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INTRODUCTION
In the following pages, we have included those statutes and rules of the ABC Act which are relevant to most ABC proceedings. We have also included several statutes in the Administrative Procedure Act which are the laws governing the administrative process for ABC cases.
| Lesson One: |
The ABC issues licenses and therefore can take them away. |
| Lesson Two: |
Resisting the ABC’s process can be successful. |
| Lesson Three: |
The time-lines to respond are very short. When an accusation
is filed, the licensee’s time to answer is extremely brief. |
EMERGENCY CHECK LIST
If you are confronted by a law enforcement agency:
- Cooperate
- Don’t talk
- Gather names of witnesses
- Don’t obstruct the officers
- Gather statements of employees
- Note evidence seized
- Don’t talk
- Seek assistance from your ABC lawyer
- Don’t talk
- Law enforcement officers do not need a search warrant to search or inspect
- Don’t say anything
ABC AND POLICE RESPONSIBILITIES
THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
In California, the Department of Alcoholic Beverage Control (the “ABC”) has the exclusive power to license and regulate the manufacture, importation and sale of alcoholic beverages and to revoke any alcoholic beverage license for good cause. Article XX Section 22 of the California Constitution.
RESPONSIBILITIES OF POLICE AGENCIESPolice officers are required to enforce state liquor laws and other laws at licensed establishments and to report any violations to the ABC for review. Any reports generated at a licensed premises must be given to the ABC by statute.
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