Greenspoon Marder Successfully Blocks Transfer of Liquor License

News Jun 1, 2016

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Michelle Martinez Reyes, Chief Marketing Officer
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Greenspoon Marder Successfully Blocks Transfer of Liquor License

Administrative law judge sides with nightclub operator who lawfully acquired an alcoholic beverage license prior to a sheriff’s seizure and levy on the license issued against its
previous owner

MIAMI – June 01, 2016 – Attorneys Louis J. Terminello and Joshua Remedios, of Greenspoon Marder, have successfully blocked the transfer of an alcoholic beverage license in a dispute before the State of Florida Division of Administrative Hearings titled RJR Charitable Holdings, LLC v. Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco and Party Latino Corp. The judge denied the petitioner’s request to approve the transfer of the license after the petitioner purportedly purchased it at a sheriff’s sale.

Terminello and Remedios represented the intervenor in the matter, Party Latino Corp. In February 2014, Party Latino purchased all of the assets of La Cidra Corporation, operator of Miami nightclub L’Boulevard Café Supper Club. La Cidra had ceased operation of the club following a $3.4 million default judgment against the company in a battery case brought by Steven Beltre. As part of the asset sale, Party Latino applied to the Division of Alcoholic Beverages and Tobacco for an ownership transfer of the liquor license. A temporary license was issued.

Five days after the sale closed, the Eleventh Judicial Circuit Court imposed a levy on La Cidra to satisfy the $3.4 million judgment. The Miami-Dade County Sheriff’s Office seized the property and all of its contents on March 8, 2014, and held an auction on April 30, 2014. RJR Charitable Holdings, LLC, purchased the property (including the liquor license) at auction for $140.00 and subsequently filed for a transfer of the liquor license. The Department of Alcoholic Beverages and Tobacco denied RJR’s transfer request.

RJR subsequently petitioned for a formal hearing to approve the license transfer, and Party Latino filed a motion to intervene in January 2016.

In his ruling on May 31, 2016, Administrative Law Judge Robert E. Meale denied RJR’s petition for a statutory transfer of the license. He found that Beltre had not properly filed a judgment lien certificate with the Florida Department of State and therefore, the Beltre judgment is not enforceable and Party Latino retains possession of the liquor license.

Shareholder Louis J. Terminello is co-chair of Greenspoon Marder’s Alcohol Beverage Group. He has more than 35 years of experience in the alcohol beverage and tobacco industry as a regulator, industry attorney and industry member.

Joshua Remedios is an associate in the firm’s Alcohol Beverage Group. He has assisted with the representation of nightclubs, bars, restaurants, hotels, performing arts centers, non-profit organizations and other entertainment venues.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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Natalie Villanueva, Director of Marketing
954.333.4308 | [email protected]

This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Successfully Blocks Transfer of Liquor License

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