[RPPTL LandTen] Liquor License Foreclosure by Landlord

[Anne Pollack]

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 at floridalandlaw.com <mailto:aqp at floridalandlaw.com> 

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P  think before you print

 

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