which administrative penalty can be imposed against a retail licensee that knowingly permitted the illegal sale, or negotiations for the sales, of controlled substances or dangerous drugs upon his or her licensed premises?

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What are the grounds for suspension or revocation under California's Alcoholic Beverage Control law?

The attorneys of Theta Law Firm are familiar with California's laws on alcoholic beverage control and can help you defend your license in the event of a sale to a minor or other incident relating to your license.

California Business and Professions Code section 24200 provides the grounds for suspension or revocation under the Act:

The following are the grounds that constitute a basis for the suspension or revocation of licenses:

(a) When the continuance of a license would be contrary to public welfare or morals. However, proceedings under this subdivision are not a limitation upon the department's authority to proceed under Section 22 of Article XX of the California Constitution.

(b) Except as limited by Chapter 12 (commencing with Section 25000), the violation or the causing or permitting of a violation by a licensee of this division, any rules of the board adopted pursuant to Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code, any rules of the department adopted pursuant to the provisions of this division, or any other penal provisions of law of this state prohibiting or regulating the sale, exposing for sale, use, possession, giving away, adulteration, dilution, misbranding, or mislabeling of alcoholic beverages or intoxicating liquors.

(c) The misrepresentation of a material fact by an applicant in obtaining a license.

(d) The plea, verdict, or judgment of guilty, or the plea of nolo contendere to any public offense involving moral turpitude or under any federal law prohibiting or regulating the sale, exposing for sale, use, possession, or giving away of alcoholic beverages or intoxicating liquors or prohibiting the refilling or reuse of distilled spirits containers charged against the licensee.

(e) Failure to take reasonable steps to correct objectionable conditions on the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee, that constitute a nuisance, within a reasonable time after receipt of notice to make those corrections from the department, under Section 373a of the Penal Code. For the purpose of this subdivision only, "property or premises" as used in Section 373a of the Penal Code includes the area immediately adjacent to the licensed premises that is owned, leased, or rented by the licensee.

(f) Failure to take reasonable steps to correct objectionable conditions that occur during business hours on any public sidewalk abutting a licensed premises and constitute a nuisance, within a reasonable time after receipt of notice to correct those conditions from the department. This subdivision shall apply to a licensee only upon written notice to the licensee from the department. The department shall issue this written notice upon its own determination, or upon a request from the local law enforcement agency in whose jurisdiction the premises are located, that is supported by substantial evidence that persistent objectionable conditions are occurring on the public sidewalk abutting the licensed premises. For purposes of this subdivision:

(1) "Any public sidewalk abutting a licensed premises" means the publicly owned, pedestrian-traveled way, not more than 20 feet from the premises, that is located between a licensed premises, including any immediately adjacent area that is owned, leased, or rented by the licensee, and a public street.

(2) "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise.

(3) "Reasonable steps" means all of the following:

(A) Calling the local law enforcement agency. Timely calls to the local law enforcement agency that are placed by the licensee, or his or her agents or employees, shall not be construed by the department as evidence of objectionable conditions that constitute a nuisance.

(B) Requesting those persons engaging in activities causing objectionable conditions to cease those activities, unless the licensee, or his or her agents or employees, feel that their personal safety would be threatened in making that request.

(C) Making good faith efforts to remove items that facilitate loitering, such as furniture, except those structures approved or permitted by the local jurisdiction. The licensee shall not be liable for the removal of those items that facilitate loitering.

(4) When determining what constitutes "reasonable steps," the department shall consider site configuration constraints related to the unique circumstances of the nature of the business.

(g) Subdivision (f) does not apply to a bona fide public eating place, as defined in Section 23038, 23038.1, or 23038.2, that is so operated by a retail on-sale licensee or on-sale beer and wine licensee; a hotel, motel, or similar lodging establishment, as defined in subdivision (b) of Section 25503.16; a winegrowers license; a licensed beer manufacturer, as defined in Section 23357; those same or contiguous premises for which a retail licensee concurrently holds an off-sale retail beer and wine license and a beer manufacturer's license; or those same or contiguous premises at which a retail on-sale licensee or on-sale beer and wine licensee who is licensed as a bona fide public eating place as defined in Section 23038, 23038.1, or 23038.2, a hotel, motel, or similar lodging establishment as defined in subdivision (b) of Section 25503.16, a licensed beer manufacturer, as defined in Section 23357, or a winegrowers license, sells off- sale beer and wine under the licensee's on-sale license.

Source : thetafirm.com

Drugs and Drug Paraphernalia

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Drugs and Drug Paraphernalia

B & P Code 24200.5.

Selling Drugs or Soliciting Drinks

Notwithstanding the provisions of Section 24200, the Department shall revoke a license upon any of the following grounds:

If a retail licensee has knowingly permitted the illegal sale, or negotiations for the sales, of controlled substances or dangerous drugs upon his or her licensed Successive sales, or negotiations for sales, over any continuous period of time shall be deemed evidence of permission.

If the licensee has employed or permitted any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme, or conspiracy.

B & P Code 24200.6.

Drug Paraphernalia

The Department may revoke or suspend any license if the licensee or the agent or  employee of the licensee is deemed to have knowledge that the item or items used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance, if the Department or any other state or local law enforcement agency notifies the licensee in writing that the items, individually or in combination, are commonly sold or marketed for that purpose.H & S Code 11364.7.

Trafficking in Drug Paraphernalia

(1) Any person who delivers, furnishes, or transfers, possesses with intent to deliver, furnish, or transfer, or manufactures with the intent to deliver, furnish, or transfer, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance, except as provided in subdivision (b), in violation of this division, is guilty of a misdemeanor.

Except as authorized by law, any person who manufactures with intent to deliver, furnish, or transfer drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body cocaine, cocaine base, heroin, phencyclidine, or methamphetamine in violation of this division shall be punished by imprisonment in a county jail for not more than one year, or in the state prison.

Any person, 18 years of age or over, who violates subdivision (a) by delivering, furnishing, or transferring drug paraphernalia to a person under 18 years of age who is at least three years his or her junior, or who, upon the grounds of a public or private elementary, vocational, junior high, or high school, possesses a hypodermic needle, as defined in paragraph (7) of subdivision (a) of Section 11014.5, with the intent to deliver, furnish, or transfer the hypodermic needle, knowing, or under circumstances where one reasonably should know, that it will be used by a person under 18 years of age to inject into the human body a controlled substance, is guilty of a misdemeanor and shall be punished by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine.

The violation, or the causing or the permitting of a violation, of subdivision (a), (b), or (c) by a holder of a business or liquor license issued by a city, county, or city and county, or by the State of California, and in the course of the licensee’s business shall be grounds for the revocation of that license.

All drug paraphernalia defined in Section 11014.5 is subject to forfeiture and may be seized by any peace officer pursuant to Section 11471.

H & S Code 11364.5.

Drug Paraphernalia

As used in this section, “drug paraphernalia” means all equipment and materials of any kind which are intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled “Drug paraphernalia” includes, but is not limited to, all of the following:

Kits intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

Source : www.abc.ca.gov

Chapter 7. Suspension And Revocation Of Licenses :: Business and Professions Code :: 2010 California Code :: California Code :: US Codes and Statutes :: US Law :: Justia

2010 California Code

Business and Professions Code

Chapter 7. Suspension And Revocation Of Licenses

BUSINESS AND PROFESSIONS CODE SECTION 24200-24211

24200. The following are the grounds that constitute a basis for

the suspension or revocation of licenses:

(a) When the continuance of a license would be contrary to public

welfare or morals. However, proceedings under this subdivision are

not a limitation upon the department's authority to proceed under

Section 22 of Article XX of the California Constitution.

(b) Except as limited by Chapter 12 (commencing with Section

25000), the violation or the causing or permitting of a violation by

a licensee of this division, any rules of the board adopted pursuant

to Part 14 (commencing with Section 32001) of Division 2 of the

Revenue and Taxation Code, any rules of the department adopted

pursuant to the provisions of this division, or any other penal

provisions of law of this state prohibiting or regulating the sale,

exposing for sale, use, possession, giving away, adulteration,

dilution, misbranding, or mislabeling of alcoholic beverages or

intoxicating liquors.

(c) The misrepresentation of a material fact by an applicant in

obtaining a license.

(d) The plea, verdict, or judgment of guilty, or the plea of nolo

contendere to any public offense involving moral turpitude or under

any federal law prohibiting or regulating the sale, exposing for

sale, use, possession, or giving away of alcoholic beverages or

intoxicating liquors or prohibiting the refilling or reuse of

distilled spirits containers charged against the licensee.

(e) Failure to take reasonable steps to correct objectionable

conditions on the licensed premises, including the immediately

adjacent area that is owned, leased, or rented by the licensee, that

constitute a nuisance, within a reasonable time after receipt of

notice to make those corrections from the department, under Section

373a of the Penal Code. For the purpose of this subdivision only,

"property or premises" as used in Section 373a of the Penal Code

includes the area immediately adjacent to the licensed premises that

is owned, leased, or rented by the licensee.

(f) Failure to take reasonable steps to correct objectionable

conditions that occur during business hours on any public sidewalk

abutting a licensed premises and constitute a nuisance, within a

reasonable time after receipt of notice to correct those conditions

from the department. This subdivision shall apply to a licensee only

upon written notice to the licensee from the department. The

department shall issue this written notice upon its own

determination, or upon a request from the local law enforcement

agency in whose jurisdiction the premises are located, that is

supported by substantial evidence that persistent objectionable

conditions are occurring on the public sidewalk abutting the licensed

premises. For purposes of this subdivision:

(1) "Any public sidewalk abutting a licensed premises" means the

publicly owned, pedestrian-traveled way, not more than 20 feet from

the premises, that is located between a licensed premises, including

any immediately adjacent area that is owned, leased, or rented by the

licensee, and a public street.

(2) "Objectionable conditions that constitute a nuisance" means

disturbance of the peace, public drunkenness, drinking in public,

harassment of passersby, gambling, prostitution, loitering, public

urination, lewd conduct, drug trafficking, or excessive loud noise.

(3) "Reasonable steps" means all of the following:

(A) Calling the local law enforcement agency. Timely calls to the

local law enforcement agency that are placed by the licensee, or his

or her agents or employees, shall not be construed by the department

as evidence of objectionable conditions that constitute a nuisance.

(B) Requesting those persons engaging in activities causing

objectionable conditions to cease those activities, unless the

licensee, or his or her agents or employees, feel that their personal

safety would be threatened in making that request.

(C) Making good faith efforts to remove items that facilitate

loitering, such as furniture, except those structures approved or

permitted by the local jurisdiction. The licensee shall not be liable

for the removal of those items that facilitate loitering.

(4) When determining what constitutes "reasonable steps," the

department shall consider site configuration constraints related to

the unique circumstances of the nature of the business.

(g) Subdivision (f) does not apply to a bona fide public eating

place, as defined in Section 23038, 23038.1, or 23038.2, that is so

operated by a retail on-sale licensee or on-sale beer and wine

licensee; a hotel, motel, or similar lodging establishment, as

defined in subdivision (b) of Section 25503.16; a winegrowers

license; a licensed beer manufacturer, as defined in Section 23357;

those same or contiguous premises for which a retail licensee

concurrently holds an off-sale retail beer and wine license and a

Source : law.justia.com