ABC License Attorney in California
About Gillian Garrett Law, PC
Gillian Garrett Law, PC can help you navigate the complex world of alcohol regulations.
Compliance with alcohol laws can be stressful and frustrating. Dealing with enforcement actions from state and federal regulators is even worse. Industry members need a lawyer with a deep understanding of alcohol agencies and regulations.
Gillian starts every client relationship by listening. She asks: What are you trying to achieve, both in the short and long term? What are you most worried about? What risks are you facing?
And while Gillian takes regulatory compliance seriously, legal services don’t have to be overwhelming or intimidating. Gillian strives for a collaborative approach and a straightforward communication style.
ABC Licensing Consultation
California offers over 80 different alcohol license types. Gillian advise clients about what they can and can’t do with each license type.
Industry members should carefully structure their business plans from the beginning to account for licensing limitations and take advantage of licensing opportunities.
Combining (or investing in) multiple categories of license types is complicated. California and federal alcohol laws mandate separate ownership of alcohol suppliers and alcohol retailers (no vertical integration)…. But there are lots of exceptions.
Gillian advises clients about what they need to do to comply and take advantage of special regulatory exceptions that may help their business grow.
Common ABC License Types for Manufacturers
- Type 01 (Beer Manufacturer) — for breweries making 60,000 barrels of beer per year or more.
- Type 02 (Winemaker) — for wineries and wine cellars.
- Type 03 (Brandy Manufacturer) — for brandy producers.
- Type 04 (Distilled Spirits Manufacturer) — for distilled spirits producers making over 150,000 gallons of spirits per year.
- Type 06 (Still) — authorizes use of a still. Designed to be combined with Type 04 and 74 licenses.
- Type 07 (Wine and Spirits Rectifier) — for producers who blend, rectify, mix, flavor, color, and cut distilled spirits.
- Type 22 (Wine Blender) — for wine blenders and operators of bonded warehouses.
- Type 23 (Small Beer Manufacturer) — for breweries making less than 60,000 barrels of beer per year.
- Type 74 (Craft Distiller) — for distilled spirits producers making up to 150,000 gallons of spirits per year.
- Type 75 (Brewpub) — for small breweries with restaurants.
Common ABC License Types for Importers
- Type 09 (Importer — Beer & Wine) — for beer and wine importers.
- Type 10 (Importer — Beer & Wine Importer’s General) — for beer and wine importers, some which are out of state wineries or breweries.
- Type 11 (Importer — Brandy) — for brandy importers.
- Type 12 (Importer — Distilled Spirits) — for spirits importers (including brandy).
- Type 13 (Importer — Distilled Spirits Importer’s General) — for spirits importers (including brandy), some of which are out of state distilleries.
Common ABC License Types for Retailers
California issues “off-sale” licenses to retail businesses that sell alcoholic beverages to consumers for consumption off the businesses’ licensed premises (such as grocery stores). California issues “on-sale” licenses to retail businesses that sell alcoholic beverages to consumers for consumption on the businesses’ licenses premises (such as restaurants). Here are the most common retail license types in California:
- Type 20 (Off-Sale Beer & Wine) – for grocery, liquor, and convenience stores.
- Type 21 (Off-Sale General) – for grocery, liquor, and convenience stores.
- Type 41 (On-Sale Beer & Wine – Eating Place) – for restaurants.
- Type 42 (On-Sale beer and wine) — for bars.
- Type 47 (On-Sale General – Eating Place) – for restaurants.
- Type 48 (On-Sale General – Public Premises) – for bars and nightclubs.
- Type 85 (Limited Off-Sale Wine) — for online stores.
Common ABC License Types for Wholesalers
- Type 17 (Wholesaler — Beer & Wine) — for beer and wine distributors.
- Type 18 (Wholesaler — Distilled Spirits) — for distilled spirits distributors.
Frequently Asked Questions:
It’s a license type that the California ABC issues to restaurants who want to be able to sell beer and wine (but not spirits).
It depends on where you want to locate your business.
Both authorize sales of beer, wine, and spirits on the premises, but Type 47s are for restaurants and Type 48s are for bars and nightclubs.
A type 17 license authorizes distribution (wholesale) of beer and wine.
A type 23 license is for breweries making up to 60,000 gallons of beer per year.
California issues “off-sale” licenses to retail businesses that sell alcoholic beverages to consumers for consumption off the businesses’ licensed premises (such as grocery stores). California issues “on-sale” licenses to retail businesses that sell alcoholic beverages to consumers for consumption on the businesses’ licenses premises (such as restaurants).
Restaurants usually have either a Type 41 license for beer and wine, or a Type 47 license for beer, wine, and distilled spirits.
Bars and nightclubs usually have a Type 48 license type for beer, wine, and distilled spirits.
Small breweries usually have either a Type 23 small beer manufacturer license or a Type 75 brewpub license.
California winemakers have a Type 02 license.
Liquor stores usually have a Type 21 license for beer, wine, and distilled spirits.
In some situations, if the business meets statutory requirements. This is a complicated area.
Yes, with approval from the ABC.
There are three primary barriers to eligibility for an ABC license: (1) tied house violations; (2) previous convictions for serious crimes; and (3) work in law enforcement.
If the ABC finds a business operating outside its privileges, it will take enforcement actions against the business. The business could face fines, license suspension, license revocation, and in extreme cases, criminal charges.
An experienced alcohol lawyer can explain what you can and can’t do with each license– license limitations and licensing opportunities. A seasoned alcohol specialist can also help you understand how you can grow and acquire other licensed businesses.
A Type 20 license is for stores — it authorizes sales of beer and wine for consumption off the premises.
Both licenses are for grocery, liquor, and convenience stores. Type 20 license types authorize sales of beer and wine, and Type 21 license types authorize sales of beer, wine, and spirits.
Type 86 licenses are for beer, wine, or spirits tastings at off-sale license premises, such as grocery or liquor stores.
No. Type 41 license types can only sell beer and wine.
Type 48 license types are for bars and clubs. They authorize sales of beer, wine, and spirits.
Type 85 licenses are for sales of wine via mail, telephone, or online stores (no in person sales).
Both licenses are for bars. Type 40 licenses authorize sales of beer only, but Type 42 licenses authorize sales of beer and wine.