California Liquor Licensing Lawyer

CALIFORNIA LIQUOR LICENSING ATTORNEY

The liquor license application process in the state of California can be complex and time-consuming. It requires applicants to comply with a long list of regulations, guidelines, and procedures established by the California Department of Alcoholic Beverage Control (ABC) and other state and local authorities. A California liquor licensing application lawyer can provide a business operator with guidance and support throughout the application process, helping clients avoid many of the common pitfalls associated with seeking a liquor license and ensuring compliance with all applicable laws and regulations.

The liquor license application process in California can vary from business to business and jurisdiction to jurisdiction, but it generally involves the following steps:

1. Identify the type of license needed: California offers a range of licenses for the sale and distribution of alcoholic beverages, including licenses for restaurants, bars, wineries, and breweries.
2. Prepare and submit the application: Applicants must apply for a liquor license to the ABC, along with paying filing fees and providing supporting documentation.
3. Complying with the background check: The ABC conducts a background check on all applicants as a matter of compliance with state and federal regulations.
4. Participating in the public notice period: The ABC must give public notice of all liquor license applications, allowing members of the public to offer relevant comments or object to the application.
5. Working with inspectors and regulators: ABC may conduct one or more inspections of the business to ensure compliance with all applicable laws and regulations.
6. Getting your license: Once the application is approved, the applicant will receive their permit allowing the sale and distribution of alcoholic beverages.

Some of the most important regulatory factors to keep in mind when entering into the liquor license application process in California will include:

• Compliance with all state and federal laws regarding the sale and distribution of alcoholic beverages, such as those related to responsible alcohol service and the prevention of underage drinking.
• Compliance with all zoning and land use regulations related to the operation of your business, which may vary from city to city.
• Compliance with all financial and tax obligations related to the sale and distribution of alcoholic beverages.
• Proper record keeping and reporting of all alcohol sales and distribution activities in compliance with state and federal laws.

Attempting to undergo the license application process alone can be time-consuming, labor-intensive, and overwhelming. Enlisting the help of a liquor licensing application attorney in California can provide a range of benefits for applicants, including:

1. Knowledge of the law: A liquor licensing application attorney can provide advice based on their knowledge of complex and ever-changing liquor laws in California, ensuring that your application is completed accurately and in compliance with all applicable regulations.
2. Expedited process: An experienced attorney can help expedite the application process, potentially streamlining parts of the process and reducing the time between application and approval.
3. Public notice objections: A liquor licensing application attorney can help address any objections or comments that arise during the critical public notice period. Smooth handling of these issues can be key to avoiding delays—or even denials—of your application.
4. Appeals: If the application is denied, a liquor licensing application attorney can help you efficiently begin the appeal process, potentially increasing the chances of reversing the initial decision and reaching a successful outcome.

How To Apply For A Liquor License In California

The process of obtaining a liquor license in California is a long one. It has many complex steps and potential outcomes. If you don’t have an attorney to assist you in navigating these steps, consider the advantages of having someone who knows the system working with you to expedite your application. If an outside party files a protest against your application to obtain a liquor license, you’ll have a hearing, which can be optimized with a license defense attorney supporting your case. There are many routes you may take to get your license approved, depending on how much resistance your application is met with in terms of protests, zoning issues, and other opposing factors you may be faced with. The potential steps for applying for a California liquor license are below.

• Pre-Application – To begin the process of applying for a liquor license, as the applicant, you must visit your closest ABC District Office. There, you will meet with a member of the ABC staff, who will interview you to determine what type of license you need to apply for. If zoning approval, escrow, or a certified copy of a Notice of Intended Transfer from the County Recorder is necessary, you will be notified at this time and given the proper form needed to submit your application for licensure. You will also learn about the fees you will be expected to pay.
• File the Application at Your Local Office – Your application must be submitted in person. When you file your application, you will be shown a video that outlines the laws of the ABC, and fees will be collected. In some cases, a temporary permit may be issued.
• Notification of Local Officials – A notice and application will be sent to the local police or sheriff’s department, the city council or board of supervisors, and the city planning department or the district attorney. If any of these governing bodies has a concern, they can impose or request restrictions or file a protest. Restrictions or protests may occur if there are concerns of public nuisance, crime, zoning, or too many licenses already in the area. The discerning body will notify the ABC of any disputes within 90 days. Otherwise, the ABC will grant or deny the license at its discretion.
• Investigation – A thorough investigation will be held to ensure that:
  • All the information provided on the application is accurate.
  • The applicant is 21 years old.
  • They have no relevant police record.
  • They do not have a chronic alcohol use disorder.
  • They are the true owner of the premises.

An analysis of the premises will also be done regarding proximity to schools, hospitals, churches, youth facilities, playgrounds, and residences, as well as zoning and other factors that would prevent licensure.

Restrictive conditions may be added to a license that may cause protesters to withdraw their protest and allow the license to pass the system. Restrictions can include conditions as to the type of entertainment the business can offer, the hours that alcohol can be sold, and other limitations. Protests must be filed within 30 days.

• Responsibilities of the Applicant – As the applicant for a liquor license, you must post a Public Notice of Application for 30 days on the premises where the license will be held. You must also provide information for the ABC investigation as needed.
• Division Office Review – The Division Office will review your application if it is protested or recommended by the Division Office for denial.
• Final Review – A final review will be conducted by headquarters and could be delayed if there are any missing documents, unpaid fees, escrow liens, or if the premises is still under construction.
• Schedule a Hearing – In some cases, there may have been valid protests filed against a liquor license application and no agreement has been reached to resolve them. If so, or if an application has been denied by ABC, the applicant will need to request a hearing. This hearing will be scheduled within 60 days.
• Administrative Hearing – An administrative law judge (ALJ) will preside over a public hearing. Both the applicant and the protestant may have an attorney represent them at the hearing. This is highly recommended, especially if the application is controversial.
• ALJ Proposes a Decision – The ALJ must prepare a recommendation to the ABC Director within 30 days.
• ABC Director Action – The director will accept or reject the proposed decision. Rejected applicants will be notified within 30 days.
• Appeal to the ABC Appeals Board – The applicant or the protestant can appeal the decision to the three-member, governor-appointed ABC Appeals Board within 40 days.
• ABC Appeals Board Decision – The Board will review all the information from the administrative hearing and read/hear any written or oral arguments. However, they will not accept any new evidence. The Board will then make a decision within 120 days.
• Appeal to District Court of Appeal – The applicant or any protestant must appeal to the California District Court of Appeals (DCA) within 30 days of the decision from the Board.
• District Court of Appeal’s Decision – The DCA reviews the case and makes a decision. The ABC is represented by the Attorney General before the Supreme Court, and there is no required timeframe for the Supreme Court to make its decision.
• California Supreme Court Decision – The decision to deny the application or issue the license will be definitively made.

How Long Does It Take to Get a Liquor License?

The time that the full process can take depends on how many steps must be taken to get an application accepted. It can take anywhere from 55 days to 175 days or more. These times can potentially be shortened when you have an attorney represent you. They can help you achieve deadlines, complete forms, and gather the information required for your application in a timely manner. Below is a summary of the timeframe you can expect your application to take for the different types of hearings and appeals.

• Non-Protested Application – 55-65 days (includes the 30-day public posting period)
• Protested Application With Withdrawn Protests Following Negotiations – 95 days
• Protested Application – Up to 175 days or indefinitely, contingent on the final review and time required to make a decision and close the case.

HOW HARD IS IT TO GET A LIQUOR LICENSE IN CA?

Getting a liquor license in California can be a challenging and complex process. However, the level of difficulty can vary depending on several factors, such as the type of license sought, the location of the business, compliance with the process, and the quality of your legal counsel.

The California Department of Alcoholic Beverage Control (ABC) is responsible for administering the licensing and permitting process for the sale and distribution of alcoholic beverages in the State of California. They have strict regulations in place to ensure responsible alcohol service and prevent criminal violations, such as the sale of alcohol to minors.

One of the challenges in obtaining a liquor license in California is the extensive background check process. The ABC conducts a thorough investigation into the applicant’s criminal history, financial stability, and other factors to ensure that the applicant is suitable for a license. This can be time-consuming and may result in delays or denials if any issues arise during the investigation.

Another challenge is the public notice period. During this state-mandated period, members of the public can submit comments or objections to your application, which can delay the process or even derail it completely. Enlisting the help of an experienced liquor licensing application attorney to help you effectively address any objections submitted during the public notice period can be a cost-effective way to make it through this part of the process.

The difficulty level in obtaining a liquor license from case to case can also depend on the location of the business. Local rules vary from municipality to municipality, and a limited number of licenses may be available. Market saturation, or areas with a higher concentration of alcohol-serving establishments, can make it more challenging to obtain a license.

With careful preparation, compliance with all applicable laws and regulations, a great business plan, and the guidance of a knowledgeable liquor licensing application attorney, you increase your chances of obtaining the necessary license to ensure success as a retailer or service industry operator in one of California’s competitive and lucrative markets.

HOW LONG DOES IT TAKE TO GET A LIQUOR LICENSE IN CA?

The timeline for obtaining a liquor license in California can vary depending on several factors, including:

• The type of license needed.
• The location of the business (i.e., navigating any local government or zoning issues)
• The completeness of the initial application
• Issues that arise during the background check or public comment period
• Other factors, such as local market conditions at the time of application

The California Department of Alcoholic Beverage Control has several steps in its licensing and permitting process to sell and distribute alcoholic beverages. This means obtaining a liquor license in California can take a few months to over a year.

Enlisting the help of a quality liquor licensing attorney from Blake & Ayaz of Santa Ana can help expedite the process and get your permits as efficiently as possible. Our attorneys will help ensure that your application and paperwork are complete and fully compliant, reducing the need for amendments, re-applications, or time-consuming requests for additional information from the ABC or local government.

Additionally, a knowledgeable attorney will help you navigate the all-important public notice period and address any objections or comments submitted by public members, which can lead to delays or denials of an application.

HOW MUCH DOES IT COST TO GET A LIQUOR LICENSE IN CA?

The exact cost of obtaining a liquor license in California will vary depending on several factors, such as the type of license, local government fees, and the additional filing and attorney fees associated with the application process.

The cost of the license itself will vary depending on the type of license requested. For example, a Type 20 off-sale beer and wine license allowing for the sale of beer and wine for consumption off the premises, has a fee of $520, while a Type 47 license, which allows for the sale of beer, wine, and spirits for on-site consumption, has a fee of $13,800.

Next, several additional fees will be associated with subsequent steps of the application process, such as fingerprinting fees during your background check, any relevant local government fees, and fees related to complying with the public notice period. These fees could represent several hundreds of dollars or more in additional costs.

There are indirect costs associated with obtaining a liquor license, such as attorney and document preparation fees. This investment is important, however, as hiring a qualified liquor licensing attorney can help ensure that your application is complete and compliant.

The total cost of obtaining a liquor license in California can reach tens of thousands of dollars for some operations, but this will depend on many factors. It is important to consider all associated costs carefully and consult with a knowledgeable liquor licensing attorney at every step of the application process.

WHO GRANTS LIQUOR LICENSES IN CA?

The California Department of Alcoholic Beverage Control (ABC) is the government body responsible for granting liquor licenses in California. The ABC is also responsible for enforcing the laws and regulations related to the sale and distribution of alcoholic beverages.

Experienced California liquor licensing attorneys, such as those with the Santa Ana firm of Blake & Ayaz, typically have a great working relationship with the ABC and local courts. They are familiar with the application process and have experience working with ABC and other relevant agencies, ensuring that your application is fully compliant and processed smoothly, increasing your chances of approval.

APPLYING FOR A LIQUOR LICENSE IN CA? BLAKE & AYAZ CAN HELP

Your liquor license is one of the keys to your business model—don’t leave it up to chance. Working with a knowledgeable and experienced liquor licensing attorney can make all the difference if you need a liquor license in California. Our team at Blake & Ayaz has years of success working with the California Department of Alcoholic Beverage Control, and we are familiar with the local rules and regulations of various jurisdictions throughout the state. Contact us today to schedule a consultation with one of our experienced liquor licensing attorneys.