Liquor Licensing Enforcement

California Liquor License Enforcement

When you own and run a business that involves alcohol, you have a higher burden of responsibility than other types of organizations. The state wants to ensure that your business practices are as safe as possible. Making sure that your license, fees, and facilities are all up to date helps to make this possible. In addition to the work that each business does, the state also works to enforce the rules and regulations businesses have to follow. If your business has a non-retail license then you will deal with two main types of enforcement.

• Trade Enforcement. California created the Alcoholic Beverage Control Act, or ABC Act, as a way to regulate how alcohol is made, sold, and consumed. This act includes laws and regulations put in place to manage the alcohol industry. The California Department of Alcoholic Beverage Control has a Trade Enforcement Unit, or TEU, that makes sure businesses follow correct practices. If your business is reported for breaking any laws or trade regulations, then the TEU will launch an investigation. Their investigations may include businesses that are owned illegally, products being given away for free, bribery, and more. It’s in your interest to ask the TEU to review any advertising or programming to ensure that it meets the correct standards.
• Not every issue will require an investigation by the TEU. Some businesses have a pattern of small incidents that can build into a major problem. This might include unsafe working practices, selling to minors, or creating a disturbance in their neighborhood. In these situations, an individual can file a complaint against a business that has done something wrong or become a problem. The California Department of Alcoholic Beverage Control will look at any evidence and decide if any discipline is necessary.

When alcohol is handled, distributed, or consumed incorrectly, it can have harmful consequences – these consequences can impact your business, even if you are not at fault. That’s one reason why an attorney is so crucial to have on your side. Any business that plays a part in providing alcohol to the public must follow all laws and guidelines to keep its employees and customers safe.

To that end, California has enacted the ABC Act, which means anyone who sells alcohol can be responsible for the actions of the impaired individual. Any violation of the ABC Act, including having an incorrect or out of date license, could have serious effects on your business. Working with an experienced non-retail licensing attorney can protect your business.

How Licensing Regulations are Enforced

The California Department of Alcohol Beverage Control enforces and upholds the laws that are part of the Alcohol Beverage Control (ABC) Act. This act is a set of laws put in place to protect communities across the state and ensure that alcohol is always provided safely and legally. There are several programs in place that the ABC uses to enforce these laws, including:

• TRACE. This protocol was developed as a way for first responders to identify and report alcohol-related incidents. The Target Responsibility for Alcohol Connected Emergencies (TRACE) requires first responders to notify the California Department of Alcohol Beverage Control if there is any incident involving alcohol and an individual under the age of 21 that caused significant injury or death. They must also report any circumstances where an individual who was intoxicated is charged with vehicular manslaughter, no matter their age.
• Trade Enforcement. There is a specific unit of the ABC, referred to as the Trade Enforcement Unit (TEU), that is responsible for monitoring and correcting unethical or unlawful business practices. This could include bribery, free goods, providing goods that are prohibited, and prohibited ownership. This unit serves as the primary source of interpretation for the ABC and those in the industry.
• Alcohol Policing Partnership. This program is a way for ABC agents to work with law enforcement agencies to find ways to reduce the public nuisance and crime associated with problematic locations that sell alcohol. The two organizations utilize community involvement, prevention, enforcement, and training to achieve their goals.
• Shoulder Tap Program. The goal of this program is to reduce the instances of adults purchasing alcohol for minors. Individuals under the age of 20 work with law enforcement and ABC agents and are posted outside of liquor stores. They attempt to entice adults into purchasing alcohol for them. The adult who purchased the alcohol and gave it to the minor will be arrested if the purchase is completed.
• Minor Decoy Program. This program allows law enforcement agencies to employ individuals who are under the age of 20 as decoys. These individuals will attempt to purchase alcohol while being honest about their age. If they are successful, then the business that sold them alcohol can face serious consequences, including fines and license revocation.
• Problem Locations. In some circumstances, an individual business that sells alcohol is doing so unsafely. When this occurs, citizens can file a complaint against the establishment. This will ensure that the correct enforcement body is aware of the problem and can step in when necessary.