Throughout the life of a business, there may be some changes that are inevitable and some that you make because of your own desires or the shifting needs of your customers. However, while change is exciting, if you are a business that has been licensed or permitted by the Texas Alcoholic Beverage Commission (TABC) to sell or serve alcoholic beverages, then you may need to consider whether the changes are permissible. Once you have determined if you can make your desired changes, you will also need to know how to inform the TABC of changes to your business. Below, we’ll take you through the necessary forms for updating your TABC license and permit.
How Do You Know What Changes Need to Be Submitted?
In most cases, if your business sells wine, beer, or other alcoholic beverages, and you make a change to how the business is operated, it will need to be reported to the TABC. While we will take you through some of the most used forms and common changes, particularly for bars and restaurants, this is not an exhaustive list, so it is always best to discuss changes with your legal team and/or a TABC representative ahead of time.
Additionally, depending on if your business allows for on premise or off premise consumption, holds a food and beverage certificate, is a private club, is a package store, or holds special permits, there may be additional changes or other forms that need to be provided to TABC.
Change of Location
When changing the physical location of your business, you will need to properly document this change to the TABC. To submit a a change of location application, or to list that you have now obtained a Late Hours Permit, you will need the TABC Required Certifications form. This form is also used when you first apply for a liquor license or permit. This packet proves that you have acquired any local government licenses or certifications that are needed prior to submitting your application with TABC.
Most TABC permittees, regardless of whether they have an on-premise permit or off-premise permit, will need to update their business’s location with TABC.
Additionally, please note that re-submitting this packet also means you must run a legal notice for your new location (similar to the legal notice that is required when you first applied for your license or permit).
Other Changes to your Business that Require TABC Disclosures
Change of Business Name
If you are changing the name of your business, it will need to be properly documented by submitting the change on TABC’s website. For example if you change from Big Al’s to Little Al’s, you will need to use this form.
Change of Permanent Mailing Address
If your mailing address is an off-site location, such as an office or the owner’s home, and this changes it will need to be updated with the TABC on the TABC’s website. However, if this changes at the same time as you happen to be renewing your license or permit using the TABC’s website, this change can be made on the renewal application form.
Change of Owner or Change of Owner of the Business Premises
If the management or majority ownership of the business changes, then the TABC must be notified. You will also need to update TABC if the owner of the land or building of your location, i.e. your landlord, changes.
Shared Premises Change
If there is a change to who is operating on the same premises as your business, such as now sharing the premises with another business, you will also need to report this type of change. This is true even if the other business does not serve alcoholic beverages.
Change of Lease Information
If your lease expired and you renewed under changed terms, you will need to report those new terms to the TABC.
Change in Financial Information
Upon your initial TABC license or permit application, an explanation of how your business is financed is required. For example, a loan may have been used for financing the initial opening of your business, and would have been under specific loan terms.
If these terms change, or financing changes, such as an additional loan is taken out, then these financial changes must all be reported to the TABC.
Changes to Business Information
The Changes to Business Information Form is specifically for reporting changes involving the ownership of the licensed or permitted operation, such as a change in the officers or owners of the company, or a conversion of the entity type.
Please note that some changes may carry a fee with them, and some may need to be reported to the TABC at least ten days in advance of the change.
How Should Forms Be Submitted?
The easiest way to submit forms to the TABC is by using the Alcohol Industry Management System (AIMS) through the TABC site. The AIMS system provides a seamless experience. Submitting forms by mail are strongly discouraged, as it could take TABC several months to process these applications. So, if you plan to submit by mail, make sure to buffer in enough time before your planned change.
Talk to a Legal Team Experienced in Liquor Laws
The various TABC forms, involved with operating a business where alcoholic beverages are sold, can be complicated to understand and complete. Having a lawyer who has expertise in state, federal, and local liquor laws and regulations, can be vital. They can help you understand whether a change you want to make is permissible and how to properly complete any associated forms and submit the required fees.
Contact Ranger Licensing today for a free consultation.