Business, Alcoholic Beverage Control Licensing, Conditional Use Permits, Criminal Defense, Personal Injury Attorney in Los Angeles. Serving the Food and Beverage, Restaurant and Entertainment industries. Bilingual in English and Korean.
Business, Alcoholic Beverage Control Licensing, Conditional Use Permits, Criminal Defense, Personal Injury Attorney in Los Angeles. Serving the Food and Beverage, Restaurant and Entertainment industries. Bilingual in English and Korean.
Business, Alcoholic Beverage Control Licensing, Conditional Use Permits, Criminal Defense, Personal Injury Attorney in Los Angeles. Serving the Food and Beverage, Restaurant and Entertainment industries. Bilingual in English and Korean.
Business, Alcoholic Beverage Control Licensing, Conditional Use Permits, Criminal Defense, Personal Injury Attorney in Los Angeles. Serving the Food and Beverage, Restaurant and Entertainment industries. Bilingual in English and Korean.

CONDITIONAL USE PERMITS

 

WHAT IS A CONDITIONAL USE PERMIT (CUP)?

A Conditional Use Permit (CUP) is a conditional permit granted by your local government agency in order to allow a particular use on land. For the sale of alcoholic beverages, you need a Conditional Use Permit from your county or city prior to selling any type of alcohol for consumption. For example: A Los Angeles based sushi restaurant plans to sell alcoholic beverages, mainly beer and wine.  The owner must obtain a Conditional Use Permit from the City of Los Angeles, Land Use and City Planning Unit, prior to dispensing any alcoholic beverages at the restaurant. This permit is not an ABC license to sell alcoholic beverages. The ABC license must be obtained separately from the State of California prior to selling alcohol at the restaurant. See Alcohol Beverage Licensing.  Yes, this gets very confusing and that's why an experienced Land Use and ABC lawyer will save you lots of time when applying for licenses and permits; and time is money when it comes to starting and running a business.

IS IT ILLEGAL TO SELL ALCOHOLIC BEVERAGES WITHOUT A CONDITIONAL USE PERMIT?

 

Yes, it is also illegal to sell alcoholic beverages without a Conditional Use Permit in your local city or county.  If you are arrested or ordered to court for illegally selling alcoholic beverages without a local land use permit allowing you to do so, the prosecutor's office can and often times will start criminal proceedings against you in criminal court, just as if you were arrested for any other criminal violation.  Meaning, your criminal case will be treated as any other criminal case. A misdemeanor in California may carry a 6 month or up to 1 year of jail time and/or up to $1,000 in criminal fines.  In addition, you may be ordered to serve probation as well as other criminal penalties. See Sale of Alcohol Crimes. For example: The sushi restaurant above opened without a Conditional Use Permit, but began selling sake wine to its customers. The police were notified that the restaurant sold alcoholic beverages without the proper licenses and permits.The police cites or arrests the restaurant owner for illegal land use, which is a criminal offense. See Sale of Alcohol Crimes.

HOW TO GET A CONDITIONAL USE PERMIT?

 

As with all bureaucratic procedures, applying for and obtaining a Conditional Use Permit is very complicated and time consuming. It is not for the faint of heart. There are numerous steps an applicant must overcome to just get your case heard at a public hearing for approval of your application. Should you prevail at the hearing, you must also overcome effectuation requirements, meaning all conditions of your Conditional Use Permit must be met.

WHAT ARE CONDITIONAL USE PERMIT CONDITIONS?

As Conditional Use Permits are conditional in nature, it contains numerous conditions that must be met by the permit holder. These permits must be complied with during the term of the permit.  If not, your risk criminal consequences and/or termination of your permit. For example: The sushi restaurant above finally obtains a Conditional Use Permit to sell beer and wine at its location. However, one of the conditions of the Conditional Use Permit prohibits the sale of alcoholic beverages from 10:00 p.m. to 2:00 a.m. Monday through Thursday. The owner decides to violate this condition and sell alcoholic beverages at anytime. The police cites or arrests the restaurant owner for illegal land use, which is a criminal offense. See Sale of Alcohol Crimes.

TYPES OF CONDITIONAL USE PERMIT SERVICES OFFERED BY BO LEE LAW GROUP:

  • Conditional Use Permit to sell alcoholic beverages for restaurant businesses - Bo Lee Law Group has extensive experience applying for Conditional Use Permits to sell alcoholic beverages for restaurant businesses. Because of the complexities of land use and permit applications, it is highly recommended that you consult an experienced Land Use and ABC lawyer for any permits related to the sale and dispensing of alcoholic beverages at your restaurant.

  • Conditional Use Permit to sell alcoholic beverages for general retail businesses  - Bo Lee Law Group has extensive experience applying for Conditional Use Permits to sell alcoholic beverages for general retail businesses. For example: Liquor Stores. Because of the complexities of land use and permit applications, it is highly recommended that you consult an experienced Land Use and ABC lawyer for any permits related to the sale and dispensing of alcoholic beverages at your retail store.

  • Conditional Use Permit for entertainment businesses - Bo Lee Law Group has extensive experience applying for Conditional Use Permits for entertainment businesses. Entertainment businesses include karaoke, dance clubs, massage parlors, and billiard halls. Because of the complexities of land use and permit applications, it is highly recommended that you consult an experienced Land Use and ABC lawyer for any permits related to entertainment businesses.

 

  • Land Use Enforcement Defense - Bo Lee Law Group has extensive experience defending criminal cases involving land use violation. As a criminal case, they carry the same criminal penalties and consequences as more serious crimes. A conviction may lead to a lengthy probation term, criminal fines, and/or jail time. Moreover, your conviction stays on your record. Meaning any Live Scan background check will reveal your conviction. This may negatively impact your chances of receiving approval for your ABC license and/or police permit application.

REASONS WHY YOU SHOULD HIRE A LAWYER TO EXPEDITE A CONDITIONAL USE PERMIT:

 

  • The complexity of local government land use, city planning procedures, and penalties​​​​​​​​

  • The complexity of California's Business & Professional Code (BPC) and penalties​

  • An experienced land use lawyer will often save you time and money in expediting a Conditional Use Permit

  • An experienced land use lawyer can negotiate difficult legal issues when applying for a Conditional Use Permit

  • An experienced land use and criminal defense lawyer can help you successfully maneuver through the criminal court system in expediting a Conditional Use Permit 

  • An experienced land use lawyer can offer legal advice associated with your Conditional Use Permit

  • An experienced land use lawyer may appear for you on most cases related to your Conditional Use Permit

"EXTREMELY PROFESSIONAL." 
Kyun S., Los Angeles, CA