Orange County Alcohol Beverage Compliance Lawyer

Orange County Alcohol Beverage Compliance Attorney

If you own a restaurant, bar, store, or other establishment that serves or sells alcohol, you should have knowledge about California’s alcohol beverage laws. Ensuring you are compliant with these laws can relieve unnecessary stress, save you money, and avoid legal troubles. A skilled Orange County alcohol beverage compliance lawyer may be your first line of defense for helping you navigate California’s complex ABC laws.

At Blake & Ayaz, we are lawyers with thorough experience litigating cases involving ABC laws. We understand sifting through these complex laws can be overwhelming, which is why we take the time to explain them to our clients. Whether you need help obtaining a license or think you may have violated a regulation, we are here to assist you.

California ABC Law Overview

The California Department of Alcoholic Beverage Control governs the laws that regulate alcoholic beverage sales, licenses, and usage. The Alcoholic Beverage Control Act specifies regulations regarding the sales, importation, and manufacturing of alcoholic beverages in California pursuant to California Business and Professions Code section 23000. It also outlines restrictions and liabilities for businesses and organizations that sell or distribute alcohol.

California ABC Law Requirements

If you own a business that sells, manufactures, or imports alcohol, you should have knowledge about the licenses, permits, and requirements involved to avoid legal and financial consequences. While there are numerous requirements to take into consideration, here are some of the most common that you should know and understand:

• Beer and wine licenses. To start, workers who serve alcoholic beverages like beer and wine must undergo Responsible Beverage Service (RBS) training per Assembly Bill 122. Additionally, businesses must obtain a Type 41 license for restaurants and a Type 48 for bars and clubs to lawfully sell these beverages.
• Regulations for special events. You must obtain a special permit to serve alcohol at your special event, such as weddings with cash bars, concerts, festivals, etc. These permits may require you to only serve alcohol in designated areas, require fees, and have time restrictions for when you can submit the form for the permit.
• Off-sale and on-sale liquor. Off-sale liquor is liquor sold for consumption to be used outside of the establishment, such as liquor stores and grocery stores. On-sale liquor is sold for consumption on the premises, as with bars, restaurants, or clubs. Each of these requires separate licenses and has different regulations. In 2021-2022, California distributed 46,262 off-sale licenses and 48,078 on-sale licenses.
• Private clubs. Private clubs must obtain a Type 50-52 license, each having distinct requirements, privileges, and restrictions. For example, food service may not be required to sell alcohol, unlike with other licenses. However, minors may not be allowed on the premises at all.
• Winegrowing. Orange County is home to several wineries that have their own licensing requirements, like other establishments that serve and sell alcoholic beverages. For example, there are rules for the equipment and facilities the winegrower uses as well as laws governing the usage of brandy to fortify the wine.
• Distilled spirits. If you manufacture, sell, or import distilled spirits or liquor, there are regulations distinct from wine and beer. These regulations include the packaging, bottling, and even flavoring of liquor. Distilled spirits must also undergo RBS training.

Other Common Requirements for Alcohol Sales and Manufacturing

Licensing requirements for alcoholic beverages are dense and may require the help of a lawyer to understand. This is especially true since there are about 90 different license types in California. However, there are some requirements that are common amongst the majority of licenses, and they are:

• Off-sale alcoholic beverages must be sold in their original, sealed containers.
• It is unlawful to sell or serve alcohol to anyone under 21 years old.
• There are conditions for minors to be allowed on premises where alcohol is served and sold.
• It is unlawful for both on-sale and off-sale license-holders to serve or sell alcohol between 2 am and 6 am in California.
• Certain signage may be required for alcohol sales.

FAQs

Q: How Much Does an Alcohol Beverage Compliance Lawyer Cost?

A: The cost for an alcohol beverage compliance lawyer varies in Orange County. If you have a complex case, your lawyer may require higher fees. Likewise, more experienced lawyers with high success rates may justify charging higher rates. Firm location also plays a part in lawyer fees. In any case, hiring an ABC lawyer may prove less costly in the long run if you are in need of assistance for an ABC-related case.

Q: Can I Sell Alcohol Without a License in California?

A: No, you cannot sell alcohol without a license in California. Alcohol manufacturing, sales, and importation are heavily regulated in California by the Department of Alcoholic Beverage Control. One of the most important regulations is the requirement for both off-sale and on-sale alcohol establishments to be licensed and undergo specific training.

Q: What Is the Penalty for Selling Alcohol Without a License?

A: There are several different penalties for selling alcohol without a license in California. Most commonly, you could face jail time, pay fines, be required to do community service, and face civil penalties. Several California Business Codes outline laws for alcohol licensing, and violating any of these may come with legal consequences.

Q: What Is the New On-Sale License Law?

A: The new law under Business and Professions Code (BPC) Section 23401.5 extends off-sale privileges to on-sale license holders. For example, on-sale license holders who operate a bona fide public eating place may be able to serve to-go alcoholic beverages under certain conditions. Mainly, they may be able to serve distilled spirits or liquor to-go, if it is in a certain packaged container and has been ordered for pick-up by the consumer.

Contact an Orange County ABC Lawyer Today

California administers dozens of separate alcohol beverage licenses, each with its own laws, restrictions, privileges, and regulations. Therefore, it may prove difficult to internalize each of these laws if you operate a business that serves or sells alcohol. This is where the skilled and knowledgeable lawyers at Blake & Ayaz come in. Contact our office today to learn how we can help you navigate complex laws and remain in compliance.