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Can you tell me what is the exact form I need to do the

transfer of the license 20...
Can you tell me what is the exact form I need to do the transfer of the license 20 and 17 I bought?
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Customer reply replied 1 month ago
Should I do the transfer both at the same time?
Customer reply replied 1 month ago
Is there a cost?
Answered in 2 hours by:
3/13/2018
Attorney Wendy
Attorney Wendy, Attorney
Category: Business Law
Satisfied Customers: 541
Experience: Member at Keefer & Keefer LLC
Verified

Without seeing the actual licenses you are wanting to transfer and without knowing if you want them transferred to you individually or if you are going to form an entity and want the licenses transferred to that entity, I can't determine the exact form, and even with that information it is often better to have the local ABC district office determine what form it believes you should use as they will be the ones processing the application. I can give you a summary of the steps you should take: The easiest and best way to ensure you provide everything that is necessary is to visit your nearest ABC District Office. The staff there will ask you several questions to determine the exact license you are wanting transferred and can then tell you what forms and fees will apply. The staff would also be able to tell you if you can seek to transfer both licenses or if you must select which license you wish to have transferred; as I mentioned previously being issued licenses both to distribute and to sell retail is not commonly permitted. Depending on the exact situation there may be things you are required to do before the application will be processed and the investigation into the transfer will being (e.g., zoning approval from local officials that the location where you intend to operate allows the sale of alcoholic beverages, you may be asked to file a Notice of Intended Transfer with the County Recorder, and you may be required to open an escrow account where funds will be placed to guarantee certain payments like taxes). Whether these types of additional acts will be required will depend on the license being transferred and where you intend to operate. At one time, and this may still be done, the local office also had you view a video on ABL laws; so you can't generally apply for a transfer online or by mail. It is possible - again depending on the status of the license you wish to have transferred and where you intend to operate - that you may be issued a temporary permit to operate while the investigation into your transfer request is completed. The temporary license is good for 120 days.

I am beginning to have concerns about the person who sold you these licenses and that you were not fully told all that would be required to be able to start a business utilizing them. Generally, you only need or should purchase beer and wine licenses in California after you determine that the license exists in an area that is over concentrated with such licenses such that the ABC will not issue any more for that area (in other words, in some areas a moratorium has been put on issuing any more license type 20; so you would need to purchase from an existing licensee and couldn't just go to the ABC and get your own new license). That said, you generally only purchase that license once you have a lease or a letter of intent from a landlord to occupy the location where you will operate. It does not sound like you have an actual business location yet (if you do that is great); the local ABC office will be able to tell you if that is necessary prior to transfer; you may be able to get an answer to that question by calling them before you take the other steps so that if it is required you can secure that first. There will be fees for the transfer and there may also be fees to the city in which you intend to operate if that city requires a special use permit to operate a business that sells alcohol. Transfer and license fees are generally in the $500-1000 range with renewal of the license at regular intervals being around $250. Fees for zoning approval, however, can be much more expensive depending on the city in which you will operate.

The best thing is probably to make sure you know where you intend to operate and to secure either a lease or letter of intent from the landlord; to visit your local city or county business and permitting office to determine if zoning is appropriate and if any other permits are required from the city - separate and apart from the type 20 - and then go to the ABC office to start the transfer paperwork. This can all be very tricky and you want to make sure you have everything the ABC needs and wants to process the application correctly. Thus, establishing a good relationship with that office can be incredibly important as you go through the transfer process.

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Customer reply replied 1 month ago
License 17
Customer reply replied 1 month ago
License 20
Customer reply replied 1 month ago
This is a small wine company that uses these licenses to sell online and events. There is no actual store front that is used
Customer reply replied 1 month ago
The business model basically is from home, I do events for weddings etc and have a website to sell online

So the licenses you sent raise additional issues. I feel badly that every time you have another question I have more hurdles for you but it is better to know upfront. Both of these licenses expired on Nov. 30, 2017. If a license is not renewed within 60days of the expiration date, the license is canceled. There is one additional 30-day period to reactivate the license, but if that time period passes, the license is revoked. It has now been more than that 90-day period (which expired Feb. 28). You, honestly, may be better off going to the local ABC office and describing your business and having them tell you which license type is best and walking you through the application process. For example Type 85 is specifically for online Internet sales of wine; that is a California license but it does not permit you to sell wine to Internet customers outside California unless you obtain licenses in the states into which the wine/beer would be shipped. If you will be providing beer/wine as a licensed caterer you would need Type 41 or 42 and then would need an ABC 218 for the actual event. I am happy to continue helping you but I also think, at this point, you may wish to consult an attorney in your area to be sure you are getting the permits and licenses you need to actually conduct the business you are hoping to have. It is possible, depending on how long the prior owner of the licenses was in business, that the 17 and 20 were sufficient and thus they simply renewed them year after year, but I am not sure these are what you need. And, at this point, they likely have been revoked by the California ABC unless you or the prior owner paid for and received a renewal of them. I do apologize this area of the law is super complicated and that is the case in all states. The government keeps very tight control on the production and sale of alcohol.

Attorney Wendy
Attorney Wendy, Attorney
Category: Business Law
Satisfied Customers: 541
Experience: Member at Keefer & Keefer LLC
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Customer reply replied 1 month ago
I know I did renew them
Customer reply replied 1 month ago
This are from last year
Customer reply replied 1 month ago
Ok thank you anyway
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