San Jose ABC Violations Attorney

San Jose ABC Violations Lawyer

If your business has received a notice for an ABC violation, it could be detrimental to your operations. You need a capable San Jose ABC violations attorney to protect your business and get it up to standards. If you’re worried about losing your business, take action to correct your business practices and make them compliant with the Alcohol Beverage Control Act.

Hire an ABC Violations Attorney to Combat Your ABC Violation

Blake & Ayaz is an established law firm that represents businesses that have received a violation notice from the California Department of Alcoholic Beverage Control for noncompliance with state alcohol and beverage laws. We have a combined 100 years of experience with successful legal representation. Our attentive approach to our clients and our aggressive accusation defense give us an advantage in the cases we take. If you need legal assistance with your ABC violation case, we have the resources to provide it.

ABC Violation Penalties

Agents at the California Department of Alcoholic Beverage Control comprehensively enforce the rules and regulations imposed on ABC license holders. Spot checks, inspections, undercover checks, and complaint investigations are all common tactics that ABC agents use to ensure compliance. When a business is discovered to be violating an ABC rule, serious consequences can ensue. Some potential ABC violation penalties are listed below:

• Selling to minors leads to a 15-day license suspension for a first offense violation for selling or serving alcoholic beverages to minors; a second offense occurring within 36 months will result in a 25-day license suspension. A third offense will result in a license revocation.
• Selling to obviously intoxicated patrons will result in a 15-day license suspension for a first offense, a 25-day suspension for a second offense within three years, and a 45-day suspension for a third offense within three years. This is intended to combat problems like drunk driving, which led to 36% of fatal car accidents in a four-year period.
• A bartender or licensee being intoxicated on the premises will result in a 30-day suspension.
• Failure to permit an inspection of premises or records by ABC agents will garner a 30-day license suspension.
• Employment of minors yields a 10-day suspension.

These ABC violation penalties may not seem too harsh, but for a business that thrives on the profits from alcohol sales, even 10 or 15 days can be detrimental to its success. In many cases, once the customers go elsewhere, they don’t always return when ABC privileges are restored. It is ideal to maintain ABC compliance to avoid lulls in business.

What’s even more worrisome is that many ABC violations are also criminal acts. Getting an ABC violation can lead to criminal charges.

Selling to Minors

One of the biggest missions of the California Department of Alcoholic Beverage Control is to combat underage drinking. Two programs, specifically, have significantly decreased the number of arrests over the years since they were implemented. Both programs, the Shoulder Tap and the Minor Decoy programs, involve getting minors, under the direction of law enforcement, to help identify businesses that contribute to or allow minor consumption.

If you’ve been targeted by ABC agents, you need to contact a San Jose ABC violations attorney immediately.

How Can a San Jose ABC Violations Lawyer Help?

If you received a violation notice from the ABC department, it’s a good idea to hire an ABC violations attorney to handle your ABC violation case. A good attorney can analyze any evidence against you and challenge its validity if possible. An experienced attorney understands the ABC Act. They can also advise you on correcting your practices so that you meet compliance requirements.

Maintaining training certification and presenting mitigating factors to show how the licensee is proactive in correcting the violations can help. When an attorney has positive evidence to present, they also have leverage for negotiations that may ultimately save your business.

When Do You Need a Lawyer?

Any business owner who has an ABC permit would benefit from having a San Jose ABC violations lawyer, as they can make sure they are in compliance with license requirements. For businesses that have any of the following circumstances that are listed below, hiring a San Jose ABC violations attorney should be strongly considered. Some instances when it is necessary to have legal assistance are:

• You’ve been served with a Notice of Violation.
• You’ve been cited for selling alcohol to minors.
• Your business was visited by ABC agents.
• You are at risk of a license suspension.
• You are facing a formal accusation.

The sooner you consult a San Jose ABC attorney, the better your chances are of avoiding severe penalties and saving your business.

ABC Accusation Defense

If you are facing an accusation by the California Department of Alcoholic Beverage Control, you must go through a formal process. The first step involves an investigation. Once a violation is found, you will receive a notice of accusation or violation. You then have the opportunity to respond to the notice. Contacting a San Jose ABC violations lawyer at this point is ideal.

The next step is an administrative hearing, for which an attorney can be a significant asset to your ABC violation case. This is followed by a negotiation or settlement phase, the final decision, and a potential appeal when necessary. Hearings take place at the California Department of Alcoholic Beverage Control’s San Jose office, located at 224 Airport Parkway, Suite 620.

Your attorney can review your case and develop an effective defense for your situation. They can use a combination of strategic planning, evidence, and legal knowledge to build a solid argument that can save your ABC permit. Your defense may involve the following:

• Video footage from surveillance tapes
• Documentation of employee training
• Proof of compliance
• ABC agent cross-examination
• Challenging ABC evidence
• Challenging ABC investigatory procedural steps

It is in your interest to connect with a reputable ABC violations attorney. They can potentially reduce penalties, and they might even prevent a suspension or revocation of your license. An attorney can also show you how to avoid any future violations as well by maintaining compliance. Your legal representative can protect your business’s reputation, thereby preserving your operations and clientele as much as possible.

Connect With a Reputable San Jose ABC Violations Lawyer

If you are facing an ABC accusation from the California Department of Alcoholic Beverage Control, connect with a qualified and experienced San Jose ABC violations attorney at Blake & Ayaz. We are well-equipped to assist you and get your business up to California ABC standards. Contact our office to schedule a meeting.