ABC FAQs

ALCOHOL BEVERAGE COMPLIANCE FAQ

There are many state and federal laws that you must comply with when buying and selling alcohol. It can be easy to make mistakes. A knowledgeable California alcohol beverage control attorney is imperative in these cases. The lawyers at Blake & Ayaz understand all the rules and regulations put into place throughout California as well as nationwide.

We are here to answer any questions you may have. Below are some common questions as well as solutions. Contact our office in Santa Ana today at 714-667-7171 to set up a consultation.

EXPERIENCE IN ALL ASPECTS OF ALCOHOL BEVERAGE COMPLIANCE

Q: WHAT IS AN ALCOHOLIC BEVERAGE LICENSE?

A: An alcoholic beverage license is a permit allowing you to sell alcohol. It may be revoked at any time. ABC can refuse to issue a license to a person who has a criminal record or has violated the terms of their license in the past.

Q: CAN I PROTEST THE ISSUANCE OF A LICENSE?

A: Yes, any person can protest the issuance of a license. It may take place at any time within 30 days of the first date of posting a notice that the business will sell alcohol, the first date of posting a notice of ownership change or the date of mailing the notice of the application to residents within 500 feet.

Q: IF MY APPLICATION IS PROTESTED, HOW LONG UNTIL I CAN OPEN MY BUSINESS?

A: A protested application can take up to 95 days depending on the circumstance. You may petition for a permit in the interim.

Q: CAN LOCAL LAW ENFORCEMENT USE MINORS TO BUY ALCOHOL?

A: Yes. The decoy must be under 20 years old, appear to be under 21 years old and carry his or her I.D. showing the correct date of birth, or no I.D. at all.

Q: WHAT IS THE PENALTY FOR SUPPLYING LIQUOR TO A MINOR?

A: There is a minimum fine of $1,000 as well as 24 hours of community service. You could also face possible jail time.

Q: WHAT IS THE PURPOSE OF ABC?

A: The ABC has the power to license and regulate the manufacture and importation of alcohol. It can also deny, suspend or revoke any license. They are here to enforce all laws and ensure the safety of both sellers and buyers.

WHY CHOOSE BLAKE & AYAZ?

If you are a business owner facing any type of legal matter involving your business in the alcohol industry, seek legal counsel from an experienced California alcohol compliance lawyer as soon as possible. The attorneys at Blake & Ayaz have more than 100 years of combined experience handling complex business litigation for clients throughout California. We understand the unique challenges facing business owners in the heavily regulated alcohol sales industry.

We can assist with a variety of legal processes for alcohol distributors and retailers, ensuring they meet all regulatory requirements so their operations can proceed unimpeded by legal red tape. Full compliance is also necessary to avoid legal issues like fines and forced closures for the California Department of Alcoholic Beverage Control (ABC) violations. If your winery, distillery, brewery, or alcohol retail store has encountered any legal matter, contact our firm. We offer responsive legal representation and do everything we can to ensure the future of your business.

WHY DO I NEED A CALIFORNIA ALCOHOL COMPLIANCE ATTORNEY?

Every business in every industry must meet certain requirements set forth by government oversight agencies, both at the state and federal levels. If you want to continue running a legitimate business in California, you must meet all the regulatory requirements your business model entails. Due to the sensitive and potentially dangerous nature of alcohol, California, and every other state in the US, heavily regulates the manufacturing, labeling, trademarking, distribution, sale, and consumption of alcohol. Navigating the legal implications of alcohol sales in California can be incredibly challenging, especially for those with no formal legal training or experience.

Hiring a California alcohol compliance attorney means having a legal advocate for your business who can help you navigate these complex issues swiftly, allowing you to focus on running your business with peace of mind. Without the help of an attorney, a seemingly simple legal issue with your business could escalate into an expensive liability. Whenever the business you have built is at stake in a legal matter, legal representation from a California alcohol compliance attorney, you can trust is crucial.

WHAT CAN CALIFORNIA ALCOHOL COMPLIANCE ATTORNEYS DO FOR ME?

It can be very difficult to manage a legal matter with your business while also trying to run that business. It’s also common to feel overwhelmed by the amount of regulatory red tape you must address just to get any type of alcohol retail business up and running. As your California alcohol compliance lawyers, the team at Blake & Ayaz can help your business in the alcohol consumer sales industry stay compliant and profitable with various legal services, including:

• ABC Permits. Your alcohol retail business must have appropriate licensing from the California ABC. We can help you make more sense of the permit application process, determining which permits your business needs and the most streamlined method for obtaining them.
• Formulas. If you manufacture alcohol in the state of California, our team can help you legally protect the beverage formulas you have worked so hard to develop and refine. This protection of your intellectual property is a long-term investment in the competitiveness and profitability of your business. We can also help to ensure your formulas meet beverage regulations set forth by the Food and Drug Administration as well as alcohol content laws at the federal and state levels.
• Labeling. The FDA and other regulating authorities have strict labeling requirements for alcoholic beverages. Your business must ensure complete and accurate labeling for all alcoholic beverage products so your products can legally remain on store shelves.
• Trademarks. Building a business with a product line of alcoholic beverages requires creating a brand for the business. If you do not want another party profiting off the work you have put into your company, establish your trademark with the US Patent and Trademark Office. This process is notoriously complex, and we can provide legal guidance as you navigate trademark applications for your products.
• Advertising. Various laws regulate how businesses may promote alcoholic product brands. We can review your marketing materials and strategy to ensure it complies with federal, state, and local laws so you can legally establish a legitimate brand for your business.
• State ABC disputes. If your business has been cited as being in violation of California ABC laws, our firm can provide representation as you navigate the proceedings to follow. We will do our best to minimize the penalties of any alleged violations and streamline your return to normal business operations.