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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26762
Experience:  Began practicing law in 1992
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I am being denied my beer and wine license in California for

Customer Question

I am being denied my beer and wine license in California for an offense he commited almost 20 years ago and 15 years before I ever met him. I invested all my life's savings and a future pension with the County and I'm being withheld from success. My husband only contributing service at the present time and it looks like I will need to divorce him to not lose my livelihood as well. Is that the only answer?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

They are denying a license to you because of a conviction of your husband?

JD 1992 :

Is that the reason they specified in the letter of denial?

JD 1992 :

If so, does he have any specific connection with the business other than being married to you?

Customer:

The agency supervisor called him to inform him that his charge was a deniable offense and basically verbally said we would be denied. He has no other affiliation to the business except by marriage. All leases, dba's, bank accounts have been in my name only due to the state of our marriage. He only contributes the waiter service and some of his tips to help out.

Customer:

We were not together until he asked to help me this past January so he was required to be on the application due to marriage despite all my objections.

JD 1992 :

Who told you he had to be on the application?

JD 1992 :

Also, is this a corporation? Are you the only owner of the business?

JD 1992 :

The website is also having some problems tonight and it is taking me a while to pick up on questions. I have several different avenues that you can pursue but please be patient since I have been unable to pick up for a couple of hours at a time. If it continues I will try again tomorrow morning and we'll keep working on your question until we get everything answered.

Customer:

Thank you for you time and patience despite the website problems. The licensing agent told me he had to be on the license. I am the sole owner in all other transactions and legal aspects. I was told it is the law to include your spouse as a partner of the business.

JD 1992 :

I don't necessarily agree with that being a correct interpretation of the law across the board. I think they are saying that because CA is a community property state but there are ways to address the issue. First, you can do a post-nuptial agreement whereby he agrees that he doesn't own any of the business. Second, you could form a corporation that owns the business and which he doesn't own any stock in. Third, there are due process issues with the state denying your license based on your husband's record from before you even knew him.

JD 1992 :

I think you may have to play a little hardball with them and you're probably going to have to get a lawyer involved but I think you have several different avenues to get around a denial. There may be even more than what I've named here that would pop up when the facts are completely evaluated.

Customer:

Sounds like a divorce is easier. I'm not sure if a post nuptial will be accepted and the intimidation factor with these agents are horrendous. The application process has been a torture; so basically let a lawyer handle it is your answer?

JD 1992 :

Yes. The agents are bullies, used to running over people who have no power to oppose them. Hiring a lawyer removes that advantage since the lawyer can take them to court to achieve what they want and once they do the agents no longer have any power. In your case there are many ways to achieve your purpose and so you should let the lawyer pursue them all for you. It may be that the lawyer can get the agents to just back off and grant your license without ever having to file a case. Once the lawyer gets involved there is a reasonable chance that the case will be transferred to the legal department or the Attorney General and they are easier to deal with.

Customer:

What type of attorney do I retain?

Customer:

How expensive can this turn out to be with attorney counsel and is it possible?

JD 1992 :

Look for an attorney who does civil litigation or has a general practice.

JD 1992 :

The price can rage greatly depending on what route you pursue.

JD 1992 :

However, there are several different ways to go about it and one of them will certainly work.

Customer:

Thank you for your impeccable assistance.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26762
Experience: Began practicing law in 1992
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