·        On-sale license:  authorizes the sale of alcoholic beverages for consumption on the premises

·        Off-sale license:  authorizes the sale of alcohol for consumption off the premises in original, sealed containers

Once a license is granted, it never dies and can be changed easily. It can be transferred and sold as a commodity. Even if a licensee has been cited for violating the law, the history of violations is erased upon a change of ownership which can be as simple as a transfer between husband and wife. The new owner is under no obligation to operate the business under the terms of the original license. 

Many modifications are requested within months of receiving the original license. Thus, a “Mom & Pop” establishment that is licensed to serve beer and wine with pizza can become a late-night club or bar in a year.

Strategies to deal with an excessive number of licenses in a community

Cities can control the business practices of new alcohol licenses with a Conditional Use Permit (CUP), which spells out conditions by which the retailer agrees to abide. 

Because conditions cannot be placed on alcohol licenses that received their permits before the CUP ordinance went into effect, a different planning tool is necessary to address these “deemed approved” (grand fathered) licenses.”  When a grand fathered license has been found to be a public nuisance, a Deemed Approved Ordinance can work in conjunction with the CUP and hold these grand fathered licenses to the new higher standard. 

A person or business planning to open a new ABC-licensed business, change the ownership, or move an existing outlet to a new site must apply for the license at an ABC district office. As part of the process, notice must be given to the public and to local officials. This notice occurs in several ways:

Public Notice — The applicant must post a white or yellow public notice in a prominent place at the proposed premises for 30 days.

Written Notice by Mail — ABC mails a copy of the application to the sheriff, chief of police, district attorney, and city council. In some cases, the applicant must also mail written notice to residents and owners of real property within a 500' radius of the proposed business.

Newspaper Publication — Certain applicants must publish a notice in the local newspaper.

Any person may protest an ABC license application. You must file your protest at any ABC district office within 30 days. The 30 days runs from whichever date is later:

·        The date the Public Notice is first posted at the proposed business; or

·        The date the applicant mails written notice to residents or owners of real property within a 500' radius

Protests received after 30 days cannot be considered.

Grounds for protest

·        A premise is not suitable. For example the premises is too close to a school, church, hospital, playground, nonprofit youth facility or residence and would disturb the facility or resident

·        The premises is located in a high-crime area and does not serve public convenience or necessity

·        The license would create a public nuisance; zoning is improper for alcohol sales

·        The issuance of another license would result in or add to an undue concentration of alcohol licenses

Department of Alcohol Beverage Control (ABC):

The ABC has the exclusive power to license and regulate the manufacture, importation and sale of alcoholic beverages in California. It also has the power for good cause to deny, suspend or revoke any specific alcoholic beverage license. ABC is headed by a Director who is appointed by the Governor.   For administrative purposes ABC has two Divisions: the Northern Division and the Southern Division. Each Division is divided into districts on the basis of population and geographical needs.

San Diego ABC District Office: