California Department of Alcoholic Beverage Control
Encyclopedia
The California Department of Alcoholic Beverage Control (or ABC) is an agency of the government of the state of California
charged with regulation of alcoholic beverages.
The ABC was created by constitutional amendment effective January 1, 1955, as an independent department of the executive branch of the State government. The Board of Equalization no longer has any responsibility in liquor control matters except as a taxing authority.
The Department is headed by a Director who is appointed by the Governor
.
For administrative purposes ABC has two Divisions, Northern and Southern. Each Division is divided into districts on the basis of population and geographical needs.
ABC has the exclusive power, in accordance with laws enacted, to license and regulate the manufacture, importation and sale of alcoholic beverages in this State. It also has the power for good cause to deny, suspend or revoke any specific alcoholic beverage license.
In minor decoy operations, the ABC and/or local law enforcement send minors ages 19 and under into licensed premises. These minors attempt to purchase alcoholic beverages. If a minor successfully purchases an alcoholic beverage, the agency typically files an accusation and seeks a penalty commensurate with the licensee’s disciplinary history and other factors. In addition to administrative penalties, the licensee and/or its employees may face criminal charges as well. However, numerous technical rules apply to these proceedings that can protect licensees from facing an administrative penalty.
The ABC also conducts “shoulder tap operations” wherein the ABC and/or local law enforcement have a minor decoy ask a patron entering the store to purchase an alcoholic beverage on the minor’s behalf. If the patron purchases an alcoholic beverage and furnishes it to the minor decoy, the licensee is likely to face administrative action by the ABC. In addition, the patron and the seller may also face criminal penalties.
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
charged with regulation of alcoholic beverages.
The ABC was created by constitutional amendment effective January 1, 1955, as an independent department of the executive branch of the State government. The Board of Equalization no longer has any responsibility in liquor control matters except as a taxing authority.
The Department is headed by a Director who is appointed by the Governor
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
.
For administrative purposes ABC has two Divisions, Northern and Southern. Each Division is divided into districts on the basis of population and geographical needs.
ABC has the exclusive power, in accordance with laws enacted, to license and regulate the manufacture, importation and sale of alcoholic beverages in this State. It also has the power for good cause to deny, suspend or revoke any specific alcoholic beverage license.
Enforcement Operations
The ABC, in conjunction with local law enforcement agencies, regularly conducts minor decoy and other undercover operations to determine whether ABC licensees are complying with ABC statutes, regulations, rules, and other law.In minor decoy operations, the ABC and/or local law enforcement send minors ages 19 and under into licensed premises. These minors attempt to purchase alcoholic beverages. If a minor successfully purchases an alcoholic beverage, the agency typically files an accusation and seeks a penalty commensurate with the licensee’s disciplinary history and other factors. In addition to administrative penalties, the licensee and/or its employees may face criminal charges as well. However, numerous technical rules apply to these proceedings that can protect licensees from facing an administrative penalty.
The ABC also conducts “shoulder tap operations” wherein the ABC and/or local law enforcement have a minor decoy ask a patron entering the store to purchase an alcoholic beverage on the minor’s behalf. If the patron purchases an alcoholic beverage and furnishes it to the minor decoy, the licensee is likely to face administrative action by the ABC. In addition, the patron and the seller may also face criminal penalties.
California Supreme Court’s Decision Regarding the ABC’s Ex Parte Communications
In recent years, the ABC has been mired in legal battles as a result of its pattern and practice of violating the ban on improper ex parte communications. The ABC was rebuked by the Supreme Court of California in Dep't of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd. (Quintanar), 40 Cal. 4th 1, 145 P.3d 462 (2006), in which the Court sided with licensees whose attorneys argued that department prosecutors violated the ban on improper ex parte communications by, among other things, submitting hearing reports to decision maker.See also
- Black Cat bar (police activity)
- Shoulder TapShoulder tapA shoulder tap is an act in which a minor asks an adult to purchase alcohol for him or her. Typically, the minor will walk around a convenience store and solicit help from a passing adult stranger.This is also commonly known as a "Hey Mister"....