Orange County ABC Violations Attorney

Orange County ABC Violations Lawyer

Whether you own a restaurant, bar, or other establishment that serves or sells alcohol, you must adhere to a range of alcohol beverage compliance regulations. California has strict laws regarding how alcohol is consumed, sold, served, manufactured, and imported, and violating any of these laws comes with serious consequences. Having an Orange County ABC violations attorney may be necessary to avoid legal and monetary penalties.

Violating ABC laws in California may be easier than you think. Many clients who believe they are in compliance have made one mistake that has cost them time, money, and risked their licensing privileges. Fortunately, at Blake & Ayaz, we are equipped to help you remain in compliance with ABC laws, and if you are in violation, we can help with your case. With our experience, skills, and knowledge, we can craft an effective accusation defense that may help you achieve positive outcomes.

California ABC Law Overview

The rules, restrictions, and regulations for alcoholic beverages in California are governed by the California Department of Alcoholic Beverage Control. This department houses the Alcoholic Beverage Control Act (ABC), which outlines regulations regarding the sales, imports, manufacturing, and serving of alcohol pursuant to Business and Professions Codes 23000-25762. Moreover, it also includes the penalties and liabilities for violations.

Common ABC Regulations

California issues about 90 alcohol licenses. There are specific licenses for beer, wine, distilled spirits, selling alcohol at venues, private parties, bona fide public eating spaces, and more. Additionally, there are several different on-sale licenses, which are licenses for alcohol sold on the premises, and off-sale licenses, or alcohol for off-premise consumption. California distributed 46,262 off-sale licenses and 48,078 on-sale licenses in 2021-2022 alone.

While each of these licenses has different regulations, there are certain requirements that apply to the majority of these licenses. They include:

• Laws that require license holders to complete Responsible Beverage Service training
• Laws that prohibit the sale of alcohol to minors under 21
• Laws that prohibit employing minors to sell alcohol
• Laws that prohibit selling alcohol to intoxicated individuals
• Laws that prohibit alcohol sales between 2 am and 6 am
• Laws that regulate sealing and container types for off-sale alcohol
• Laws that require specific signage for alcohol sales
• Laws that apply to bona fide public eating spaces

Hiring a lawyer to help you understand the laws regarding your specific situation is highly recommended. This is because the laws are nuanced, and while one law may apply to beer sales, a separate law may apply to wine or distilled spirits sales. Likewise, the laws for private venues are different from those for public venues.

Alcohol Service and Sales Liabilities

Serving alcohol at any establishment is a privilege and should be undertaken with great care and consideration. Even if you are compliant under licensing laws, you may still be held liable or responsible if one of your employees or patrons takes an action that incurs damage or injuries because of alcohol intoxication.

Specifically, you can face criminal, civil, and/or administrative penalties. Criminal penalties could include jail time and fines, civil penalties may involve monetary damages, and administrative penalties may include license suspension, revocation, and fines.

Alcohol Beverage Violation Penalties

In addition to potentially being liable for harm caused by the sale of alcohol, you may also face penalties for violating ABC regulations and restrictions. Specifically, some common violations include:

• Selling or possessing alcohol without a license. This is a misdemeanor punishable by up to six months in prison and paying fines of around $1,000.
• Replacing alcohol with a different brand. This a misdemeanor punishable by up to six months in prison, and paying fines of around $1,000
• Selling to minors. This comes with a 15-day license suspension, and subsequent violations may lead to license revocation.
• Selling to or clearing intoxicated patrons. This carries a 15-day license suspension.
• A bartender working while intoxicated. This carries a 30-day license suspension.

These are just some of the penalties you could face if you violate California’s ABC laws. Your lawyer may be able to help you circumvent some of the harsher penalties as well as equip you with the knowledge necessary to avoid violating the regulations to begin with.

FAQs

Q: What Is a Common ABC Violation?

A: There are many ABC violations listed under California Business and Professions Codes, starting with Section 23000. However, some of the most common violations involve selling or serving alcohol without a license, serving alcohol to minors, violating laws regarding bona fide public eating spaces, substituting alcohol, or serving alcohol to already intoxicated individuals.

Q: Who Governs ABC Regulations in California?

A: In the state of California, rules and regulations regarding the selling, manufacturing, importing, and serving of alcohol are governed by the California Department of Alcoholic Beverage Control. This department not only sets regulations, restrictions, and privileges surrounding alcoholic beverages, but it also dictates the consequences for violating these regulations.

Q: How Much Does an Alcohol Beverage Violation Lawyer Cost?

A: The cost of an alcohol beverage violation lawyer varies in California. The cost of a lawyer typically hinges on factors such as firm location, case complexity, and the experience of your lawyer. Firms in areas with a higher cost of living may be more expensive, which may also be true for more experienced lawyers and more complex cases. However, generally, clients discover that the cost of their lawyer pales in comparison to facing license revocation, fines, or jail time.

Q: What Can Happen if I Violate an ABC Law?

A: If you violate an ABC law, you could face a variety of consequences and penalties. As an alcohol license holder, you are not only responsible for upholding the regulations for your specific license, but you also may be liable for the actions of patrons and employees that cause harm due to alcohol consumption. Generally, you may face administrative, civil, and criminal penalties, ranging from license suspension to paying fines to serving jail time.

An Alcohol Beverage Violation Lawyer You Can Trust

At Blake & Ayaz, you can trust us to help you navigate California’s ABC laws. If you unintentionally violate any of these laws, you have rights and deserve those rights to be protected. Do not hesitate to contact us for a consultation to learn how our knowledge, skills, and experience can serve you.