Essential Guide to Liquor License Renewal
Understanding Morality-Based Restrictions on Alcohol License Ownership
Under California law, both new license applicants and existing licensees are disqualified from owning an alcohol license if they are convicted of an offense involving “moral turpitude.” California courts usually define moral turpitude as:
(1) An act or behavior that gravely violates the sentiment or accepted standard of the community; or
(2) A quality of dishonesty or other immorality present in the commission of a criminal offense.
The California Department of Alcoholic Beverage Control treats the following offenses as crimes of moral turpitude:
- Crimes involving dishonesty, such as theft (grand and petty), fraud, embezzlement, forgery, perjury, and robbery
- Crimes involving “vileness or depravity,” such as murder, arson, burglary, rape, deviate sexual offenses, and narcotics use or trafficking.
- Crimes involving unreasonable use of force, such as robbery and aggravated assaults.
A plea, verdict, judgment of guilty, or plea of solo contender to any offense involving moral turpitude is disqualifying.
Understanding the Rehabilitation and Requalification Process
Disqualified licensees can request to be formally “rehabilitated” by the Department of Alcoholic Beverage Control, which makes them qualified to own a license again.
It’s a good idea to consult an experienced alcohol attorney about preparing your request. The Department will perform an investigation, prepare a report, and issue a formal decision.
There is no defined period of time during which a disqualified person must stay separate from the licensed business. The Department has discretion to determine if and when individuals have been adequately rehabilitated and are qualified hold licenses again. How long former licensees must wait depends on their individual circumstances and criminal history.
Gathering Evidence to Support Rehabilitation
The Department of Alcoholic Beverage Control will consider a long list of factors when deciding whether former licensees have been sufficiently rehabilitated. Although applicants do not need to satisfy every factor, they should try to present as much favorable evidence as possible. The most important factors show applicants have changed or improved so that a repeat of misconduct is unlikely.
Criteria affecting rehabilitation include:
- Remorsefulness;
- Successful completion or early discharge from probation;
- Stability of family life and fulfillment of parental and familial responsibilities subsequent to the conduct in question, including compliance with any family court orders;
- Applicants’ history of criminal convictions and license discipline;
- Completion of, or sustained enrollment in, training or therapy for improvement of the conduct at issue;
- Abstinence from alcohol if alcohol was related to the misconduct;
- Acts of restitution to any victims;
- Payment of any monetary fines associated with the conviction or judgment; and
- Community service.
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- Witness testimony;
- Evidence from family members, friends, and/or others familiar with the applicant’s conduct;
- Evidence from probation officers or other law enforcement officers with relevant knowledge;
- Evidence from psychiatrists or other persons competent to testify about neuropsychiatric or emotional disturbances; and
- The absence of later convictions or similar conduct which reflects an inability to conform to societal rules.
It is important to demonstrate the applicant has addressed any shortcomings and is willing to continue doing so.
Why Choose Gillian Garrett Law, PC for ABC License Requalification
Gillian specializes in California and federal alcohol law. She has extensive experience handling license qualification issues and license rehabilitation proceedings.