San Jose Alcohol Beverage Compliance Lawyer

San Jose Alcohol Beverage Compliance Attorney

Staying compliant with ABC laws in San Jose is essential for maintaining permission to serve and sell alcoholic beverages at your place of business. It’s easy to skip over certain requirements when it’s busy. Sometimes, you may think you don’t have time to follow the laws. However, the Department of Alcohol and Beverage Control enforces these laws. Whether you’ve already been cited for non-compliance or not, a San Jose alcohol beverage compliance lawyer can protect your interests.

Hire an Alcohol Beverage Compliance Lawyer Who Understands Alcohol Beverage Compliance Laws

When you hire an alcohol beverage compliance lawyer from Blake & Ayaz, you can feel confident that we have the resources and knowledge to get your business in compliance with the most up-to-date alcohol beverage compliance laws. Our attorneys have a combined 100 years of legal experience in California. Regardless of the size of your legal issues, we have the skills necessary to successfully resolve them.

Alcohol Beverage Compliance Laws

The California Department of Alcoholic Beverage Control enforces the Alcoholic Beverage Control Act. This set of laws regulates the operations of businesses in the state that sell and serve alcohol. There are thousands of ABC permit holders across California.

It is the job of the ABC to make sure all permit holders comply with the requirements and regulations explained in the Alcoholic Beverage Control Act, set forth in the California Business & Professions Code.

Noncompliance With the Alcoholic Beverage Compliance Act

When a business owner is found to be in violation of one or more of the ABC laws, that business is said to be “non-compliant.” This can happen for a number of reasons. Perhaps the business doesn’t understand what it means to be compliant. Maybe the employees refuse to follow regulations. Sometimes, a business owner doesn’t know how to bring their business practices up to standard. In any of these cases, a San Jose alcohol beverage compliance attorney can address the issue.

Below are common regulations that businesses are cited for noncompliance:

• Selling alcohol to minors. It is against ABC regulations to sell or serve alcoholic beverages to patrons under the age of 21.
• Failing to meet mandatory certification for staff training requirements. All managers and servers must undergo certification training for selling and serving alcoholic beverages. This is outlined in ABC Article 25.
• Failing to meet requirements that align with public safety standards. Certain standards presented in the ABC training are meant to prevent the sale of alcoholic beverages to overtly intoxicated patrons. This is for the protection of the public so that intoxicated people don’t endanger innocent civilians.This not only protects the public at the point of sale, but it also holds business owners liable for any harm or injury incurred by an intoxicated patron after they leave the business. In four years, 36% of fatal car accidents in California involved drunk driving, so it’s important for ABC agents to enforce these laws.
• Failing to follow the provisions of local jurisdictions. This involves having the proper permits to hold special events. Businesses must also adhere to signage standards and operate only during the business hours permissible in their licensing allowances. Businesses must adhere to rules regarding the serving of particular types of alcohol, as permitted by their license.

All license holders must comply with periodic inspection requirements, participate in community safety programs, and maintain reporting standards. The ABC regularly performs inspections of permit holders to ensure their compliance with all ABC regulations. When they are found noncompliant, they can be subject to fines, license suspension, or even revocation of their license altogether.

This is why it is imperative that businesses maintain compliance with ABC standards. Furthermore, businesses must meet all requirements. It is not acceptable to pick and choose which standards to uphold. Failure to comply may put your business in danger of an accusation hearing. This would be held at the San Jose district office of the California Department of Alcoholic Beverage Control, located at 224 Airport Parkway, Suite 620.

Checks for Noncompliance

ABC agents, along with local law enforcement agencies, conduct frequent and thorough spot checks for compliance. Sometimes, these checks are done undercover, and business owners don’t even know they are being scrutinized. For example, an undercover agent may be sent into an establishment to see whether staff are checking the IDs of patrons.

If one employee fails to ask for identification before serving the undercover agent, your business will be cited for noncompliance. The repercussions of a citation can be detrimental to your business. If you temporarily lose your permit, you could lose clientele who decide to take their business elsewhere. For businesses that rely heavily on the sale of alcohol, this could potentially result in the loss of your business altogether.

Other checks are done on a business’s keeping of financial records. To make sure a business is keeping proper records of alcohol sales, according to ABC standards, these checks are often done by surprise. If you aren’t in compliance already, there is no time to get your books ready for inspection. Thus, maintaining proper records at all times is essential to passing these inspections and maintaining licensing privileges.

Other noncompliance checks are the result of complaints made to the ABC. Anyone can file a complaint against your business, and all complaints are followed up by a proper investigation. This is just another reason why the requirements of ABC regulations should be taken very seriously. One simple complaint can put your business under the scope of an ABC investigation, during which a number of issues can be revealed. The key is to be prepared.

If you have been cited for noncompliance, a San Jose alcohol beverage compliance lawyer can explain the complicated alcohol beverage compliance laws that govern your business. They can also advocate on your behalf in your alcohol beverage compliance case, working hard to save your license from revocation.

Connect With an Experienced San Jose Alcohol Beverage Compliance Lawyer

If you need assistance getting your business compliant with California ABC standards, or if you have already been found noncompliant, Blake & Ayaz can help you. Our San Jose alcohol beverage compliance attorneys are well-informed of the conditions that California requires your business to meet. We can determine where your business falls short and instruct you on what is needed to meet those requisites.

Contact Blake & Ayaz to schedule a meeting with our attorneys. We have the resources you need to resolve your alcohol beverage compliance case.