Site Selection and Strategy: Why Due Diligence Matters Before You Sign a Lease

Selecting a location is one of the earliest and most consequential decisions a bar or restaurant operator will make. Before signing a lease, operators should consult a Florida alcohol attorney who can evaluate whether the property, concept and liquor license strategy align.

Spirit Law Partners is a Florida-based, nationally recognized boutique alcohol beverage law firm. Its attorneys advise emerging operators, established hospitality groups, alcohol producers and retailers, hotel and restaurant chains, movie theater companies, investors and other alcohol industry clients across the country.

That experience allows Spirit Law Partners to evaluate a proposed location within the context of the operator’s broader business strategy, not simply the license application.

Why Consult an Alcohol Attorney Before Signing a Lease?

Operators sometimes wait until after signing a lease to begin discussing alcohol licensing. By then, they may be committed to a property that does not support the intended use.

Bringing an alcohol attorney into the site-selection process can help answer a critical question: Can you get a liquor license for the proposed location?

The answer depends on more than whether the property is commercially zoned or previously operated as a restaurant. An attorney may consider the proposed license type, local zoning classification, ownership structure, premises layout, surrounding properties and intended operations.

Align the Location With the Liquor License Strategy

Not every Florida liquor license supports the same type of operation. The appropriate licensing strategy may depend on the alcohol being sold, the role of food service, where consumption will occur and how the business intends to generate revenue.

A concept centered on a full-service restaurant may require a different approach than a cocktail bar, nightclub, hotel, entertainment venue or package retailer.

Alcohol attorneys can assess whether the proposed site and business model align with the intended license. Addressing liquor license zoning early can help operators avoid building a concept around a location that cannot support it.

Review the Entire Proposed Premises

The physical boundaries of the licensed premises can affect where alcohol may be stored, sold, served and consumed. Patios, rooftops, pool decks, courtyards and shared hospitality spaces may require additional consideration.

Spirit Law Partners represents clients across varied alcohol industry sectors, including hotels, restaurants, entertainment venues and mixed-use concepts. This experience helps the firm identify potential issues within more complex premises and operating models before final plans are completed.

Coordinate the Lease and Licensing Strategy

A lease should account for the time and uncertainty involved in securing alcohol licensing and related approvals.

An alcohol attorney can identify licensing concerns that should be addressed with the operator and leasing counsel during negotiations. Depending on the transaction, these discussions may involve approval periods, licensing contingencies, landlord cooperation, rent commencement provisions or options if necessary approvals cannot be secured.

For clients entering Florida or expanding nationally, Spirit Law Partners can also help coordinate the licensing strategy with the proposed ownership and transaction structure.

Choose Counsel With Industry-Specific Experience

Restaurant liquor license location issues can affect operators of every size, from independent entrepreneurs opening their first concept to national hospitality groups expanding into Florida.

Spirit Law Partners is an award-winning, Chambers-ranked boutique alcohol law firm based in Florida with a national client base. Its attorneys focus on alcohol beverage law and understand how licensing, compliance, operations and business strategy intersect throughout the life of a hospitality concept.

Working with experienced alcohol counsel during site selection allows operators to evaluate potential concerns before a lease is signed, an opening date is announced or substantial capital is placed at risk.

Consult Spirit Law Partners Before Signing

Spirit Law Partners advises bars, restaurants, hotels, entertainment venues, alcohol producers and retailers, investors and hospitality groups throughout Florida and across the United States.

Considering a location for a bar or restaurant in Miami, South Florida or elsewhere in the state? Make sure to contact Spirit Law Partners at 305.395.3130 before signing the lease!