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[RPPTL LandTen] Liquor License Foreclosure by Landlord

AP
Anne Pollack
Tue, Feb 5, 2013 4:36 PM

Two questions for all the LL/T minds to pontificate on:

While a liquor license is considered intangible, and cannot be obtained
through enforcement of a landlord's lien, if the tenant granted a
security interest in the license in its lease with the landlord (and
that security interest is properly perfected), can the landlord
separately enforce that security interest in a foreclosure action?

Assuming the answer to the above question is yes, if a properly
perfected liquor license security interest is enforced through
foreclosure, is the only option a sale at public auction with the
proceeds going to the landlord [pursuant to 561.65(6), FS]?  In other
words, is there a way for the landlord to get the license so it can
transfer it to a new tenant at the same space? Or then are we just back
to the landlord's lien, which excepts liquor licenses.

Thanks to all!

Anne Q. Pollack, Esq.
Shareholder

Mechanik Nuccio Hearne & Wester, P.A.
305 S. Boulevard | Tampa FL 33606
Phone: (813) 276-1920 | Fax: (813) 276-1560
aqp@floridalandlaw.com mailto:aqp@floridalandlaw.com

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P  think before you print

Two questions for all the LL/T minds to pontificate on: While a liquor license is considered intangible, and cannot be obtained through enforcement of a landlord's lien, if the tenant granted a security interest in the license in its lease with the landlord (and that security interest is properly perfected), can the landlord separately enforce that security interest in a foreclosure action? Assuming the answer to the above question is yes, if a properly perfected liquor license security interest is enforced through foreclosure, is the only option a sale at public auction with the proceeds going to the landlord [pursuant to 561.65(6), FS]? In other words, is there a way for the landlord to get the license so it can transfer it to a new tenant at the same space? Or then are we just back to the landlord's lien, which excepts liquor licenses. Thanks to all! Anne Q. Pollack, Esq. Shareholder Mechanik Nuccio Hearne & Wester, P.A. 305 S. Boulevard | Tampa FL 33606 Phone: (813) 276-1920 | Fax: (813) 276-1560 aqp@floridalandlaw.com <mailto:aqp@floridalandlaw.com> Statement Required by U.S. Treasury Department: To the extent this message contains tax advice, the U.S. Treasury Department requires us to inform you that any advice in this email is not intended or written by our firm to be used, and cannot be used by any taxpayer, for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. Advice from our firm relating to Federal tax matters may not be used in promoting, marketing or recommending any entity, investment plan or arrangement to any taxpayer. This electronic mail contains information which may be considered Attorney-Client Work Product and/or otherwise protected from disclosure to anyone other than its intended recipient(s). Any dissemination or use of this electronic email by persons other than the intended recipient(s) is strictly prohibited. If you received this message in error, please notify the sender immediately by reply email so that we may correct our internal records. Please then delete the original message. Thank you. P think before you print