Frequently Asked Questions
These are ABC's most frequently asked questions about:
A. A license issued under the Act is a permit to do that which would otherwise be unlawful. A license is not a right, but is a privilege, which can be suspended or revoked by administrative action because of violation of the Act or departmental rule. (Sections 23300 and 23355)
A. Licensed premises that are maintained in good faith and used for the regular service of meals to patrons. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. (Sections 23038 and 23787)
A. Yes. Upon notification to ABC, such a licensee may sublet the sale and service of meals. The licensee shall continue to be responsible for any violations caused or permitted by the food lessee on the licensed premises. The licensee shall not sublet to a person who does not have the qualifications of a 1icensee. (Section 23787 and Rules 57.7 and 57.8)
A. No person under 21 years of age is allowed on public premises.
A. ABC may refuse to issue a license to any person who has violated the ACT, has a disqualifying criminal record, or is otherwise disqualified.
A. An on-sale general licensee who maintains on his/her licensed premises more than one room in which a fixed counter or service bar is regularly maintained and at which distilled spirits are served to the public must apply for a duplicate license and pay a full annual fee for each such license. A duplicate license is not transferable by itself. (Sections 24042 and 24042.5)
A. Application must be made to ABC for a replacement license, and a fee of $5.50 paid for each one. (Section 24047)
A. Yes, if the licensee has not paid an annual license fee. Otherwise, every license now in effect (other than temporary retail permits and special daily licenses) is renewable unless such license has been revoked after hearing on an accusation. (Section 24048)
A. It is the responsibility of the licensee to renew his license whether
or not he has received a renewal notice from ABC.
A. Any license must be in use within 30 days of the date of issuance, unless approval is received from ABC for premises under construction. (Section 24040)
A. ABC may issue a special daily license at $25 per day for either beer or wine, or at $50 per day for both, to a group conducting a picnic, social, or similar gathering, or a daily on-sale general license authorizing the sale of distilled spirits, wine and beer for $25 per day to qualified non-profit organizations. (Sections 24045 and 24045.1 and Rules 59 and 59.5)
A. Tax-paid beer and wine may be stored anywhere. Distilled spirits may be stored in a licensed public warehouse, or petition may be made to ABC for approval of a private warehouse. this private warehouse must be located in the same county as the licensed premises. ABC's approval is necessary before placing the distilled spirits in storage in a private warehouse. (Section 23106 and Rule 76)
A. The law says ABC may deny any retail license located (a) within the
immediate vicinity of churches and hospitals, or (b) within at least 600
feet of schools, public playgrounds and nonprofit youth facilities. Generally,
ABC will deny a license in the above situations when there is evidence that
normal operation of the licensed premises will be contrary to public welfare
and morals. Mere proximity by itself is not sufficient to deny the license.
A. Yes. ABC, at the request of the applicant or licensee, may restrict
the hours of sale, advertising, entertainment, or any condition that appears
to alleviate objections to the premises operation. Such conditions have
been imposed restricting licensed operations in the vicinity of churches,
schools, and residential areas. Also, conditions relating to the personal
qualifications of the applicant or licensee may be endorsed upon the license.
(Sections 23800-23805 and Rules 61.3-61.4)
A. Since 1939 the number of certain retail licenses has been limited. At present, the ratio is one on-sale general license for each 2,000 persons in the county in which the premises are situated and one off-sale general license for each 2,500 persons.
A. The number of off-sale beer and wine licenses is limited to one for each 2,500 people in a city or county, and the number of beer and wine licenses that can be issued in a city or county in combination with off-sale general licenses in limited to one for each 1,250 people. (Section 23817.5)
A. Types of clubs such as golf, swimming, tennis, press, yachting, rod and gun, riding, bar associations, airlines club, medical associations, social and others may be eligible for a club license providing such club meets the standards established by law as to membership, premises ownership, time of origin and services available. (Sections 23425-23435, 23320.1, 23399.2, 23825, 24072.5 and 24078)
A. Yes, Club licenses and veterans' club licenses may not make sales for consumption off the premises. (Sections 23431, 23453 and 23437)