Wednesday, October 15, 2008

ABC News: Pleading Guilty to A Misdeameanor Can be a Basis for Revocation of Your ABC License or Denial of Your License Application


Pleading guilty or no contest to a crime involving moral turpitude has cost many licensees their ABC licenses and many ABC applicants their opportunity to have their ABC licenses issued. The ABC Act itself requires the Department to revoke a license based on such plea or conviction.
Here’s where getting out of jail cheap may cost you that liquor license. Something many licensees don’t know and what many criminal lawyers don’t know: pleading guilty (or no contest) to a crime of moral turpitude even if it’s “just a misdemeanor” will result in the ABC filing an accusation to revoke your license.


Ralph B. Saltsman
Ralph B. Saltsman

Crimes of moral turpitude include narcotics, fraud, and even petty theft. Lawyers tell clients every day, “Just plead to the theft, and we can get out with a small fine and probation. No jail.” It sounds good until you hear from the ABC. One plea or conviction against a licensee or even against one major shareholder, officer or member of the board of directors of a corporate licensee could affect all the licenses held.
Typically, the ABC’s prosecution of its case will be based on the court records. The Department’s case will last only a few minutes, and then Department will demand revocation. But you haven’t lost yet. Skilled experienced counsel can still save your license. There are myriad defenses and procedural issues that can be pursued, and the propriety of the penalty is always in question. Pleading guilty may certainly draw an accusation for revocation, but it is not the same as just turning in your license.