Can You Get a Liquor License With a Felony?

Life doesn’t always follow a straight path, and for those with a felony on their record, pursuing certain business goals can feel out of reach. If you’re dreaming of becoming a bartender or even opening your own bar, you might wonder if your past mistakes will prevent you from getting a liquor license. The truth is, the answer isn’t always black and white.

In this blog, we’ll address the challenges, opportunities, and steps you can take to get closer to achieving your goals.

What Is a Liquor License?

A liquor license is a legal permit issued by a government agency that allows a business to sell or serve alcoholic beverages. Its purpose is to regulate the sale and consumption of alcohol, ensuring public safety and promoting responsible drinking practices. Liquor licenses come in various types, including on-premise licenses (for establishments serving alcohol on-site, like bars and restaurants) and off-premise licenses (for businesses selling alcohol for consumption off-site, such as liquor stores). Specialty licenses may also exist for specific types of businesses or events. The application process for a liquor license typically involves submitting paperwork, paying fees, and potentially undergoing background checks and inspections. General requirements may include meeting zoning regulations, demonstrating financial stability, and completing alcohol server training programs.

How Many Types of Liquor Licenses Are There?

There isn’t just one type of license available for those looking to enter the alcohol service industry. There’s actually quite a few you should know about so you can be sure you’re applying for the right one. Let’s take a look at them individually.

On-Premise Licenses

These licenses allow businesses to sell and serve alcoholic beverages for consumption on the premises. This includes bars, restaurants, nightclubs, and hotels.  

Off-Premise Licenses

Off-premise licenses permit the sale of alcoholic beverages for consumption off the premises. Think liquor stores, grocery stores, and convenience stores.  

Specialty Licenses

These licenses are specific to particular types of businesses or events. This includes concession stand licenses to sell alcohol at events like concerts, sporting events, or festivals or catering licenses to serve alcohol at weddings and parties.

Can Felons Legally Serve Alcohol?

Laws about who can legally serve alcohol and in what context are typically set at the state level. However, in many cases, states allow counties and/or municipalities to institute their own rules. As a result, the answer is really going to depend on exactly where you live.

In other words, you need to look up state and local laws to be sure. You should look for:

• The minimum age for serving alcohol (because criminal record or not, it's a factor),
• Whether alcohol servers need a "bar license" in your jurisdiction
• Whether a local law or liquor board policy exists regarding alcohol service with a criminal record.

Generally speaking, however, most jurisdictions don't legally prohibit bartenders from having a felony record. Only a few states have laws that could prohibit felons from serving alcohol: Indiana, Kansas, and Washington State. States like Virginia specify that individuals with felony drug convictions may not be employed in positions involving the sale or service of alcohol.

Can Felons Get Hired as Bartenders?

So, in most jurisdictions, you can legally become a bartender with a felony, but can you get a job?

It's going to depend on the individual bar and its ownership. Each business has its own policies and can hire who they like at their own discretion.

There are good reasons that bars may refuse. For example, the actions of an alcohol-serving employee come with civil (and sometimes even criminal) liability. For some owners, it's a risk they're not willing to take.

However, there are bar owners who see an advantage in hiring people who are turning their lives around. Most owners will take into account the individual situation: how long it's been since your felony, how you've behaved since then, and what the conviction was for.

If you've got an alcohol or drug-related offense on your record, it might be harder to find someone who will take a chance. This holds true for violent or sexually motivated crimes.

If you're having trouble getting hired, see if someone will take a chance on you as a barback first and let you prove yourself. It's a lower risk for them if you're not actually serving alcohol.

Can You Get a Liquor License with a Felony?

For that matter, can you get a liquor license with a misdemeanor?

Bar ownership is synonymous with a liquor license, so this is the big hurdle standing between people with criminal records and ownership of a bar.

First, you need to know that a criminal record will come up when you apply for a liquor license. It's best that you disclose it up front. The state liquor bureau will almost certainly run a criminal background check, and if you fail to disclose, that's an automatic rejection. After all, you just tried to commit fraud.

Second, you need to know that, as long as you disclose your record on your initial application, a criminal conviction doesn't automatically bar you from eligibility. Liquor boards will consider your individual situation before making a decision.

Usually, they take into account the nature of the crime, the number of convictions, how long ago your last conviction occurred, and whether the conviction was a felony or misdemeanor.

Some states have particular types of convictions that are an automatic no – selling alcohol without a license and serving to a minor are common examples. Some states consider any alcohol-related crime disqualifying. In other cases, any crime of "moral turpitude" may be an obstacle. This includes gambling and drug convictions.

The truth is that liquor licenses are often denied due to a felony record. A misdemeanor is slightly easier to overcome as long as it's not alcohol-related.

How Can Felons Get a Liquor License?

Whether you've been convicted of a felony or a misdemeanor, you can take steps to increase your likelihood of success in obtaining a liquor license.

One is to prove good citizenship for at least five years from the completion of your sentence or parole before attempting to open a bar. Follow all parole or release requirements, get, and stay clean (if applicable), obey the law to the letter, pay your taxes, and become an active voter if the law allows.

Another route is to have a business partner (or partners) with a clean record apply for the license instead of, or in conjunction with, yourself. The validity of the solution will vary based on your state's laws and requirements. Some states require the license holder to be on-premises, which prevents your license holder from being a silent partner. Other states require all business partners to appear on the license.

Another potential solution is to get your record expunged or obtain a pardon. There is typically a waiting period before you're eligible to apply for either.

No matter which route you decide to take, you'll want to start by hiring a lawyer. They'll be able to advise you of your options and likelihood of success. They'll also improve your odds by facilitating the process. Your best chance of getting a liquor license with a felony or a misdemeanor is to have legal representation on your side.

Protect Yourself With Online Alcohol Server Training

Liquor licenses are just one legal hurdle imposed on bar owners by state governments. Requirements for bar licenses and alcohol server training are another. Finally, even in states where training isn't explicitly required, bar owners (and bartenders) may be subject to civil and/or criminal liability if something goes wrong when they serve the wrong person.

Our responsible alcohol server training meets state training requirements in many places, and it arms servers with the skills they need to prevent costly mistakes. If you’re interested in getting a job selling or serving alcohol, head to our website and enroll today!

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