What happens after a complaint to the ABC (booze edition)

September 3, 2023 8:16 AM

What happens after a complaint (or multiple complaints) go to the California Department of Alcoholic Beverage Control?

I'm interested in understanding how regulatory agencies (which I think ABC is) work with businesses vs. other government agencies or even say, the police. If ABC isn't a regulatory agency - what exactly is it and what is it's power?

When businesses are reported to ABC for violations, how are complaints investigated, by who (as in, what are their credentials) and in what timeframe? Do people lose their licenses to sell or serve alcohol? And if so, for how long? If you lose your license, can you get it back or do you need to reapply for the lottery?

What is the typical outcome of a complaint? How many complaints have a bar or liquor store closed down or fined? As a regulator, how much power does this agency have and what power do businesses have to challenge it? Do they need to call a lawyer to resolve disputes?

I read the ABC FAQ on the website and a few news stories, but wanted to see if anyone had first hand experience or more than what is easily google-able. Referring me to specific court cases would be welcome too.

(I'm not looking to get anyone shut down or in trouble, this is a curiosity question. So no need to divert into other discussions or recommendations for resolutions - however first, second or third hand experiences that answer my questions are welcome).

posted by Toddles to Law & Government (3 answers total)

The website (sorry laptop is dead) explains it pretty well:

Link

ABC will coordinate with another agency for the actual complaint. I have no experience with California but there usually needs to be multiple clear violations for anyone to act. And it is obviously going to be along class lines. Intoxicated people buying 40s in a poor neighborhood won’t elicit the same response as in a wealthy neighborhood (also likely reported multiple times in a wealthier neighborhood). Unless they’re doing something clearly illegal like selling weed under the counter or policy games that are clear violations and hurt revenue you’re unlikely to get traction at least immediately.

If you can expand on what they are doing I can explain experiences as a friend has multiple liquor stores. Really it needs to be clear, like staying open after hours or selling things they shouldn’t. Shoulder tapping or even underage kids go ahead and report it but you’d be surprised how many people think someone is underage when they’re not. And depending on the violation it’ll get rerouted. Policy games and drugs are really big ones.
posted by geoff. at 1:02 PM on September 3, 2023

Best answer: The CA ABC is a regulatory agency; ABC agents are peace officers themselves (CA code; sympathetic overview with scope), working with local LEO (police officers, sheriff's deputies) to enforce laws and regulations. First responders report incidents to the ABC in certain circumstances, too. CA Constitution art X, § 22, Department's powers & processes.

"The Department does have exclusive jurisdiction to issue, deny, suspend and revoke alcoholic beverage licenses according to terms of the ABC Act and regulations adopted pursuant to it." Wiseman Park v. Southern Glazer's Wine and Spirits (2017). An older case detailing ABC investigators' observed violations of the law and the business owner's appeal re: severity of penalties, Harris v. Alcoholic Bev. etc. Appeals Bd., is referenced in the ABC Act. California Code of Regulations, Division 1. Department of Alcoholic Beverage Control; Division 1.1. Alcoholic Beverage Control Appeals Board.

Law firm Solomon, Saltsman & Jamieson put together an ABC handbook for licensees.
posted by Iris Gambol at 1:47 PM on September 3, 2023 [1 favorite]

Best answer: The ABC does publish weekly reports that include suspended and revoked licenses and current legal cases.
posted by brookeb at 11:16 PM on September 3, 2023 [1 favorite]