What Is the California Alcoholic Beverage Control Act?

What is the California Alcoholic Beverage Control Act? The California Department of Alcoholic Beverage Control has the power to regulate the importation, manufacture, and sale of alcoholic beverages in the state. The act provides the basis for the liability of licensees for establishments and employees. You may need to speak with a California alcohol beverage compliance attorney for help regarding state compliance under this act.

Liability

The Department of Alcohol Beverage Control (ABC) has the power to take disciplinary action against establishments for any violations of the laws, rules, or regulations under the California Alcohol Beverage Control Act. Discipline can be in the form of fines, license suspensions, imposition of conditions on the license, forced sale of license, or revocation of license.

Owners, managers, servers, and other employees could be held criminally liable for selling alcoholic beverages to minors or intoxicated persons. If caught, they could face significant fines, arrest, and even prison time. California takes these actions very seriously, and it is important for businesses to educate their employees on the consequences of selling alcohol.

It is also very important to maintain proper judgment when serving alcohol. For example, assume a customer goes to a bar and has several drinks. At the end of the night, they decide to drive home, obviously intoxicated above the legal limit. If they get into a car accident and injure themselves or somebody else, the bar establishment could be held responsible.

Licensing

The ABC can issue licenses for the selling of beer and wine, as well as conditional use permits for private events. They can also revoke these licenses if deemed necessary. Applicants must demonstrate that the state liquor license will serve public necessity or convenience. The department conducts background checks on all applicants and will likely decline to issue a license if there is a criminal background.

When applying for a license or the transfer of a license, the ABC will notify the local government. This notice could be posted at the place of establishment or in the local media. This allows anybody wishing to contest the permitting of the license an opportunity to do so. The city council, county board of supervisors, or any other government entity has a limited amount of time to notify the ABC if they wish to contest the permit.

The reason for contesting the permit must be provided along with any evidence backing up their issue. The ABC also imposes limitations on the number of licenses allowed within each locale throughout the state.

History of the ABC

Prior to 1955, the Alcoholic Beverage Commission, an extension of California’s Board of Equalization at the time, oversaw state liquor laws. The ABC became its own independent department in 1955 and continually grew in size and scope. Currently headquartered in Sacramento, with two district offices in northern and southern California, it has over twenty offices located in the state.

FAQs

Q: What Does the California Department of Alcoholic Beverage Control Do?

A: The California Department of Alcoholic Beverage Control is responsible for regulating the sale, manufacture, and importation of alcohol in the state. They also control the licensing and operation of alcohol retailers. Other responsibilities include enforcing laws and providing education and public safety.

They can revoke, suspend, or deny alcohol licenses if they have good cause. They will also investigate alcohol-related injuries and incidents. The department’s functions can be broken down into three main categories: administration, compliance, and inspection.

Q: Is It Against the Law to Sell Alcoholic Drinks Without an ABC License in California?

A: Yes, it is against the law to sell alcoholic drinks without an ABC license in California. If you are an individual or business caught doing this, you could be arrested or ordered to appear in court. Criminal charges can and likely will be brought against you by the local prosecution.

If convicted, you could face penalties such as jail time, probation, and criminal fines. Selling alcohol without a license is a very serious crime in California, and local governments are cracking down on it.

Q: What Is the Alcohol Law in California?

A: There are several alcohol laws in California. The drinking age is 21 years old. Similar to the other states in the US, individuals are not permitted to purchase or consume alcohol before the age of 21. Businesses that serve or sell alcohol must have an identification checking system to verify customers’ ages.

Drinking underage is a crime in California punishable by fines and suspensions. It is also illegal to drive while under the influence. The blood alcohol concentration limit is 0.08% in California.

Q: Do All Employees of an Alcohol Establishment Need to Be ABC Certified?

A: Yes, all employees of an alcohol establishment need to be ABC certified in California if they serve alcohol. This includes servers, managers, owners, and anyone else employed under the establishment. Employees must complete the three-step certification process.

To become certified, you must register with the California Alcohol Beverage Control (ABC), pay the fee, take the required training, and pass the exam. There is a limited amount of time employees have to take the training after being hired, so it is better to act promptly.

Q: How Can an Alcohol Beverage Compliance Attorney Help Me?

A: An alcohol beverage compliance attorney can help in many ways. California state laws can be very detailed and demanding on establishments. The law can be confusing at times and unique circumstances may arise. If you operate a business in California, you understand the challenges of not only the business operations but also the legal compliance required.

It is vital that you understand these regulations and remain compliant. An attorney can help you better understand ABC laws and how to follow them.

A Legal Team That Can Help

The legal team at Blake & Ayaz is an experienced team that has helped California businesses and residents for over 100 years. We have developed a thorough understanding of the business and regulatory challenges that people face in California. With our legal support, you can rest assured that you are getting quality legal support. Contact us today at our office in Santa Ana to speak with a member of our team.