In Florida, if you want a license to sell beer, wine or spirits, you have to get a license. That means passing the scrutiny of those at the Division of Alcoholic Beverages and Tobacco (ABT) – which is a division of the Department of Business and Professional Regulation (DBPR).
One of the key criteria applicants have to meet is the “good moral character” requirement. This involves an evaluation of both the personal and professional conduct of those who operate the business seeking licensure.
What factors are considered in the “moral character” review?
Essentially, the “good moral character” evaluation is meant to safeguard the public’s welfare by making sure that liquor license holders can be trusted to responsibly manage their alcohol sales. Some of the key issues that may affect the determination include:
- Criminal history: While not every criminal conviction will disqualify someone, felonies involving violence, fraud, alcohol or drugs are definitely going to be a problem.
- Business conduct: An applicant’s prior business dealings are also scrutinized for signs that they’ve been involved in fraudulent, unethical or illegal activities. A record of compliance with regulatory requirements can help an applicant, but a history of fines or closures due to suspended operating licenses can prove fatal to an application.
- Financial responsibility: It can be very difficult to obtain a liquor license if the applicant has a history of failing to meet their financial obligations or currently has damaged credit.
- Community reputation: This can cut either way. Character references, recommendations and testimonials from reputable business professionals and members of the community can help show that an applicant is trustworthy and responsible – while a poor community reputation can create more issues.
Obtaining a liquor license in Florida is rarely a straightforward, easy process. Overcoming any issues that might conflict with the “good moral character” rule can often be done, however, when you have the right legal guidance.