Here at Serving Alcohol Inc., we are asked lots of questions regarding the sale and service of alcohol. We are a nationwide provider of seller server certifications that allow bartenders and wait staff to sell and serve alcoholic beverages to customers on-premise and off-premise (bar and restaurants vs. convenience stores, gas stations, and liquor stores). We train tens of thousands of people annually, and questions always come up about alcohol certifications vs. bartender licenses vs. liquor licenses vs. mixology (the art of mixing drinks). We offer alcohol certification and bartending licenses. We have an introductory mixology course with our Behind The Bar Experience course if you want to learn the art of using a shaker or how to make a mean martini.
Owners and managers prefer to hire people who take their craft seriously to serve their patrons courteously while protecting them, the premises, and the community. Your employees' choice of words to customers helps control the business as they act on your and the community's behalf. Take the time to train your staff and quiz them on your posted house policy. Your staff’s control over their environment is the only thing that protects everyone else. Employee knowledge is the most essential aspect of preventative training.
However, if you are looking to set up a bar or restaurant or currently own a food establishment and want to be able to serve and sell alcoholic beverages, then follow along. We will do our best to go through what you need and what you have to do.
First, what type of business do you have, and what are you attempting to do? Off-premise refers to stores that only sell alcohol to be consumed elsewhere, such as convenience stores, liquor stores, gas stations, and grocery stores. On-premise refers to serving alcohol to customers visiting your establishment.
In California, the terms ‘On-Sale’ and ‘Off-Sale’ are the same as the terms ‘On-Premise’ and ‘Off-Premise.’ Second, you must obtain the city's approval for the establishment to be set up and connected. The quicker you get the city and state approvals, the quicker you can begin doing business.
Why does it matter whether your customers drink at your establishment or buy alcohol to take with them? It matters a great deal. The type of alcohol permit is always given first at the state level and then the local city.
In California, liquor laws, regulations, and ordinances are overseen by the California Department of Alcoholic Beverage Control. They are responsible for the enforcement of the laws, and they are the ones who will issue permits and licenses and perform evaluations. They have the authority to close down establishments that do not comply with state laws and regulations. Serving Alcohol Inc. had to submit and be certified by the California ABC, both English and Spanish versions, of our online California RBS Training programs. The California ABC (Alcoholic Beverage Control) provides oversight and the legal framework put in place by the California State Legislature.
When you go to the state’s
Responsible Beverage Service website, you will see that California ABC defines the types of liquor licenses and permits for on-sale and off-sale. Still, the permits must specify what type of alcoholic beverages you will be sold.
Another category in the state of California is those who produce alcohol. California is world-renowned for its
wineries, which require permits and licenses to operate.
This article focuses on a Retail License, an 'On-Sale' Permit, or Type 47. During the permitting process, the state will ask you to specify the type of alcohol you sell, as the permit will determine what you can and cannot sell. In California, the first type of retail license we will discuss is the 'On-Sale General.' The on-sale general license will allow you to sell the three types of alcoholic beverages defined by the state of California: beer, wine, and distilled spirits (liquor).
The difficulty in obtaining a Type 47 license starts with the fact that in 1939 (and still in use today), the amount of on-sale general permits was limited to one license per every 2,000 residents in a given county. When deciding to go for a Type 47, you must know that at least 51% of your sales must be from food; the establishment “must be a bona fide eating place.” When applying for a Type 47, you may very well be denied in that county if the county has already reached the current limit.
Assuming you move forward with a Type 47 license, there is an application fee due to the State of California. Here is a link for the types of fees and the corresponding permits.As you will notice, there are also fees involved in transfers and changing the type of permit you have to a different form. An initial application for a Type 47 permit costs $7,060 at this time. Depending on your county, there may be a lottery for Type 47 permits. In reality, you will likely have to buy an existing license from someone who owns a Type 47 and wants to sell, which will be more expensive since you're taking over an existing business.
Beyond just buying a California liquor license, the state also places the following requirements on business owners:
If your application is denied, your application fee is gone. The California ABC does not refund your application fee. The same situation applies if you fail the background check. You need an attorney in the community to assist you if you need to be made aware of the process.
The whole process can take several months and should be carefully considered. Approvals are not just limited to the California ABC. You will also need approvals from the
City and the
local police department.
This license type is subject to Responsible Beverage Service (RBS) requirements and requires alcohol servers and managers of alcohol servers to have their RBS Certification.
California also has permits for various other types of alcohol, how they are sold, and the regulations and requirements to obtain these licenses. We will be providing upcoming articles on these types of permits. Our next article in the series will be about the brewpub license. This license allows for the sale of distilled spirits, but the catch is that you must brew 100 barrels of beer annually.
This Type 75 license does not have a limit such as a Type 47 (one location per every 2,000 residents in a given county), and that’s the reason it’s so appealing to those who realize they would otherwise have to buy a Type 47 from an existing owner on the open market. We will also be covering beer and wine permits in our upcoming series. The duty to care is the key to progress and a future.
Asking the city clerk for help to develop a proactive checklist is always a good start!
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