Table 1 SPRinG 2016 California Hotel & Lodging Association 23 LiCenSe TYPE deSCRiPTion 47 on SALe GeneRAL—eATinG PLACe (Restaurant). Authorizes the sale of beer, wine and distilled spirits for consumption on the licenses premises. Authorizes the sale of beer and wine for consumption off the licenses premises. Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. 48 on SALe GeneRAL—PuBLiC PReMiSeS (Bar, night Club). Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not required. 67 Bed And BReAKfAST inn. Authorizes the sale of wine purchased from a licensed winegrower or wine wholesaler only to registered guests of the establishment for consumption on the premises. no beer or distilled spirits may be on the premises. Wine shall not be given away to guests, but the price of the wine shall be included in the price of the overnight transient occupancy accommodation. Removal of wine from the grounds is not permitted. Minors are allowed on the premises. 70 on SALe GeneRAL—ReSTRiCTiVe SeRViCe (i.e., limited service hotels). Authorizes the sale or furnishing of beer, wine and distilled spirits for consumption on the premises to the establishment’s overnight transient occupancy guests or their invitees. This license is normally issued to “suite-type” hotels and motels, which exercise the license privileges for guests’ “complimentary” happy hour. Minors are allowed on the premises.1 80 Bed And BReAKfAST inn—GeneRAL. Authorizes the sale of beer, wine and distilled spirits purchased from a licensed wholesaler or winegrower only to registered guests of the establishment for consumption on the premises. Alcoholic beverages shall not be given away to guests, but the price of the alcoholic beverage shall be included in the price of the overnight transient occupancy accommodation. Removal of alcoholic beverages from the grounds is not permitted. Minors are allowed on the premises. alcoholic beverages in an area primarily designed and used for the sale and service of food for consumption on the premises as an incidental part of their overall duties. These minors cannot act as bartenders. Must a manager of an on-sale licensed business have the same qualifications required of a licensee? yes. Anyone to whom a licensee delegates discretionary power to organize, direct, carry on, or control operations of the licensed business – which can include a management company – is presumed to be the manager of the business and must be licensed as such. Is a licensee responsible for illegal acts of bartenders or other employees? yes. A license may be suspended or revoked if an employee violates the Act or ABC’s regulations. Whether or not the employee and licensee are also guilty of a crime depends on the facts in each case. What if I or one of my employees violates the Act? • Administrative penalties. if ABC has evidence of a violation involving a licensee or a licensed premises, it will file an administrative complaint, called an accusation. An accusation, if proven, will lead to the suspension or revocation of the license. • Criminal penalties can result from violations that are criminal offenses. For example, the sale or service of alcoholic beverages to a minor or an obviously intoxicated person is not only grounds for an accusation, but constitutes a criminal offense. Thus, the seller/server could be arrested, charged with a crime, and face a fine, community service work or imprisonment in county jail. • Civil penalties are money judgments and penalties resulting from a lawsuit or a permanent injunction sought by ABC or a local district or city attorney. Are there resources that can help me conduct my alcoholic beverage activities in a safe and lawful manner? yes. ABC has issued “Model House Policies—A Guide to developing Responsible Business Practices for On-Sale Licensees.” (https://www. abc.ca.gov/FORMS/ABC620A.pdf) Also, ABC’s L.E.A.d. (Licensee Education on Alcohol and drugs) program provides on-site training for licensees and their employees on how to prevent sales to minors and other violations. (http://www.abc.ca.gov/programs/ Lead%20webpage.html) Hotels can also use private training providers. (https://www.abc.ca.gov/ programs/Approved%20RBS%20Training%20 Providers%20with%20disclaimer.pdf) Is a retail licensee required to close the doors of the licensed premises and not serve alcoholic beverages during the hours that an election is being held? no. The Legislature has repealed the law that prohibited sales on election days. CH&LA and CABBI members who need more information are free to contact our Member Legal Advisor, Jim Abrams, at jim@calodging.com.
CH_LA Lodging News Spring 2016
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