Transferring an Alcoholic Beverage Control (ABC) license in California is possible, but it is not automatic. The process involves detailed steps and requires approval from the ABC. Here is what you need to know about transferring an ABC license.
An application is always required
You cannot transfer an ABC license without applying. Both the current license holder and the intended transferee must sign this application. ABC handles the process as if it were a new license application, which means they evaluate the transferee’s qualifications. ABC may deny the transfer if the transferee does not meet the requirements.
If the transfer involves a change of location, ABC must also approve the new premises. Without this approval, the transfer cannot proceed. Seeking legal advice can help you to ensure compliance with all requirements and avoid potential delays or denials.
Timing and temporary operations
Applying does not guarantee the license will transfer. ABC may deny the application or face delays due to protests or investigations. The process typically takes 55 to 65 days but can take longer. The law prohibits transferring or issuing a license in less than 30 days.
If the transferee wants to run the business during the transfer period, they need a 120-day permit. The premises must have been licensed and active within 30 days to allow operation with this permit.
What happens if the lease ends?
If the lease on the licensed premises is terminated, the licensee must surrender the license to ABC within 15 days. During the surrender period, which can last up to one year, you can transfer the license to another location or person. You must pay renewal fees during this period to keep the license active.
Transferring an ABC license in California requires careful planning. Both parties must meet specific conditions and follow the required steps. Without ABC approval, no transfer can occur. If you are considering a transfer, ensure you understand the process to avoid delays or complications.
