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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116809
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I HAVE BEEN TRYING TO OPEN A FULL SERVICE RESTAURANT IN

Customer Question

I HAVE BEEN TRYING TO OPEN A FULL SERVICE RESTAURANT IN CLARKSDALE, MS FOR THE LAST 8 OR 9 YEARS BUT GETTING BLOCKED FROM EVERY ASPECT, NORTH DELTA PLANNING FOR MINORITY FUNDING, MISS ALCHOLIC AND BEVERAGE ASS, WHICH CONTROLS THE LIQUOR LICENSE, THE CITY OF CLARKSDALE WHEN IT COMES TO BUILDING PERMITS, BANKS WITH THE EXCEPTION OF ONE, FOOD AND
BEVERAGE COMPANIES. I HAVE FINALLY GOTTEN PAST ALL WITH THE EXCEPTION OF THE LAST HURDLE, THE MISS ALCHOL AND BEVERAGE BOARD, WHICH ISSUED ME A LIQUOR LICENSE THEN INFORMED ME THREE MONTHS LATER THAT THEY WOULDN'T HONOR IT BECAUSE OF A DUI CONVICTION IN 2004 IN CONN. WHICH TURNED INTO A FELONY CONVICTION BECAUSE OF PAST DUI IN LA AND TEXAS. I NOW KNOW WHY.
THEY DON'T WANT THE COMPETION BECAUSE OF PAST EMPLOYMENT HISTORY WITH STEAK AND ALE RESTAURANT CHAIN AS A GENERAL MANAGER IN TEXAS AND COPELAND OF NEW ORLEANS IN NEW ORLEANS.
THEY ARE BLEEDING ME DRY FINANCIALLY. I NEED HELP, ASAP
PLEASE HELP
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry, but what is your specific question for us regarding this matter? Have you filed your appeals yet and obtained a local attorney to represent you to seek to get a waiver on the license?
Customer: replied 1 year ago.
They are denying my use of a liquor license which they issued because of a felony conviction from dui in 2004 in Conn plus denying me from managing my restaurant along with not being able to own it with a liquor license. They didn't give me an appeal process to follow and waiting for a response from an attorney.Can they do that since the law, I believe says I can manage with this conviction after three years. Is this correct?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You are correct that you can manage the business if it has been more than 3 years since the end of your sentence from your conviction. So if you or your spouse owns the business and holds the license and it has been more than 3 years from your conviction, you can work on the premises. Furthermore, the MS laws say that an applicant for a retail liquor permit cannot have a felony conviction within 2 years of their application, see MS Statutes 67-3-19. Qualifications of applicant for permit as retailer. So, if they are denying you, then your next step is needing a local attorney to pursue them and appeal their denial and if they still refuse, then you would need to sue in court to force them to follow the state laws.

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