IMPROVE YOUR PROFITS
IT MAY BE TIME TO GET RID OF ONEROUS ABC LICENSE CONDITIONS
Since 1999, many ABC licenses had conditions imposed at the request of local police departments. For markets, these conditions frequently forced them to close earlier, and they restricted the sale of certain alcoholic beverage products such as single beers, or larger beer containers such as 40 oz. bottles and smaller sizes of liquor. For restaurants, a requirement to close earlier and to generate 50% of revenues from the sale of food became normal restrictions. In every case, these restrictions reduced revenues.
Recently, Rick Warren, an attorney specializing in ABC law, succeeded in challenging the legal authority for the ABC to impose new conditions at the time a license was being transferred to a new owner, but otherwise the business was continuing in the same location. This is known as a person-to-person transfer. In a decision accepted by the ABC, the Administrative Law Judge ruled that the law used by the ABC since 1999 to impose such conditions did not apply to person-to-person transfers.
As a result of this victory by Mr. Warren, if you obtained your license in a person-to-person transfer and it was burdened with new conditions as part of the transfer, now may be the time to get rid of those conditions. To make sure you qualify for this remedy, you should review your ABC document that states the conditions on your license (called a "Petition for Conditional License"), and check the "Whereas" clauses to see if they refer to "Business & Professions Code Section 23800(e)." If you find a reference to that statute, you may qualify to petition the ABC to delete those conditions imposed under that statute. NOTE: this relief does not apply to conditions that were already on the ABC license from the time of its original issuance at the present location. This relief applies only to conditions added at the time of a person-to-person transfer.
Because removal of these conditions may require an ABC hearing, you should consult with an attorney knowledgeable about ABC law to assist you. Mr. Warren is ready to advise whether you qualify for relief from these conditions on your ABC license and to act on your behalf to get rid of them and improve your profitability.
If you would like Mr. Warren's assistance, please send him a copy of your current ABC conditions by fax to 510-217-4393 or email. Make sure to provide your name and telephone number so he can call you back. He will advise you at no charge if you qualify to request that the ABC delete conditions from your ABC license.
We assist clients throughout the state of California with all California liquor licensing issues. If English is not your first language, we can make sure that language is not a barrier to protecting your rights.
Call our toll free number, 866-614-4502, or contact us online to schedule a free initial consultation with a lawyer. We will walk you through the process - from A to B to C.