| There is danger inherent in the sales and service of alcoholic beverages. ABC Rules, regulations and statutes govern ABC Licensees both off-sale licensees as well as on-sale licensees. Even the time when alcoholic beverages can be served and consumed is regulated by ABC law. Service of alcohol after hours is a violation which could generate an ABC accusation, an administrative hearing, a decision and a review by the Alcoholic Beverage Control Appeals Board. |
But there are rules that also govern the Department of Alcoholic Beverage Control. Restaurants, hotels, convenience markets and stores, liquor stores and bars and night clubs have rules. For example, licensees cannot sell alcohol to minors. Licensees cannot sell alcohol to obviously intoxicated persons. Licensees throughout California must strictly adhere to these rules. The Department of Alcoholic Beverage Control must follow its own rules and the Law Firm of Solomon Saltsman & Jamieson had won appellate rulings at the Courts of Appeal and California Supreme Court where the courts have mandated such strict adherence by the ABC to its rules and to administrative procedures required by statute and to the constitution.
Applicants for transfer of ABC licensees also have to be aware of the application process and the municipal Conditional Use Permit process frequently set as a condition precedent to obtaining a license. Such application may be protested with such issues as high crime, over-concentration of licenses and proximity to schools, churches and playground stated as grounds why an application should be denied.Log on http://www.ssjlaw.com/Alcoholic_Beverage_Control.html
