State ABC has final say over alcohol licensing

Photo by Edwin Land / Flickr

As beach community residents and business owners organize to influence decisions over alcohol sales permits in the beach communities, it’s the California Department of Alcoholic Beverage Control (ABC) that has the final say about whether a local restaurant, bar or grocery store can sell alcohol.

Approximately 220 alcohol retail licenses issued by the State of California ABC department remain active in the Pacific and Mission beach communities, according to the California ABC Web site.

Though community planning groups advise the city on zoning and planning developments, they may have little influence over the California Department of Alcoholic Beverage Control decisions.

“We (the State of California Department of Alcoholic Beverage Control office) only recognize boards that can confirm or deny zoning (districts). We don’t get involved at the local community planning level,” said Jennifer Hill, district administrator for the San Diego office of the State of California Department of Alcoholic Beverage Control.

The City’s planning department regulates zoning ordinances and, as long as a business is properly zoned and operating legally, the business can apply for a license to sell alcohol with the State of California.

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Different types of permit regulations govern various establishments like markets, bars, whole-sale, retail and restaurants. The state investigates and evaluates a lengthy application before approving or renewing a limited number of permits which can cost more than $12,000 for an “On-Sale General Eating Place” license, according to the state’s fee schedule.

Though regulations limit the number of permits in a given community based on population density and other factors, the state can still grant a permit depending on an ill-defined “public convenience or necessity,” Hill said.

The state can also transfer licenses from one applicant to another for a fee ranging from $100 to $1,250, according to the ABC fee schedule.

Due to population increases, the County of San Diego was allowed 100 additional alcohol sales permits in 2009, including 25 new licenses for bar and restaurant type establishments, and 25 new licenses for liquor stores. Approximately 50 licenses were awarded for “inter-county” transfer of retail licenses for some businesses, according to a statement from the ABC Web site.

Sebastian Ruiz writes for the Beach & Bay Press, where this story was first published.

Tags: alcohol sales, California Department of Alcoholic Beverage Control, licenses, Pacific Beach, SDNN

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