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Factors considered in a liquor license suspension or revocation

| Apr 25, 2021 | Uncategorized |

In California, if you own a bar or restaurant and want to serve alcohol, you will need to obtain a liquor license. This license from the state permits a business to serve alcohol, which can be a very lucrative financial endeavor. However, what if due to an error or mistake? you are facing the suspension or revocation of your liquor license?

Aggravating factors in a liquor license suspension or revocation

The California Constitution gives the Department of Alcoholic Beverage Control the authority to suspend or revoke a liquor license if permitting it continue would go against public welfare or morals. There are several aggravating factors that may lead to harsher penalties.

One aggravating factor is being previously disciplined before for a violation regarding your liquor license. A second aggravating factor is having received prior warning letters regarding a violation of liquor license. A third aggravating factor is whether the license holder’s involvement was an issue. A fourth aggravating factor is whether the bar or restaurant is in a high crime area. A fifth aggravating factor is if you have not cooperated with the investigation. A sixth aggravating factor, if you served alcohol to a minor, is the appearance and actual age of the minor. Finally, a seventh aggravating factor is a continuing course or pattern of conduct.

Mitigating factors in a liquor license suspension or revocation

It may seem as if it is difficult if not impossible to fight a liquor license suspension or revocation. However, this is not always true. There are several mitigating factors that could lead to lesser penalties or no penalties at all.

One mitigating factor is how long you have had a liquor license without being disciplined or having other problems. A second mitigating factor is any positive action you took to correct the issue. A third mitigating factor is documentation of training for both you and your employees. Finally, a fourth mitigating factor is whether you cooperated with the investigation.

Learn more about license suspensions and revocations

If you are facing the suspension or revocation of a professional license such as a liquor license, you may have many concerns. This post is for educational purposes only and does not contain legal advice. Those interested in learning more about this topic are encouraged to explore our firm’s website for further information.