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Damien Bosco
Damien Bosco, Attorney
Category: Business Law
Satisfied Customers: 2556
Experience:  Helping you with your legal questions.
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I am studying to purchase a gas station with convenience

Customer Question

I am studying to purchase a gas station with convenience store in Montgomery county, Texas.
Current owner had lost his beer and wine license for selling beers to minors four times ( two times violation by employees,
another one time by his wife and the other one time by himself).
My question is if there would be any problem to get a new beer and wine license by new owner's name(my name).
I heard that current owner tried to regain the license by his relative name in vain.
And some people says no more new beer and wine license will be allowed for this premise although ownership is to be changed by trade.
Submitted: 9 months ago.
Category: Business Law
Expert:  Damien Bosco replied 9 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 9 months ago.

My first reaction and thought when reading your question was that it will be difficult to get a liquor license for the same premise although there are different owners. However, it would seem that it could be done if there is no direct or indirect relation to the seller and the buyer. The reason is that there would be a concern that the same activity will occur. On the application, interview, site visit, or an appearance in front of the Judge with the TABC, the buyer can show that the buyer and seller are not related and that precaution will be taken. We can discuss more if you would like to do so.

Customer: replied 9 months ago.
Thanks for your kind reply.
I, as buyer, have no any relation to the seller.
How can I prove it ?
Customer: replied 9 months ago.
34;On the application, interview, site visit, or an appearance in front of the Judge with the TABC, the buyer can show that the buyer and seller are not related and that precaution will be taken."
---- What should I show them to prove that I have no any relation to the seller ?
---- What do they ask to verify the relation between the buyer and seller ?
Expert:  Damien Bosco replied 9 months ago.

Hello Jay: It is not something that a buyer would need to show right a way. It would be if there was an objection or a denial. If they deny the license because they say it is the same premises, then the buyer would say that there is no connection to the seller. So, what I am saying is that if the licensed is denied because it is the same premises, and the reason is because of the risk of the same activity, then the buyer would argue that there is no connection between the buyer and seller. It is not a document per se that needs to be presented, except possibly an affidavit or testimony to that effect.

Customer: replied 9 months ago.
Thanks, Damien,
Finally, Do you think that I will be able to get the license as long as I have no any relation to seller ?
Expert:  Damien Bosco replied 9 months ago.

Hi Jay: You are welcome. I believe you have a good chance. If you are initially denied because it is the same premises, the argument to use is that the buyer has no relation to the seller and the buyer will put into place a policy to make sure all laws are followed. Think of it this way, by saying the premises is never for all eternity to have a liquor license does not seem reasonable.

Customer: replied 9 months ago.
Thanks Damien,
If my application is denied because it is same premise, how can I argue ?
Should I buy lawyer for it ?
And, do you know any case same as my situation ? If yes, did buyer get license on same premise in the end ?
Expert:  Damien Bosco replied 9 months ago.

You are welcome Jay. It would take case law research to see if there is a similar case; and it may be difficult to get a case unless there was an appeal to one of the state courts. Getting an attorney who applies for liquor licenses in your areas may be helpful because they become familiar with the board members; and may be able to get a better feel for the commission's position before you start the process. In any event, the argument we discussed is a viable argument if initially denied a license because the buyer is an "arms length" buyer, no business or personal relationship with the seller. If you want to continue our discussion let me know.

Expert:  Damien Bosco replied 9 months ago.

Hello Jay! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars. Best regards.