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A Morrow guide

Buying a Bar: Liquor License, Lease and Bond Requirements

In this guide

The liquor license may not come with the bar. Texas says a new owner must apply for their own, and California treats a transfer like a new application, so check your state's rule and timing now. This guide also maps the lease, loan, bond and vendor terms that carry insurance requirements, for a buyer who just closed. Ask deal counsel and your state alcohol agency about licensing, and your broker about insurance. Your state and local rules control.

The short answer

  • Never assume a license transfers with the bar. Texas says a new owner must apply for their own, and California treats a transfer like a new application.
  • A bond, proof of financial responsibility and a certificate of insurance are three different things. Texas uses bonds in some cases, Michigan requires proof of financial responsibility and Massachusetts a liquor liability policy at stated limits.
  • A surety bond is not insurance for the owner. The surety expects to be repaid.
  • A landlord's additional insured status on your general liability policy usually does not bring liquor cover. A lease that asks for liquor cover is normally met through the liquor policy.
  • A certificate of insurance is not the policy. Ask for the endorsement, and collect certificates from bands, promoters and security firms.

What licenses and permits does a bar usually need?

Licensing is mainly state law with local approvals on top, so the right list depends on where the bar sits. The table shows typical categories with examples from two states. Verify each item with your state and local authorities.

Licenses and permits a bar may need, and what happens at a sale
ItemWhat it isWho sets itSale question
State alcohol license, TexasA mixed beverage permit covers spirits, wine and beer on premisesTexas Alcoholic Beverage CommissionNew owner applies for their own
State alcohol license, CaliforniaA Type 48 license covers bars with no food required, and a Type 47 covers restaurants, which must be a bona fide eating placeCalifornia Department of Alcoholic Beverage ControlPerson-to-person transfer
Add-on certificatesIn Texas, a Food and Beverage Certificate for alcohol at 60 percent or less of total sales, and a Late Hours Certificate for midnight to 2 a.m.State agencyConfirm what must be applied for again
Local approvalsTypically a certificate of occupancy, fire inspection, signage, outdoor seating, live entertainment or dance permits and a sales tax permitCity, county and stateCheck each against the new owner
Health permitUsually needed if food is served. The U.S. Food and Drug Administration (FDA) Food Code is a model that states and localities adaptLocal health authorityAsk whether a new permit is needed
Music licensingPlaying music publicly can create copyright claims. A federal exemption covers only radio and television transmissions, with size, speaker and screen limits, and not jukeboxes, disc jockeys (DJs) or live bands unless counsel says otherwiseFederal law and licensing bodiesA legal question for counsel (jukeboxes, DJs, live bands, streaming). Ask your broker whether any policy responds
Tax registrationsTexas mixed beverage permit holders owe gross receipts and sales taxes, and employers handle payroll tax on tipsState comptroller, Internal Revenue Service (IRS)Accountant's diligence item

The general guide to this topic is licenses, permits and registrations when buying a business.

Does the liquor license come with the bar?

Do not assume it does. The Texas Alcoholic Beverage Commission (TABC) says the license or permit cannot be transferred to a new owner, who must apply for their own, and that this usually takes about 45 to 60 days and can take longer. California requires a person-to-person transfer that seller and buyer sign and that the Department of Alcoholic Beverage Control (ABC) processes like a new application, with an in-person appearance and possibly escrow and a temporary permit. Neither agency's published guidance says what you may do while the application is pending, so that question belongs to deal counsel and the agency. In a stock purchase the entity may keep its license, but a change in who owns the entity can still need regulator approval, depending on the state.

Business income insurance responds to direct physical loss to property and is not designed to replace revenue lost to a permit delay, so plan cash for the gap.

With a Small Business Administration (SBA) loan, in a change of ownership the lender must secure transferable licenses conveyed in the purchase, with a liquor license as the rulebook's own example, as collateral, so ask your lender how it treats a license that cannot transfer. The lender must also see evidence of required licenses within 90 days after final disbursement. If a manager holds the license, the rulebook's "Key Employee" definition, which includes an employee with the experience, qualifications or required license to run the business, may matter. See insurance after an SBA acquisition loan.

Which bonds and proof of insurance can a license require?

Three different things get lumped together: a bond, proof of financial responsibility and a certificate. The state examples below show how they differ. Amounts change, so confirm the current rule with your state agency.

Examples of license conditions in three states
StateConditionForm
TexasA retailer of beer, wine or mixed drinks with no Food and Beverage Certificate must post a conduct surety bond of $5,000, or $10,000 within 1,000 feet of a public schoolBond, letter of credit or assigned certificate of deposit
TexasCertain beer or wine and malt beverage permit holders without that certificate in Bexar, Harris, Dallas and Tarrant counties post a performance bond, $2,000 to start, which rises after violationsBond or an equivalent
MichiganA retail licensee files proof of at least $50,000 of financial responsibility for dram shop liability, and an insured licensee may not cancel without 30 days' written notice to the commissionCash, securities, liquor liability policy, surety bond or group pool membership
MassachusettsA liquor legal liability policy of at least $250,000 per person and $500,000 per accidentCertificate of insurance acceptable to the local licensing authority

In Texas, a new owner applies for their own permit, so ask TABC whether a conduct or performance bond must be posted again rather than assuming the seller's bond carries over.

A surety bond is not insurance for the owner. It protects the state or the public, and the surety expects to be repaid. Whether bonds transfer at a sale is covered in do surety and license bonds transfer when you buy a business. These are examples only. Other states may set different conditions, so confirm yours with its alcohol agency.

What do the lease, the loan and vendor contracts ask of a bar?

Every lease is different, so use this as a checklist of things to look for.

Contracts that carry insurance terms
ContractWhat to look for
Lease: who is coveredAdditional insured, waiver of subrogation (the insurer gives up the right to sue the landlord to recover what it paid), and primary and non-contributory wording (your policy pays first, without asking the landlord's insurer to share)
Lease: liquor termsA minimum liquor limit, evidence of dram shop cover, indemnity for liquor claims, and whether the landlord must consent to a new operator or license holder
LoanHazard insurance with the lender's interest named, 10 days' notice of cancellation, and any lender requirements beyond SBA's minimums
Distributor and equipment agreementsWho owns draft lines, coolers, signage, jukeboxes or gaming machines, and any insurance or indemnity terms
Performer, promoter and event contractsCertificates from the performer, additional insured status for the bar, and indemnity terms
Franchisor or licensed brandOnly if the bar is one. Most independent bars are not franchised

A hypothetical example. Two months after closing, the landlord writes asking to be named an additional insured on the liquor policy and for a set liquor limit. Your broker had added the landlord only to the general liability policy. Under the standard liquor exclusion, which applies to every insured, that endorsement usually does not give the landlord liquor cover, and your policy wording decides. Your steps: read the exact clause, ask whether your liquor insurer will add the landlord and on what terms, compare the limit asked for with the one you carry, and ask counsel whether any term is negotiable. The landlord's letter and the lender's requirements are separate documents and may ask for different things.

See lease insurance requirements most new owners have never read and how to check your contracts against your policies. The additional insured glossary entry explains the term.

What does a certificate of insurance prove?

It proves that someone issued a summary, not that the policy says what the summary says. Ask for the endorsement behind any additional insured or waiver line. At a bar the certificate trap is liquor: a general liability certificate that lists the landlord as an additional insured usually does not show liquor cover, because the standard liquor exclusion applies to every insured, so ask for the liquor policy's endorsement and limit as well. Two sets of certificates matter at a bar. The seller may have issued certificates to the landlord, vendors and event hosts that your new policy does not back up, as described in certificates the seller issued that your policy does not back up. And you should collect certificates from bands, promoters and security firms, so the audit and your own liability picture are clear. Morrow's pages on why a certificate is not coverage and the certificate for a landlord go deeper.

What should your contract and license file contain by day 30?

  1. Every license, permit and certificate, with expiry dates, and the state's transfer or reissue rule in writing.
  2. Any bond or proof of financial responsibility the license requires, and who holds it.
  3. The lease and amendments, with insurance and consent clauses highlighted, and the loan agreement's insurance and license conditions.
  4. Distributor, equipment, performer and promoter agreements, with the certificates received.
  5. A table matching each requirement (lease, loan, license) to the general liability, liquor and property endorsements that answer it.

The coverage side is in coverage gaps new owners of bars and taverns find. Morrow can compare these documents with your policies and flag mismatches, and any new terms depend on carrier underwriting.

Keep reading

Frequently asked questions

Does a liquor license transfer when I buy a bar?

It depends on the state. Texas says the license or permit cannot be transferred and the new owner must apply for their own. California uses a person-to-person transfer processed like a new application. Ask deal counsel and your state alcohol agency about timing and what you may do in the meantime.

How long can a new liquor license take, and who runs the bar until it arrives?

In Texas the agency says about 45 to 60 days and sometimes longer, and California may issue a temporary permit. What you may do in the meantime is a question for deal counsel and the state agency.

Does my state require a bond or liquor liability proof for my license?

Some do. Texas requires conduct or performance bonds in certain cases, Michigan requires proof of financial responsibility of at least $50,000, and Massachusetts requires a liquor legal liability policy at stated limits. Other states differ, so confirm with your state agency.

Is a surety bond insurance for the bar owner?

No. A surety bond protects the state or the public, and the surety expects the bar to repay any claim paid out. It does not replace your liquor liability or general liability policies.

If my landlord is an additional insured, are they covered for liquor claims?

Usually not through your general liability policy, because the standard liquor exclusion applies to every insured. Ask whether your liquor policy can add the landlord and on what terms.

Is a certificate of insurance enough proof of coverage?

No. A certificate is a summary and is not the policy. Ask for the endorsement that gives any additional insured or waiver of subrogation status.

References

Just bought a business? Get your insurance reviewed.

Send Morrow the declarations pages, loss runs and key contracts you inherited. Morrow can review them against the business you bought, flag gaps and request quotes where it makes sense. Any new terms depend on carrier underwriting.

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This article is general information, not legal, tax or financial advice, and not a coverage determination. Coverage depends on the actual policy wording, carrier underwriting, your purchase agreement and your contracts. Ask your attorney and accountant about deal and legal questions.