Frequently Asked Questions
These are ABC's most frequently asked questions about:
Q. 98. What is the Clerk's Affidavit and
the warning sign relating to underage sales and purchases?
A. The law requires all persons who sell alcoholic beverages in
off-sale licensed premises to read, understand and sign a summary of certain
alcohol laws. The document is known as a Clerk's Affidavit. The law also
requires off-sale licensees to post a sign in their stores warning customers
about the laws relating to underage sales and purchases and their penalties.
ABC provides a suggested format for the Clerk's Affidavit and the sign in
its Form ABC-299 entitled, Clerk's Affidavit and Sign, available from any
ABC District Office. (Section 25658.4)
Q. 99. Must a manager of an on-sale licensed
business have the same qualifications required of a licensee?
A. Yes. The qualifications of the manager must be investigated
by ABC. Anyone to whom a licensee delegates discretionary power to organize,
direct, carry on, or control operations of the licensed business is presumed
to be the manager of the business.
Any on-sale licensee who employs a manager shall pay an application fee
of $100 and instruct the proposed manager to submit an application for qualification
as manager. (Section 23788.5, Rules 57.5 and 57.6)
Q. 100. Is a licensee responsible for illegal
acts of bartenders or other employees?
A. Yes. A license may be suspended or revoked if an employee violates
the Act or Rules. Whether or not the employee and licensee are also guilty
of a crime depends on the facts in each case. (Section 24200[b])
Q. 101. May a licensee employ hosts, hostesses
and entertainers, or permit any person, to solicit others to buy them drinks?
A. No. Such persons may not be employed for the purpose of procuring
or encouraging the sale of alcoholic beverages or other drinks. It is unlawful
to pay or agree to pay such an employee a percentage of the receipts from
sales of alcoholic beverages or other drinks solicited or made by such employee.
(Sections 24200.5, 25657 and Rule 143)