The California Department of Alcoholic Beverage Control (ABC) can issue a disciplinary action against your liquor license. This could include an Accusation or a Notice of Denial for a new license, and you may have the right to challenge it.
In many cases, disciplinary actions arise from situations such as serving alcohol to minors, failing to maintain proper records or violating state alcohol laws. Understanding the process and knowing what to expect can help you plan ahead and manage your business more effectively.
Stage 1: Administrative hearing
Once the ABC files an Accusation or Denial, your first step is to file a Notice of Defense to request a hearing. Filing promptly can help preserve your rights.
- Deadline to file: You typically have 15 days from the date the Accusation or Denial is mailed.
- Scheduling the hearing: After filing, the Office of Administrative Hearings (OAH) usually schedules the hearing within 60 days. More complex cases may take a bit longer depending on schedules and case details.
- Hearing duration: The hearing generally lasts 1–3 days, giving both you and the ABC a chance to present evidence and ask questions.
Once the hearing concludes, the administrative law judge (ALJ) generally prepares a proposed decision within 30 days. The ABC Director then usually has 100 days to issue a final ruling. In most cases, the full administrative hearing stage can take 6–12 months, depending on case complexity and administrative factors.
Optional reconsideration
In certain situations, you may ask the ABC Director to reconsider the final decision within 30 days of issuance. This optional step may give you another opportunity to clarify aspects of your case before moving to the appeal stage.
Stage 2: Appeal to the ABC appeals board
If the ABC Director’s decision is not what you expected, you can appeal to the ABC Appeals Board (ABCAB).
- Filing deadline: You must file your appeal within 40 days from the date the ABC mails the final decision. For immediate decisions, the deadline may be as short as 10 days.
- Scope of review: The ABCAB reviews the record from your OAH hearing along with the legal arguments in your written briefs. It generally does not accept new evidence.
- Timeline: The appeal process includes preparing the official record, submitting briefs and allowing the Board to review the case. The ABCAB usually issues a final decision within 30 days after submission for argument.
From filing your Notice of Defense to receiving the ABCAB’s final decision, the process often takes 6 months to over a year, depending on case complexity and administrative scheduling.
Protecting your license through preparation
Successfully navigating an ABC disciplinary action requires following statutory deadlines and building a strong record during the administrative hearing. Preparing thoroughly and working with specialized legal counsel can help you manage the multi-stage process, reduce risk and safeguard your California liquor license.
