Permits, Trademarks and Liquor Licenses

Transfers of regulated permits, such as liquor licenses, should be dealt with early on as they can often take more time (due to the pace of a government agency) than the Purchase and Sale Agreement allows for closing.

Trademarks may be assigned, as between the parties, through a simple instrument. However, if the mark is registered (or in the application process) at the USPTO, it must be transferred on USPTO records and on USPTO forms.

The sale of alcohol is governed by the Massachusetts Alcoholic Beverage Control Commission under G. L. c. 138. Applications for liquor licenses follow a three-step process. First, the license is granted by the local licensing authority. Second, the local licensing authority sends the application to the ABCC for approval. Third, only after approval from the ABCC, the license is issued by the local licensing authority upon payment of the license fee. The license fee is determined by, and paid to, the local licensing authority.

An application must be filed to obtain approval from both the local licensing authority and ABCC for an original/new license; transfer of license; transfer of issuance or stock; pledge of license or stock; new officers/directors; alteration of premises; change of stockholders, location, license type, corporate name, d/b/a/, manager, or hours.