When someone applies for a liquor license and the application is protested by the community, what recourse does the applicant have while he or she waits for the ABC hearing and any appeals? After all, ABC’s investigation of a protested application and waiting for the hearing can take six months or longer. This can create financial hardships for some.
For example, I recently read an editorial at Santa Ynez Valley Times online about the Chumash Casino, owned by the Santa Ynez Band of Mission Indians. The casino has had a full liquor license since 2005 and has applied for another one for other areas of their property. The editorial writer didn’t understand why, after the tribe’s liquor license application was protested, the ABC “issued an expanded license with no public notice.”
Well, the ABC issued Interim Retail Permits.
Since 1993, the law allows ABC to issue an Interim Retail Permit to an applicant when an application has been protested and ABC has determined, based upon its investigation, that the license should be issued. An Interim Retail Permit is good for 120 days and may be extended. Unlike the permanent liquor license application, an Interim Retail Pemit does not require a public notice.
ABC cancels any Interim Retail Permit when a final decision is made regarding the protests or when the application is withdrawn. Any conditions for which the applicant has petitioned apply to any Interim Retail Permit. The protest hearing will typically be held within 60 days of the ABC investigator submitting his/her report to ABC HQ in Sacramento.
Any questions as to the status of a licensing investigation can be directed to the local ABC district office. ABC’s final decision as to whether the license should be issued may be appealed up to the State Supreme Court.
Al,
Yes, the “brew on premises” or “brew/ferment yourself” concept is legal in California, and no license is required. However the following apply: (a) Individuals must be 21 or older, (b) Individuals can only brew up to 100 gallons per calendar year (or 200 gallons per year per household). Note: This is the same limit, contained in Section 23356.2 of the Business and Professions Code, which applies to people who manufacture beer/wine at home. This limit applies no matter where the beer is manufactured. (c) No sales of the beer are allowed, and no other license privileges may be exercised. For example, no selling to consumers, wholesalers, or retailers, or donating beer to a non-profit organization for fundraising. Also, no quantity of distilled spirits can be produced without a license. Lauren
Copyright 2012 Liquor License Advisor
Lauren,
I have not been able to find any information regarding Brew on Premises licensing or regulations. It is a business where people come to make their own beer but they use the business’ equipment, supplies, and expertise. There are several operating in CA so I know it must be legal. What type of license would I need to have? Thanks for your help!
Todd,
A Type 58 is a Caterer’s Permit, which allows a licensee to cater alcoholic beverages. It is not a stand-alone license. It goes along with another liquor license such as a Type 47 or 48. A liquor license belongs to the person to whom it was issued. In this case, the lessee. I’m not sure what you went through helping your lessee get his license. Normally, all the work falls on the license applicant and not the landlord. However, if the city required a Conditional Use Permit for the tenant to sell alcohol, then that’s another story and there can be “hoops” that landlords must go through. (Conditional Use Permits, unlike a liquor license, stay with the property where issued.) That being said, if you now want to run the bar, you will need to (a) have your lessee transfer his license to you (this requires you applying to the ABC and your lessee’s signature); or (b) buying a license from a private party and transferring it to your premises. Thank you for your question. Lauren
Lauren, my family owns a building which we rent to a bar. They are giving up there lease and have a 58 permit. Is that a liquor license and does it stay with the property owners or the lessee? If it stays with the lessee, why did we have to go through hoops to get them a license 12 years ago and how do we, (property owners) transfer it to us?
Jon,
Sorry for the delay in responding. Yes, a license can be changed into a different ownership after issuance. Many people add or drop business partners, form corporations, etc., and never notify the Department of Alcoholic Beverage Control. This is considered an ABC violation and is grounds for suspension or revocation of the license. So, when a licensee decides to change the ownership structure, he/she must apply to the ABC to transfer the license into the new entity’s name(s).
To file an application for transfer of an existing ABC license, follow these steps:
1. Go to the forms section of the ABC’s website
For forming a partnership, under Step 1, select “person to person.” Under Step 2, select “partnership.” This will bring up a list of forms and documents needed to file the application. Fill out these forms and call the district office for an appointment and fee information.
For forming a corporation, under Step 1, select “Self incorporation.” Under Step 2, select “corporation.” This will bring up the forms and documents needed to file the application. Fill out the forms and call the district office for an appointment and fee information.
You can also file your application by mail. After you submit your application, you will have to post your premises with the big sign, “Notice of Intention to Engage in the Sale of Alcoholic Beverages” for 30 days for public notification and publish a notice of the change in the newspaper. Even though the premises are currently licensed, you must notify the public of the ownership change. The average wait time for license issuance is about 90 days.
Good luck! Lauren
If an individual applies and gets a type 47 license then wants to form a corporation or partnership after the fact can that be done?