ABC Violation Defense

What Is an Alcoholic Beverage Control ("ABC") Accusation?

An ABC Accusation is an administrative and legal process used to enforce ABC laws and penalize licensees who have violated them. The ultimate penalty is the revocation and termination of your ABC license. These proceedings are handled similarly to criminal cases in a criminal court. Prior to filing an Accusation, ABC field agents investigate public complaints or potential violations by a licensee. Based on the evidence they gather, ABC litigation lawyers determine whether to file an Accusation against the licensee. Once filed, the Accusation is served on the license holder, much like a defendant in a lawsuit. For example, if you unintentionally sell an alcoholic beverage to a minor decoy, an Accusation proceeding will likely commence against you.

Can an ABC Accusation Result in a Criminal Case?

Yes, your ABC Accusation proceeding may lead to a separate, simultaneously filed case in the criminal court system (see Sale of Alcohol Crimes). However, whether a criminal case is filed against you depends on your local prosecutor's office, based on evidence provided by the ABC, local police, or both. Should the prosecutor decide to file a complaint, you will be required to appear before a criminal judge. In addition, you must reply to the ABC Accusation. An experienced ABC and criminal defense lawyer can navigate both the administrative and criminal court systems to provide the best outcome for both matters. A non-lawyer expediter is unable to legally represent you in this capacity. For example, if you receive a criminal citation for violating an ABC law, you may receive a notice of an Accusation from the ABC weeks later. You must reply to the ABC notice and personally appear in court to resolve your criminal case. Should you fail to address either case, you risk losing your ABC license or, worse, facing jail time.

Types of ABC Accusation Defense Services Offered by Our Firm.

ABC Pre-Accusation Defense: BLLG Law has extensive experience defending licensees who have received Pre-Accusation notices from the ABC. Prior to the formal filing of an Accusation, a licensee may have the chance to address violations during the Pre-Accusation phase of ABC litigation. It is highly recommended that you consult an experienced ABC lawyer immediately upon receiving a Pre-Accusation notice to avoid unnecessary delays and maximize your opportunity to successfully resolve the matter without an ABC hearing.
ABC Accusation Defense: BLLG Law has extensive experience defending ABC Accusations filed against licensees in all aspects of administrative litigation. It is highly recommended that you consult an experienced ABC lawyer when you are served with an Accusation to avoid unnecessary delays and maximize your chances of a successful resolution before a hearing becomes necessary.
ABC Hearing Defense: An ABC hearing is similar to a court trial. At the hearing, evidence from both the ABC and the licensee is presented to a judge, who will issue a proposed decision. Should an ABC hearing be required for your case, our firm will thoroughly prepare for and defend you at the proceeding.
ABC Appeals: Although rare in most Accusation cases, if the administrative judge decides in favor of the ABC at the hearing phase, you can appeal the decision to the ABC Appeals Board. You will present your evidence to the Appeals Board, which will then render a decision within 120 days.
Neighborhood Prosecutor Hearing Defense: Especially in larger cities like Los Angeles, the neighborhood prosecutor's office may request the presence of an ABC licensee or their employees at a scheduled hearing. Although these hearings may be voluntary, failing to appear may trigger a formal criminal complaint against the licensee. BLLG Law has extensive experience defending clients at these hearings to prevent further legal issues from arising.
Criminal Case Defense: BLLG Law has extensive experience defending criminal cases involving ABC licenses and related crimes. Our background in general criminal defense sets us apart from firms that focus solely on administrative cases. Our firm already knows how to maneuver through the criminal court system to secure the best possible outcome for our clients (see Sale of Alcohol Crimes).

Common Crimes Involving Illegal Sales of Alcohol

Operating a Non-Bona-Fide Eating Place - BPC §23038 “Bona fide public eating place” means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. “Meals” means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. “Guests” shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this section, however, shall be construed to require that any food be sold or purchased with any beverage. (Amended by Stats. 1955, Ch. 1779.). BPC §23396. Any on-sale license authorizes the sale of the alcoholic beverage specified in the license for consumption on the premises where sold. No alcoholic beverages, other than beers, may be sold or served in any bona fide public eating place for which an on-sale license has been issued unless the premises comply with the requirements prescribed in Section 23038, 23038.1, 23038.2, or 23038.3. (Amended by Stats. 2011, Ch. 702, Sec. 2. (SB 339) Effective January 1, 2012.)

Sale Without an ABC License - BPC §23300 No person shall exercise the privilege or perform any act which a licensee may exercise or perform under the authority of a license unless the person is authorized to do so by a license issued pursuant to this division. (Added by Stats. 1953, Ch. 152.)

Purchase Alcohol for Resale from a Retailer - BPC §23402 No retail on- or off-sale licensee, except a daily on-sale general licensee holding a license issued pursuant to Section 24045.1, shall purchase alcoholic beverages for resale from any person except a person holding a beer manufacturer's, wine grower's, rectifier's, brandy manufacturer's, or wholesaler’s license. (Amended by Stats. 1969, Ch. 1123.)

Violation of Conditions of an ABC License - BPC §23804 A violation of a condition placed upon a license pursuant to this article shall constitute the exercising of a privilege or the performing of an act for which a license is required without the authority thereof and shall be grounds for the suspension or revocation of such license. (Added by Stats. 1959, Ch. 1351.)

Employee Working While Intoxicated - BPC §24200(a) When the continuance of a license would be contrary to public welfare or morals. However, proceedings under this subdivision are not a limitation upon the department’s authority to proceed under Section 22 of Article XX of the California Constitution.

Employee Resisting Arrest or Interfering with Investigation on Premises – BPC §24200(a) & PC 148 (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

Illegal Solicitation of Alcoholic Beverages (permit employee/agent to encourage persons to buy drinks for commission) - BPC §24200.5(b) Notwithstanding the provisions of Section 24200, the department shall revoke a license upon any of the following grounds: (b) If the licensee has employed or permitted any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme, or conspiracy.

Unlawful Refilling of Alcohol – BPC §25176 & §25177 Every person who refills or causes to be refilled with distilled spirits any distilled spirits container is guilty of a misdemeanor. (Amended by Stats. 2009, Ch. 68, Sec. 2. (SB 825) Effective January 1, 2010.) Every person who sells, offers for sale, or keeps for sale distilled spirits in any package which has been refilled or partly refilled is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 152.)

Unlawful Possession of Alcohol for Sale - BPC §25607(a) Except as provided in subdivisions (b) and (c), it is unlawful for any person or licensee to have upon any premises for which a license has been issued any alcoholic beverages other than the alcoholic beverage which the licensee is authorized to sell at the premises under his or her license. It shall be presumed that all alcoholic beverages found or located upon premises for which licenses have been issued belong to the person or persons to whom the licenses were issued. Every person violating the provisions of this section is guilty of a misdemeanor. The department may seize any alcoholic beverages found in violation of this section. BPC §23355 Except as otherwise provided in this division and subject to the provisions of Section 22 of Article XX of the Constitution, the licenses provided for in Article 2 of this chapter authorize the person to whom issued to exercise the rights and privileges specified in this article and no others at the premises for which issued during the year for which issued. (Amended by Stats. 1974, Ch. 823.)

Sale to Obviously Intoxicated Persons - BPC §25602(a) Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor. (Amended by Stats. 1978, Ch. 929.)

Sale After Hours - BPC §25631 Any on- or off-sale licensee, or agent or employee of that licensee, who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2 o’clock a.m. and 6 o’clock a.m. of the same day, is guilty of a misdemeanor. For the purposes of this section, on the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, “2 o’clock a.m.” means two hours after midnight of the day preceding the day such change occurs. (Amended by Stats. 2007, Ch. 744, Sec. 3. Effective January 1, 2008.) BPC §25632 Any retail licensee, or agent or employee of such licensee, who permits any alcoholic beverage to be consumed by any person on the licensee’s licensed premises during any hours in which it is unlawful to sell, give, or deliver any alcoholic beverage for consumption on the premises is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 152.)

Illegal Solicitation of Alcoholic Beverages (employee encourages person to buy drinks for a profit) - BPC §25657(a) It is unlawful: (a) For any person to employ, upon any licensed on-sale premises, any person for the purpose of procuring or encouraging the purchase or sale of alcoholic beverages, or to pay any such person a percentage or commission on the sale of alcoholic beverages for procuring or encouraging the purchase or sale of alcoholic beverages on such premises. (Amended by Stats. 1971, Ch. 151.)

Illegal Solicitation of Alcoholic Beverages - BPC §25657(b) It is unlawful: (b) In any place of business where alcoholic beverages are sold to be consumed upon the premises, to employ or knowingly permit anyone to loiter in or about said premises for the purpose of begging or soliciting any patron or customer of, or visitor in, such premises to purchase any alcoholic beverages for the one begging or soliciting. (Amended by Stats. 1971, Ch. 151.) PC §303(a) It shall be unlawful, in any place of business where alcoholic beverages are sold to be consumed upon the premises, for any person to loiter in or about said premises for the purpose of begging or soliciting any patron or customer of, or visitor in, such premises to purchase any alcoholic beverage for the one begging or soliciting.

Sale to Minors - BPC §25658(a) (a) Except as otherwise provided in subdivision (c), every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor. (Amended by Stats. 2014, Ch. 162, Sec. 1. (AB 1989) Effective January 1, 2015.)

Employment of Minors – BPC §25663 (a) Except as provided in subdivision (c), no licensee that sells or serves alcoholic beverages for consumption on the premises shall employ any person under 21 years of age for the purpose of preparing or serving alcoholic beverages. Every person who employs or uses the services of any person under the age of 21 years in or on that portion of any premises, during business hours, which are primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises is guilty of a misdemeanor. (b) Any off-sale licensee who employs or uses the services of any person under the age of 18 years for the sale of alcoholic beverages shall be subject to suspension or revocation of his or her license, except that a person under the age of 18 years may be employed or used for those purposes if that person is under the continuous supervision of a person 21 years of age or older. (c) Any person between 18 and 21 years of age employed in any bona fide public eating place, as defined in Sections 23038 and 23038.1, which is licensed for the on-sale of alcoholic beverages, may serve alcoholic beverages to consumers only under the following circumstances: such service occurs in an area primarily designed and used for the sale and service of food for consumption on the premises; and the primary duties of the employee shall be the service of meals to guests, with the service of alcoholic beverages being incidental to such duties. For purposes of this subdivision, “serve” or “service” includes the delivery, presentation, opening, or pouring of an alcoholic beverage. (Amended by Stats. 2008, Ch. 508, Sec. 4. Effective January 1, 2009.)

Unsupervised Sales by Under 18 Years Old – BPC §25663(b) Any off-sale licensee who employs or uses the services of any person under the age of 18 years for the sale of alcoholic beverages shall be subject to suspension or revocation of his or her license, except that a person under the age of 18 years may be employed or used for those purposes if that person is under the continuous supervision of a person 21 years of age or older.

Minors on Public Places – BPC §25665 Any licensee under an on-sale license issued for public premises, as defined in Section 23039, who permits a person under the age of 21 years to enter and remain in the licensed premises without lawful business therein is guilty of a misdemeanor. Any person under the age of 21 years who enters and remains in the licensed public premises without lawful business therein is guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars ($200), no part of which shall be suspended. (Amended by Stats. 1983, Ch. 1092, Sec. 65. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

Employees Accepting Alcoholic Drinks – California Code of Regulation, Title 4, Division 1, Section 143 No on-sale retail licensee shall permit any employee of such licensee to solicit, in or upon the licensed premises, the purchase or sale of any drink, any part of which is for, or intended for, the consumption or use of such employee, or to permit any employee of such licensee to accept, in or upon the licensed premises, any drink which has been purchased or sold there, any part of which drink is for, or intended for, the consumption or use of any employee. It is not the intent or purpose of this rule to prohibit the long-established practice of a licensee or a bartender accepting an incidental drink from a patron. Note: Authority cited: Sections 24200.5 and 25657, Business and Professions Code.

No Permits and Licenses to Sell Alcohol in City of Los Angeles - LAMC 12.21(a) No building or structure shall be erected, reconstructed, structurally altered, enlarged, moved, or maintained, nor shall any building, structure or land be used or designed to be used for any use other than is permitted in the zone in which such building, structure or land is located and then only after applying for and securing all permits and licenses required by all laws and ordinances.

Types of Services

ABC Pre-Accusation Defense
ABC Accusation Defense
ABC Hearing Defense
ABC Appeals
Prosecutor Hearing Defense

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The Golden Rule

Our founding attorney, Bo Lee, continues to uphold the Golden Rule: "Treat others the way you want to be treated."

By truly putting ourselves in our clients' shoes, we endeavor to guide them toward the exact choices we would make for ourselves as legal experts. Throughout every matter, we strive to empower our clients to make the best possible decisions, ensuring we never advise them to take a course of action we wouldn't take ourselves. This deeply personal philosophy has consistently led to exceptional outcomes for our clients.

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