is updating the Articles of Incorporation or other operating agreement to reflect the acquisition of the license and the subsequent operational changes that will necessarily follow.

A revocation may occur for any number of reasons, including but not limited to the following common scenarios:

  • Serving alcohol to minors or police decoys.
  • Serving alcohol outside of the authorized hours of operation.
  • Possession of alcohol outside of business premises.

It is important for employers to remember that obtaining the license is only half the battle: maintaining strict compliance with all relevant state and federal laws is critical to long-term legal and financial success.

Contact Our Lawyers for a Legal Consultation

If your entity has been accused of committing a violation, our dedicated and experienced liquor license attorneys will work with you to investigate the incident and formulate a strong defense strategy.  We will make every effort to settle the matter outside the courtroom, but should litigation become necessary, we are prepared to aggressively fight to protect your best interests.

To schedule a private legal consultation, call the law offices of Bellatrix PC at (800) 449-8992.  Our offices are located in St. Louis, San Diego, and Riverside, CA.

Commercial Real Estate Transactions

COMMERCIAL REAL ESTATE TRANSACTIONS

Commercial real estate transactions can be particularly complex and high-stakes transactions where millions of dollars may be at stake. Whether you are buying, selling or conveying property your transaction should be thoroughly reviewed prior to its execution. Taking the time now to perform a meticulous legal review by an experience Bellatrix PC attorney can reduce the likelihood of a dispute or costly litigation further down the line. As Your Peace of Mind Advocates we can guide your business through both relatively straight-forward and complex real estate transactions while protecting your company by performing due diligence and a thorough review.

Contract Form

Attorneys handle commercial real estate transactions

Our commercial real estate practice is designed to meet the needs of business and companies dealing in commercial real estate regardless if they are a buyer, seller or landlord. Some of the services we can provide regarding commercial real estate transactions include:

  • Drafting commercial real estate contracts – Our attorneys can draft real estate contracts for purchasers and sellers. Our contracts address and contemplate the unique needs and considerations present in every transaction.
  • Thorough review of real estate contracts — We will review your contract thoroughly and meticulously. Our goal is to protect you from contractual provisions that you neither bargained for nor expected. We can explain the terms and language utilized so that you can fully understand the benefits and obligations of the contract.
  • Commercial real estate due diligence – Prior to executing your real estate transaction we can perform a title search to check for the existence of liens, easements and encumbrances that can affect your title.
  • Attend real estate closings – We can represent you at a real estate closing or settlement to address any last moment concerns.
  • Real estate litigation – unfortunately despite the best efforts of all involved sometimes transactions do not pan out and end up in disagreement and conflict. We can advocate for your business’ position professionally and aggressively.

The foregoing is merely a brief synopsis of the services our legal team can perform regarding your potential commercial real estate transaction. Our attorneys can provide a clear and thorough view of the transaction and its effects.

Regulatory compliance, zoning, and other concerns can be handled by Bellatrix PC

When you secure a piece of land it is often for a particular purpose whether that purpose is to run a business, make an investment, or another goal. If you are a buyer, it is essential that real estate that you will be able to use the real estate for your intended purpose. Failure to perform diligence regarding land use regulations can result in obtaining property that cannot be used or the necessity of further legal action; in any case, neither situation would be ideal. Similarly as a seller, you may offer a warranty or assurance regarding the property you are transferring. You should ensure that what you have promised is what the buyer will receive or you are likely to find yourself litigating the matter in the future.

Reassurance and peace of mind in your commercial real estate dealings

As Your Peace of Mind Advocates the attorneys of Bellatrix PC are dedicated to guiding you or your company through commercial real estate transactions. We offer an array of legal services packages to meet the varying needs of businesses. To schedule your free & confidential legal consultation, call (800) 889-8376 or contact our firm online.

Commercial Leases

COMMERCIAL LEASES

If you are starting a new business or looking to move to a new location, chances are you will be signing a commercial lease. Before you engage in the leasing process, it is a good idea to retain the services of Bellatrix PC. Our skilled attorneys can help draft, review, or negotiate commercial lease agreements. We are also able to represent your business, should a dispute arise involving your current commercial lease, resolve the issue in an efficient and cost-effect manner.

San Diego skyline from beach across bay

How can an experienced attorney protect your interests in a commercial lease?

There are many facets to commercial leasing and services that Bellatrix PC can offer, including:

  • Drafting and reviewing commercial lease agreements
  • Negotiating new or re-negotiating existing commercial lease agreements
  • Resolving landlord/tenant disputes
  • Reviewing advisory opinions regarding lease provisions
  • Handling lease-to-own contract proposals
  • Handle disputes or litigation after a breach of contract

To protect your lease investment, a careful review of your commercial lease is essential. Our attorneys will educate you on the different components of the lease and their importance, pointing out any liabilities. There are a number of key provisions of a commercial lease that are important for business owners to review and understand before signing on the dotted line. These include:

  • Basic Lease Information — These sections usually include the monthly rent amount, address of the property, term of the lease, square footage of the property, and option period to renew.
  • Subletting — Some landlords will permit the tenant to sublease space to additional tenants and some will not. If you plan on subletting, it is very important to read the lease’s provisions. For example, most leases will state that if the subtenant fails to pay rent, you as the primary lease holder are responsible for the past due amount.
  • Alterations or Improvements — Most commercial spaces are not designed in a tenant’s optimal layout upon signing the lease. Therefore, it is important to negotiate in the ability to make alterations or improvements to the commercial space as long as they are approved by the landlord. It is also essential to clearly state whether these alterations or improvements will remain property of the landlord upon termination of the lease, or if they will be owned and removed by the tenant.
  • Failure to Pay and Remedies — These sections of the commercial lease detail specific actions that make the lease go into default, including failure to pay rent, abandonment of the property, failure to pay all required taxes, filing a petition for bankruptcy, etc. This section will state which county and state court systems have jurisdiction over legal actions, should any arise. This is especially important if the landlord is located in a different county or state. This section may also permit the landlord to obtain a judgment of possession to take back the property without any prior notice to the tenant, should the lease go into default.
  • Attornment and Subordination — In today’s economic climate, this section of the commercial lease is especially important to read, as it dictates what would happen should the landlord sell or foreclose on the commercial property. In most leases, if an owner loses the property, the new owner will take over the already intact lease and it’s agreed upon components.
  • Additional Rent Charges for Maintenance and Insurance — Most commercial leases will require the tenant to pay for a few additional items on top of the monthly rent. These items typically include securing commercial liability/property insurance on the building, maintaining the cleanliness of the inside and outside of the property, and paying a portion of the real estate taxes on the property. Sometimes these are added in as monthly charges or yearly payments.

Our attorneys at Bellatrix PC are dedicated to spending the time necessary to fully understand your commercial leasing needs and goals. Once these aspects have been determined we can examine a proposed lease agreement and explain key lease provisions, identify potential areas of concern, recommend corrective steps, and negotiate for you. Our legal guidance can help you identify unfavorable provisions that may affect your company’s bottom line or business model. We will work to ensure that your rights and interests are protected, and that you can make full use of the space according to the provisions of the lease. Contact Bellatrix PC today or call us a (800) 449-8992 to schedule a confidential consultation.

 

The Basics of Commercial Leases

magnifying-small-printIf you are starting a new business or looking to move to a new location, chances are you will be signing a commercial lease. Before you negotiate and sign a commercial lease, it is a good idea to retain the services of a professional familiar with the commercial leasing process and the terms.

Or, if you are looking to get into the commercial landlord business, or rent-to-own business, you must contract with your tenants in writing, using terms that clearly spell out duties, if your lease is to be enforceable.

There are a number of key provisions of a commercial lease that are important for business owners and commercial landlords to review and understand before signing on the dotted line. Commercial leases are more complex and have far fewer statutory protections and requirements than a residential lease. While this allows for more freedom of contract, tenants and landlords alike can get into big trouble if they do not understand important terms.

Basic Lease Information

This section usually includes the monthly rent amount, address of the property, term of the lease, square footage of the property, and option period to renew. It also tells you who is the tenant (hint: it should be the corporation, not the owner).  Business owners are also often separately required to personally guarantee the leases, putting their own assets at risk in a down business cycle, but giving the landlord a little extra protection from breaches.

Subletting

Some landlords will permit the tenant to sublease space to additional tenants, although they usual require written approval first. Also, in most leases and subleases, the primary tenant lease holder is still responsible for the full rent, regardless of what happens with the subtenant. Both the subtenant and the primary tenant are usually responsible directly to the landlord for other lease terms, such as maintenance requirements and to not engage in dangerous or nuisance activities.

Alterations or Improvements

Most commercial spaces are not designed in a tenant’’s optimal layout upon signing the lease. Therefore, it is important to negotiate whether the tenant make alterations or improvements to the commercial space as long as they are approved by the landlord. It is also essential to clearly state whether these alterations or improvements will remain property of the landlord upon termination of the lease, or if they will be owned and removed by the tenant. You should also negotiate who will pay for any improvements, such as when the building needs improvements to keep up with safety codes or ADA requirements.

Failure to Pay and Remedies

This section of the commercial lease details specific actions that make the lease go into default, including failure to pay rent, abandonment of the property, failure to pay all required taxes, filing a petition for bankruptcy, etc. This section will state which county and state court systems have jurisdiction over legal actions, should any arise. This is especially important if the landlord is located in a different county or state. This section may also permit the landlord to obtain a judgment of possession to take back the property without any prior notice to the tenant, should the lease go into default, or liquidated damages upon certain breaches.

Attornment and Subordination

In today’’s economic climate, this section of the commercial lease is especially important to read, as it dictates what would happen should the landlord sell or lose the property to foreclosure. In most leases, if an owner loses the property, the new owner will take over the already intact lease and its agreed upon components. But sometimes the lease will automatically terminate upon a transfer of ownership or upon foreclosure, leaving the tenant facing an eviction and giving the tenant rights to bring a lawsuit against the original landlord for damages.

Additional Charges for Maintenance and Insurance

Most commercial leases will require the tenant to pay for a few additional items on top of the monthly rent. These items typically include securing commercial liability/property insurance on the building, maintaining the cleanliness of the inside and outside of the property, and paying a portion of the real estate taxes on the property. Sometimes these are added in as monthly charges or yearly payments.

Bellatrix PC attorneys examine existing and proposed commercial leases and can:

  • Draft and review commercial lease agreements
  • Negotiate new or re-negotiate existing commercial lease agreements
  • Resolve landlord/tenant disputes
  • Provide advisory opinions on the meaning of lease provisions
  • •Handle lease-to-own contract proposals

For review of any commercial leasing transaction, be sure to reach out to one of our real estate attorneys today.