The Indian Business Owner TIBO Magazine - Volume 001 - Page 7

During the license application process, you might be asked to determine that there is public convenience or necessity for the ABC licensed business you want to get started. Once it is determined that an applicant location falls into either “undue concentration” or “high crime” and depending upon the license type, the applicant will be required to submit to the Department, a letter (documentation) showing that public convenience or necessity would be served, or provide such a determination from the local governing body or its designee (e.g., city council, city manager, board of supervisors, etc.) of the jurisdiction in which the applicant premises is located. The Department will make the determination upon investigation and information supplied by the applicant that public convenience or necessity is sufficient for those licenses listed under Section 23958.4(b)(1) B&P Code. For all other retail licenses, the applicant must provide written confirmation from the local governing body that a public convenience or necessity would be served by the issuance of the license. It should be noted that whenever the Department is investigating licensing applications, there are numerous laws which come into play that the Department must consider and adhere to during the licensing process. Public Convenience or necessity determinations, whether found by the local governing body or the Department, are taken into full consideration during the application process. Often times, certain areas within a City or County have a higher count of issued licenses than others due to many factors, including but not limited to: tourism, high concentration of businesses within a certain area, or desired business models a city wishes its licensed businesses to be located. On the other hand, other census tracts may have a much lower concentration of licenses since they could be located in a residential area or there is a lack of population to adequately support successful business operations. With that said, the Department investigates each application thoroughly and each investigation is unique on its own merits due to the number of factors which play into each and every investigation. During the licensing process, the Department must take into consideration the protection of the safety, welfare, health, peace, and morals of the people of the State. The Department wants to ensure that during each of its licensing investigations that they involve the highest 5 |TIBO Magazine - Fall 2016 degree of economic, social, and moral well-being and the safety of the State and of all its people. ABC Agents: their general duties are to enforce the provisions of the ABC Act. Some license holders think ABC Agents only show up to find a violation or enforce the law. ABC Agents help provide the information you need to have your business in compliance with alcoholic beverage laws. You can pick up the phone and call any ABC office and we’ll be happy to provide you with the information you need to operate a safe and compliant business. ABC Agents work with local law enforcement agencies and conduct IMPACT inspections. IMPACT stands for Informed Merchants Preventing Alcohol Crime Tendencies. These inspections point out areas where a business is out of compliance and provides time for the business to make corrections so there isn’t a violation. When ABC issues a license to an individual or group of individuals, the hope is that the business will be run safely and successfully. ABC recommends training for anyone operating or working in a business in the alcoholic beverage industry. The ABC Licensee Education on Alcohol and Drugs (LEAD) program offers free quarterly training for licensees and their employees; for more information please visit our website ABC.CA.Gov. Manjit McCarthy Alcoholic Beverage Control Manjeet K. McCarthy is the Licensing Representative for the Department of Alcoholic Beverage Control. She has worked there for sixteen years and can be reached at or (916)419-7040. She is fluent in Punjabi and Hindi. She is available to address any questions or concerns regarding Alcoholic Beverage Control issues.