California Liquor Licensing Transfers & Acquisitions Lawyer

CALIFORNIA LIQUOR LICENSING, TRANSFERS AND ACQUISITIONS

At Blake & Ayaz, the attorneys have helped hundreds of clients obtain and maintain liquor licenses for their small or large businesses. Our California alcohol beverage control attorneys are up to date on federal, state and city laws, and they can help make sure your business meets the requirements.

Whether you need to maintain a current license, transfer an existing license or acquire a new license, the team is well equipped to handle the task. Call us at 714-667-7171 to speak with knowledgeable Los Angeles liquor licensing attorneys and get the legal support you need.

REPRESENTATION FOR A VARIETY OF LIQUOR LICENSES AND PERMITS

Blake & Ayaz serves businesses, including hotels, bars, management companies, golf courses, fraternal organizations, producers, wholesalers/distributors, importers and retailers, and restaurants. and the experienced attorneys are well known in the ABC industry. They stay current on developments in the law regarding the alcoholic beverage industry so that they can provide the best quality representation to help you achieve or transfer your license.

Common types of licenses and permits:

• Cabaret license
• Entertainment permit
• Liquor license

HOW CAN I GET MY LIQUOR LICENSE?

Blake & Ayaz is the premier law firm in California for retail establishments such as bars, nightclubs, liquor stores, markets, gas stations, restaurants, wholesaler/importers, and all other food and beverage industries. The firm represents first-time entrepreneurs, multi-unit operators, large hotel chains and all other industry people.

The state of California possesses the exclusive right and power to license and regulate the manufacture, sale, purchase, possession and transportation of alcoholic beverages within the state. Understanding the applicable laws and applying them to each facility requesting a license can be a daunting process. Blake & Ayaz has mastered every aspect of the Alcoholic Beverage Control Act and constitutional provisions as outlined by the 14th Amendment that grants the state power to control, restrict and issue alcoholic beverage licenses. The firm handles all retail, wholesale and importers’ liquor license applications. They also represent clients in all matters that arise throughout the lifetime of their liquor licenses, including the resolution of disciplinary matters, the filing of renewal applications, filing the various alterations and change applications that may be required, and the transfer of a license.

Because there is no inherent right for a citizen to engage in the business of selling alcohol, the city will often try and exercise their use of police power to prohibit the use and the manner involving the sale of alcohol. It is common for ABC to assert that a citizen is forbidden from selling alcohol due to public morals, health and safety, and thus, grant unreasonable conditions before issuing a license. Blake & Ayaz skillfully and aggressively contests such conditional uses unreasonably applied to alcoholic beverage licenses.

Transferring A Liquor License

If a business owner sells their business, the ABC license will transfer ownership to the new owner, along with the premises and business. The ABC may add new conditions to the license, though, when it transfers. If these conditions impede the business goals, business owners oftentimes wish to modify these person-to-person transfers. An experienced California ABC hearings and appeals attorney can assist in getting unwanted modifications amended or removed when a liquor license is transferred. Some changes that an attorney can help facilitate include the following:

• Adding new inventory, such as specialty liquors, that your current license doesn’t permit
• Extending hours of operation to stay open and serve alcohol for more hours each day
• Adding entertainment to your offerings to attract more customers
• Adding additional options to your menu for alcoholic beverages, such as larger sizes of containers

While these are all very difficult modifications to get approved in many cases, the potential for such modifications is greatly increased when you have a liquor license attorney representing your case. An attorney with experience in these matters knows how to progress through the system with positive results.

Transfer or Change a License

• Person to Person
  • Transfer of an existing license to a new owner.
• Premises to Premises
  • Transfer of an existing license to a new location.
• Double Transfer
  • A transfer that is person to person AND premises to premises.
• Drop Partner
  • One party is leaving a partnership.
• Stock Transfer
  • Transfer of 50% or more of ownership in a legal entity.
• Fiduciary
  • A self-incorporation transfer between spouses, etc.

Escrow Requirements

If there is any purchase price or consideration in connection with the transfer of a business operated under a retail license, an escrow must be established with some person, corporation, or association not a party to the transfer, before the filing of such transfer with the department (see Sections 24071.1, 24073, 24074, 24074.1, 24074.3, and 24075 of the Alcoholic Beverage Control Act).

The full amount of the purchase price or consideration must be placed in escrow. Escrow agreements must provide for payment only after the transfer of the license is approved by this department. Section 24074.3 requires that the applicant, within 30 days of application, furnish the department a statement, under penalty of perjury, that the purchase price or consideration has been deposited with the escrow holder. The applicant shall also submit a copy to the transferor and a copy to the escrow holder. In this connection, a misrepresentation may be grounds for denial of the license or subsequent revocation of the license if issued.

Consideration includes cash, checks, promissory notes, or other items of value which have been agreed to be paid to the transferor for the license, inventory, fixtures, leasehold interest, realty, good will, covenant not to compete, or other property connected with the licensed business.

Call us at 714-667-7171 for more information or to schedule your consultation today.