You posted notice of your California alcoholic beverage license application and learned that someone filed a protest. You may wonder whether it will delay your plans or prevent the California Department of Alcoholic Beverage Control (ABC) from issuing the license.
A protest does not automatically mean denial. The department reviews objections filed by the deadline and looks into the concerns before deciding what happens next.
What happens after ABC receives a protest?
The department reviews whether the objection raises concerns it can legally consider, such as crime, public nuisance, the suitability of the location or your qualifications for a license. Personal opposition to alcohol sales alone is not enough. The department also notifies you during its investigation.
You can organize information related to the objections, including:
- Proposed hours of operation
- Security or noise-control measures
- Operating plan
- Correspondence with ABC
- Proposed license conditions
The department may reject an objection in whole or in part if it does not meet the requirements, such as when it lacks adequate grounds or required verification. In some cases, you may agree to license conditions that place specific limits on how the business operates.
When can a protest lead to a hearing?
If ABC accepts a protest but still recommends issuing your license, it sends written notice of that decision to you and the person or organization that filed the protest. They may then request an administrative hearing where the disputed issues are reviewed. The request must be filed within 15 business days after ABC provides the notice.
At the hearing, an administrative law judge reviews testimony and evidence. The judge recommends a decision to the ABC director, who makes the final agency decision. Either side may appeal the director’s decision to the ABC Appeals Board.
Prepare for the concerns raised
A protest can add time and steps to your application, but it does not decide the outcome. Reviewing the objections and gathering related records can help you understand what the department will examine. An attorney familiar with California ABC licensing can help you understand the objections, hearing process and possible license conditions.
