A friend of mine has a wine license to import, sale and distribute imported wine from Argentina. Now, we want to explore the alternative to sell the wine directly to the customers on internet, only to customers living in the State of Florida. Is this possible? What kind of license do we need? We need to open another corp?
Answer From Expert Roger Bohmrich MW
I will give you a general answer that should not be considered as legal advice, since it is vital that you should consult an attorney licensed in Florida for guidance on such matters.
First, it is not clear if your friend's company holds a Florida wholesale (distribution) license.
In general, few states permit an entity that has a Federal import permit and state wholesale license to engage as well in sales to the consumer (that includes the Internet), which requires a separate retail license in most states (including Florida to my knowledge).
In other words, a firm can be either an importer/wholesaler or a retailer, but not both, in all but a few states.
As to opening a separate company with the intention to acquire a retail license, you should bear in mind that the same individuals or shareholders cannot normally hold an interest in entities licensed at both the wholesale and retail tiers in the U.S.
To confirm these general points and insure your course of action is in compliance with applicable laws and regulations, you should obtain advice from a lawyer with knowledge of beverage alcohol laws in Florida before proceeding.
