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Common Questions About E-Cigarettes

If you’re a business owner considering an e-cigarette permit in Dallas, TX, then it’s only natural to have questions about this popular new way to enjoy nicotine.

With all the regulatory and permitting statutes that impact small business owners, however, you may be unsure about the tax implications of getting in on the e-cigarette act. Not to worry—here’s a quick blow-by-blow of the vital information.

What are e-cigarettes?

An e-cigarette isn’t really a cigarette in the traditional sense—rather, it’s a streamlined personal vaporizer. A small cartridge containing a specialized liquid, called an e-liquid, is inserted into the vaporizer. The vaporizer, in turn, heats the e-liquid until it turns into steam. Once converted, the vapor is then inhaled by the user.

While not all e-liquids contain nicotine, the vast majority do.

Can e-cigarettes help someone stop smoking?

The reports are mixed on this one, but some experts have recommended e-cigarettes as a temporary aid to curb the use of traditional tobacco. That said, nicotine used in any form is still an addictive substance. As a result, some have suggested that those who use e-cigarettes to stop smoking may find themselves hooked on e-cigarettes instead.

Are e-cigarettes harmful?

Initial reports indicated that e-cigarette smoke is much less harmful than tobacco smoke. However, new studies suggest that the chemicals in e-liquid may prove detrimental on their own.

Are e-cigarettes subject to the same tax as tobacco?

No. Because e-cigarettes don’t contain tobacco, they’re not subject to the same extensive taxation that currently applies to traditional cigarettes, which are essentially taxed twice: once on receipt of the cigarettes and once on the first sale.

What about e-cigarettes that contain nicotine?

Even if e-cigarette cartridges contain nicotine, they’re still not subject to the same tobacco tax that applies to rolled cigarettes. Though nicotine is a substance that originates from tobacco, it isn’t technically considered tobacco in the same way as a traditional cigarette.

Does sales tax apply to e-cigarettes?

As with every other legal good sold in the state of Texas, e-cigarettes are subject to what’s known as the state’s sales and use tax, which is a surcharge attached to the sale of individual products.

Your permitting ally

When you decide the time is right to secure an e-cigarette permit in Dallas, TX, LaBarba Permit Service is the team you can count on. For over half a century, our family owned and operated business has helped business owners throughout the state deal with mounting regulatory and permitting concerns.

Since we opened our doors in 1965, we’ve greeted every customer with a passion and commitment that sets us apart from the crowd. We do it all—alcohol licenses and permits, ATF registration, dance hall licenses, certificates of occupancy, late-hours licenses, health permits and so much more. If you need a dedicated team of permitting pros, you’ve come to the right place.

It’s time to cut through the red tape. Come to LaBarba Permit Service today and let us focus on the paperwork so you can focus on your business.

Can an Individual Obtain a Liquor License?

So, you’re about to open a new bar or restaurant in the booming Dallas area? Unless you’re shooting for the world’s most wholesome restaurant, the odds are good that you’ll want to get a liquor license. After all, most Texans like to wash down a good meal or rehydrate after some dancing with a nice, cold drink.

Of course, as an up-and-coming entrepreneur, you may wonder if it’s even possible to obtain an individual liquor license in Dallas, TX.

The short answer

The quick and easy response is, “yes.” In a lot of states, liquor licenses aren’t handed out to a specific business—they’re given to the people who operate said business. In other words, it’s possible to say that every liquor license is an individual liquor license. Of course, the issue is much more complicated than this simple explanation suggests.

What type of liquor license would you like?

If you’re just hoping to sell beer and wine, you might find obtaining a liquor license much easier than pursuing a license that allows you to sell the full array of hard liquors.

Do you have a criminal background?

If you have a criminal history that includes violent crime or any kind of felony, then you most likely will not be issued an individual liquor license in Dallas, TX.

Building codes may cause an issue

If you’re specifically seeking a lease in your name, then you should pay attention to the building codes of your location. In some cases, if the name of your business appears on the building’s lease (rather than your name), then the name that appears on your liquor license will not be yours, but that of your business.

Where is the license coming from?

The vast majority of states acknowledge the personal nature of a liquor license to such an extent that they’ll allow the transfer of a license from one person to another. If a business is closing, for example, the owner may be able to transfer their license to a new business.

Cutting red tape for 50 years and counting

When you’re in the market for an individual liquor license in Dallas, TX and the surrounding area, the easiest way to secure the right documentation is to pay a visit to LaBarba Permit Service. When Joe and Billy Faye LaBarba opened the doors of LaBarba Permit Service in 1965, they had one goal in mind: to ease the regulatory burden of small business owners across the state of Texas.

Today, that proud tradition is carried on by the LaBarba sisters and their team of regulatory experts. Need a lottery, cigarette or dance hall license? Want to register with the Texas Alcoholic Beverage Commission? Searching for health and zoning permits? We can fulfill all those needs and so many more. For half a century, we’ve built a strong reputation for customer service and exemplary work.

When you need a first-rate team of experts to cut through the red tape for your next project, visit LaBarba Permit Service. We look forward to hearing from you!

Texas Introduces Brand-New “Beer to Go” Legislation

Fans of craft beer and local breweries rejoice: as of September 1, you’ll finally be able to purchase cases of your favorite craft beer at brewery taprooms, and even order beer and wine for delivery. This is thanks to a pair of laws passed earlier this year by the Texas state legislature, which reverse some long-outdated liquor laws associated with the system of beer and liquor licenses in Texas.

There has been a big beer-to-go movement for some time in Texas. Fans of craft brewing and business owners in the craft brewing industry say it will improve business and tourism throughout the state, and give local brewers more of a chance to show off what they’re capable of doing. People who visit breweries will be able to take beer home with them to share with someone else from out of town, and word can continue to spread about what they’re making.

The Texas liquor system

There are three primary tiers to beer sales in Texas. You have the manufacturers (breweries) that make the product, the distributors who deliver it to the retailers and the retailers who sell it to customers. Under the old law, breweries were not allowed to directly sell their beer, because they were required to have a distributor.

According to craft breweries, this hampered their ability to generate sales because it added what would be, for the smaller breweries, an unnecessary cost. Beer distributors, meanwhile, were often opposed to the new beer-to-go laws, saying that it could disrupt the beer market in the state and that there should be a clear separation of the three tiers of beer sales to prevent one tier from having control over the activities of the others.

Finally, though, the brewers and distributors were able to reach an agreement to give brewers more of an ability to sell their own beers. This was in part due to all the negative publicity focused on the distributors, according to the president of the Beer Alliance of Texas.

The compromise that the two sides reached allows breweries to sell a very limited amount of beer per customer per brewery. Representatives from the Texas Craft Brewers Guild said craft beer enthusiasts from both within and outside of the state played a major role in getting the law changed, thanks to the tremendous demand for beer to go.

Considering the craft beer boom that Texas is going through, this is great news for all the small, local breweries that have popped up in the state in recent years. In a microcosm of what’s happening around the country right now, the number of craft breweries in the state has gone from 59 to 283 in the last eight years alone.

If you’re interested in learning more about liquor laws in the state of Texas and what you need to do to secure a beer and liquor license in Texas for your business, we encourage you to contact LaBarba Permit Service today. We’d be happy to answer any questions and explain how we can assist you in the process.

An Overview of Texas Senate Bill 21

Texas recently joined several other states in forbidding the use by or sale of all tobacco products to anyone under the age of 21, with exceptions existing for people actively serving in the military.

The new legislation became official when Governor Greg Abbott signed the bill, Senate Bill 21, into law in June. The previous legal age had been 18, which is what it remains in most states in the country. Perhaps the most noteworthy aspect of the law is that it includes a ban until the age of 21 on e-cigarettes and vaping products, which have become particularly popular among teenagers.

The hope is that in enforcing this ban, the state can save some lives and do more to prevent young people from establishing a habit that could turn addictive and deadly. Now, any business with a tobacco permit in Texas must be sure to adhere to the new legislation.

About the ban

An eye-opening report from the United States surgeon general indicates approximately 90 percent of smokers began smoking by the age of 18. The habit is, of course, deadly—an estimated 1,200 people die as a result of tobacco addiction every single day. This number only accounts for about half the number of teens and young adults who begin smoking every day.

Furthermore, the report indicates the number of people who begin smoking after the age of 25 is negligible at best. This makes it even more important to stamp out the habit at a younger age, as the younger a person is when they begin using tobacco, the more likely it is that they will develop an addiction that can be very difficult to break.

There are hundreds of cities that have already established similar bans. In Beverly Hills, California, tobacco sales are now banned for everyone, no matter their age. Other states that have raised the minimum age to 21 include Arkansas, California, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Jersey, Oregon, Utah, Vermont, Virginia and Washington.

It is e-cigarettes and vaping products that many blame for a recent resurgence in tobacco use among high school aged students. Tobacco use had been on a steady decline, but the rise in vaping caused a 38 percent increase in tobacco use among minors between 2017 and 2018. These products rapidly became the most commonly used tobacco product among teenagers, easily passing cigarettes, cigars and other forms of tobacco. They are attractive because of the wide variety of flavors in which they’re available, which can make them easier to get into than cigarettes, and because there is a perception that they aren’t as “dangerous” or “unhealthy” as other forms of tobacco, which simply is not true.

Even Juul, the largest manufacturer of e-cigarette products, recently gave its support to laws pushing the age for tobacco to 21.

For more information about Senate Bill 21 and how it affects businesses with a tobacco permit in Texas, we encourage you to reach out to the team at LaBarba Permit Service today.

Why Is a Liquor License So Important?

If you’re starting a business in Texas, you’re likely thinking about the wide range of permits and zoning requirements that you’ll have to obtain. Depending on the type of business that you’re starting, however, you may also need to purchase a liquor license in Dallas, TX for your enterprise.

The Texas Alcoholic Beverage Commission (TABC) regulates the sale and distribution of alcoholic beverages in the Lone Star State.

Whether you’re hoping to sell and serve liquor onsite or are simply hoping to sell liquor as a retail function, you’ll have to obtain a license through your county’s branch of the TABC. This often requires significant legal expertise and a familiarity with the inner workings of the TABC. Working with a qualified permit service is usually the best way to go about accomplishing this.

Types of Licenses

Before applying for a liquor license in Dallas, TX, it’s important to first familiarize yourself with the different types of licenses available, and ensure that you’re applying for the correct type of license. Here are the most common types of liquor licenses that you’re likely to encounter:

  • Restaurant license: If your establishment will primarily sell food, but you also want to offer a menu of spirit-based drinks, as well as beers and wine, you can apply for a restaurant liquor license. This will allow you to sell any alcohol, so long as food makes up the larger volume of your sales.
  • Beer and wine license: For businesses that plan to offer beer and wine sales, but nothing that’s spirit-based, you can use a beer and wine license. These licenses are often easier and more cost-effective to obtain, because they restrict the type of alcohol that you’re allowed to sell.
  • Tavern liquor license: If you sell both alcohol and food, but the bulk of your sales volume comes from liquor sales, you’ll need to obtain a tavern license. This is similar to a restaurant license, but may require some extra levels of compliance.
  • Server license: Some jurisdictions may require individual servers to also have liquor licenses, as well as licenses issued to the establishment itself. It’s important to make sure that you never have anyone under the age of 21 handling alcohol, as this could jeopardize your permit status.

Once you apply for a liquor license, you’ll have to prepare your establishment for an inspection performed by your local TABC branch. It’s best to prepare for your inspection as early as possible. It may be worthwhile to hire a permit service to come and look through your restaurant or retail space prior to the inspection to ensure that everything is in line with state and local standards.

LaBarba Permit Service is a trusted expert helping businesses of all sizes obtain liquor licenses in Dallas, TX. We work with companies to help them maintain state compliance and secure the permits necessary to do business. To learn more about ways that we can help you cut through the red tape and maintain your TABC compliance, reach out to one of our friendly, knowledgeable representatives here at LaBarba Permit Service today.

LaBarba Permit Service: Cutting Red Tape Since 1965℠