California Frequently Asked Questions

Alcoholic Beverage Control

• How long does it normally take for the issuance or transfer of an alcoholic beverage license?
• When must alcoholic beverage licenses be renewed?
• Does the Act require alcoholic beverages to be “Fair Traded”?
• If my application is protested, how long will it take for me to open my business ?
• What are some grounds for protest or denial?
• Does ABC conduct an investigation of license applications?
• Is there a limit on the number of off-sale beer and wine licenses that may be issued in cities or counties?
• How long does it normally take for the issuance or transfer of a license?
• What organizations are eligible for a Club License & Are such clubs restricted to On-Sale privileges
• Where may alcoholic beverages be stored when there is no room for them on the licensed premises?
• What beverages may the holder of an On-Sale license sell for consumption off the licensed premises?
• How long can the licensed premises be closed before the licensee must surrender possession?
• In case of death/incompetency to act as a sole licensee, who may exercise the privileges?
• May a licensee lease out the food concession?
• When must a Liquor License be renewed & may ABC deny the renewal of an existing Liquor License?
• What is meant by a “Public Premises”?
• May an Off-Sale licensee hire minors or use a person under 18 for the sale of alcoholic beverages
• May an on-sale licensee stack drinks or sell and serve drinks a few minutes before 2 am
• If my application is protested, how long will it take for me to open my business ?
• What is documentary evidence of age and identity in California?
• In-home Wine Parties
• Military Personnel bringing alcoholic beverages into California.
• May temporary licenses be obtained for picnics and social events?
• Police and ABC Minor Decoy Requirements
• Department of Alcoholic Beverage Control Minor Decoy Program
• What records are retail licensees required to keep?
• May a wholesaler or manufacturer give a retailer a sign?
• Is a wholesaler or manufacturer permitted to have any interest in an on-sale license?
• May retail licensees give samples of alcoholic beverages?
• What is the Clerk’s Affidavit and the warning sign relating to underage sales and purchases?
• Are local authorities empowered to enforce the Act?
• What is the goal of ABC’s disciplinary procedures?
• May any person protest the issuance of a license?
• Can a license be transferred from one person to another person without making an application to ABC?
• What is an alcoholic beverage license?
• How was ABC created?
• What is a Type 20 Off-Sale Beer & Wine Liquor License?
• What are some grounds for protestor denial?
• Are retail licensees required to give sales invoices with liquor sold?
• How must spigot markers for draught beer be placed?
• Are the restrictions placed upon wholesaler-retailer relations commonly referred to as Tied-House restrictions?
• Under what circumstances may wholesalers give samples of the alcoholic beverages they distribute to retail licensees?
• Must a manager of an on-sale licensed business have the same qualifications required of a licensee?
• May local law enforcement agencies use minor decoys to buy alcoholic beverages from licensed premises?
• What consequences does a licensee face for violating the Act or Rules?
• Does the filing of the application for transfer accomplish the transfer of the license?
• What is the organizational structure of ABC?
• What is a Type 21 Off-Sale General Liquor License?
• How long does it normally take for the issuance or transfer of a license?
• What is Type 41 On-Sale Beer and Wine for a Bona Fide Public Eating Place Liquor License?
• Are licensees, other than retailers, required to keep records for departmental review?
• What other requirements are there on maintaining signs?
• Is it permissible for any type of retail licensee to have any ownership interest in the business, property or license of a wholesaler or manufacturer?
• Is a retailer permitted to sell alcoholic beverages which have been given as samples?
• Is a licensee responsible for illegal acts of bartenders or other employees?
• Does ABC have a staff of employees whose duty it is to enforce the Act? How are they identified?
• How does the disciplinary process begin?
• Must a protest from a city council or board of supervisors or local public official state a legal ground for denying an application?
• What is a “bona fide public eating place”?
• What is revocation? Can I get my license back?
• What are the powers of ABC?
• May a retail licensee rent space to a wholesaler for the placing or painting of signs or window displays on or in retailer’s premises?
• Can credit tokens be given to persons purchasing alcoholic beverages, highball glasses, etc.?
• May a licensee employ hosts, hostesses and entertainers, or permit any person, to solicit others to buy them drinks?
• May the licensee refuse an ABC investigator permission to examine the licensee’s books and records pertaining to the licensed business?
• How are investigations conducted, and by whom?
• When may a protest be made?
• Pending transfer of the license, may the intended transferee operate the licensed business?
• May a person who holds a license for a bona fide public eating place lease out the food concession?
• What is a Type 47 On-Sale General for a Bona Fide Public Eating Place Liquor License?
• May a retailer accept any payment from a wholesaler for setting up an advertising display or performing a distribution service in connection with distilled spirits?
• If a retailer buys 100 cases of beer from a wholesaler, may any be given free?
• What should a licensee know about ABC investigators and local law enforcement officers?
• What happens after the investigation?
• If a valid protest is made to the issuance of a license, will a hearing be held and, if so, where?
• When the lease on the licensed premises is terminated and the premises must be vacated, what is required of the licensee?
• What is meant by “public premises”?
• What is a Type 48 On-Sale General Public Premises Liquor License?
• If my application is protested, how long will it take for me to open my business ?
• What is consignment sale?
• May an on-sale licensee place peanuts, popcorn and pretzels upon counters or tables for patrons?
• What are Retail Operating Standards?
• Who may make an accusation against a licensee?
• What steps are required for the issuance or transfer of an alcoholic beverage license?
• What beverages may the holder of an on-sale license sell for consumption off the licensed premises in original, sealed containers?
• Are consignment sales lawful under the Act?
• Are there restrictions that apply to the sale of adult videos and adult magazines?
• What is meant by a “verified” accusation?
• Does ABC notify local officials of the license application?
• Can any person obtain an alcoholic beverage license?
• Does ABC conduct an investigation of license applications?
• Is it lawful for a retail licensee to accept advertising specialties from wholesalers or manufacturers?
• Is there any requirement with regard to interior lighting of retail premises?
• What are the legal grounds for an accusation?
• When is a duplicate license required?
• When may a manufacturer or wholesaler make deliveries of alcoholic beverages to retail licensees?
• What is a disorderly house?
• If an accusation is filed against a licensee, what rights does the licensee have?
• What are the responsibilities of a license applicant?
• When a license certificate is lost or destroyed, how may the licensee obtain a replacement?
• May retailers who hold the same type license agree to group purchase distilled spirits and wine (pool buying) from a wholesaler or rectifier?
• Is a licensee responsible for correcting nuisance conditions on or about the licensed premises?
• May a licensee pay a fine in lieu of serving a license suspension?
• In case of death or incompetency to act as a sole licensee, who may exercise the privileges of the license?
• May ABC deny the renewal of an existing license?
• If a licensee violates the Pure Food and Drug Laws (Health and Safety Code), may his license be suspended or revoked?
• What is the ABC penalty for selling an alcoholic beverage to a minor or permitting a minor to consume an alcoholic beverage in an on-sale premises?
• Does the law prohibit pledging the transfer of a license as security for a loan or as security for the fulfillment of any agreement?
• When must licenses be renewed?
• May a retail licensee import alcoholic beverages from outside the State?
• How long can the licensed premises be closed before the licensee must surrender possession of the license?
• How soon does the license have to be put in use?
• May any person other than a licensed importer bring alcoholic beverages into this State?
• May an applicant have some assurance of the issuance of a license before construction of the premises to be licensed is begun or completed?
• May temporary licenses be obtained for picnics and social events?
• With regard to purchase, consumption or possession of alcoholic beverages, what is the age of majority?
• Must a corporation licensed by ABC report ownership changes to ABC?
• Where may alcoholic beverages be stored when there is no room for them on the licensed premises?
• What is the penalty for a person who furnishes alcohol to a minor?
• Must a limited partnership licensed by ABC report ownership changes to ABC?
• How many feet must licensed premises be from a church, a school, or residences?
• Would the licensee be in violation of the Alcoholic Beverage Control Act for selling an alcoholic beverage to a person under 21 who appeared to be twenty-one years of age or older?
• Must a limited liability company licensed by ABC report ownership changes to ABC?
• May certain conditions be placed upon the exercise of a license?
• Is there anything a licensee or an employee may do to prevent selling to minors?
• What is meant by license “Limitation” ?
• Is there a limit on the number of off-sale beer and wine licenses that may be issued in cities or counties?
• What is documentary evidence of age and identity?
• What other defense is available to a licensee accused of selling to minors?
• What organizations are eligible for a club license?
• May a minor be arrested for purchasing, consuming or possessing alcoholic beverages?
• Are such clubs restricted to on-sale privileges?
• Is there any law against minors attempting to purchase alcoholic beverages?
• May minors be employed in “on-sale” premises?
• May a minor enter and remain in a licensed premises even though the minor does not purchase or consume any alcoholic beverages?
• May an off-sale licensee hire minors or use the services of a person under 18 years of age for the sale of alcoholic beverages?
• May a habitual drunkard or an obviously intoxicated person be sold alcoholic beverages?
• How may a licensee determine whether a customer is obviously intoxicated?
• Is a retail licensee required to close the doors of the licensed premises and not serve alcoholic beverages during the hours that an election is being held?
• What are the lawful hours for retail sale of alcoholic beverages?
• At what time must a licensee cease sales of alcoholic beverages when the time changes from standard time to daylight savings time and vice versa?
• May an on-sale licensee stack drinks or sell and serve drinks a few minutes before 2 a.m. and permit patrons to remain on the premises consuming alcoholic beverages after that hour?
• May a retail licensee sell alcoholic beverages to another retailer for resale?
• May a licensee sell beer in unlabeled cans or bottles?
• Does the customer who requests an alcoholic drink by brand name have any assurance that the brand ordered will be served?
• May any person have on a licensed premises any alcoholic beverage other than the type authorized by the license?
• May wine be placed in decanting bottles by an on-sale licensee?
• May partially consumed wine bottles be removed from an on-sale licensed premises?
• Is the refilling of a distilled spirits bottle unlawful?
• May empty distilled spirits bottles be sold by an on-sale general licensee or his employees?
• Is there any law prohibiting the use of open pouring spouts?
• Must keg beer sold to consumers be registered?
• Are there any special restrictions for licensees who sell both alcoholic beverages and gasoline?