You have a right to contest any action the state or local government may take against your license. A license holder can negotiate with the state or local governments to resolve the issue.
If the state or local government wants to proceed further, a license holder is entitled to a hearing and has a right to due process.
Legally a liquor license is a privilege and a government must afford the license holder to right to defend itself in a hearing, before taking a license away.
When determining whether you can ship into another state, a company must go through a multi-step analysis.
1. They must determine if the specific state laws allow shipping of beer, wine, or spirits.
2. They must determine whether shipping into the market is worth the cost.
As multi-state laws are varied and different, you need an expert to navigate you through the process. The direct to consumer world is new and not many liquor lawyers understand its complexities.
There are numerous ways liquor laws change. They either come about through a change in statute, regulation, or department policy. As the liquor code is difficult and complex, obtaining change in the status quo is often difficult.
Without a vast understanding of the legal requirements and the process, obtaining change can become difficult.
Sometimes states inadvertently send cease and desist letters to a business, or they send a letter because they don’t fully grasp the business model or the legal basis for shipping. It helps to have someone that represented wine related businesses in front of numerous state liquor commissions.
Obtaining a liquor license in Illinois is a two-step process. First, you need to get approval from the local unit of government. This requires you to work with the local town, city, or village officials and meet their requirements.
After obtaining a local liquor license, you then apply for the state license. Once you meet the requirements for obtaining a state license. The State of Illinois will issue a liquor license.