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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118230
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Can a type 48 bar in California, be run by a convicted felon

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Can a type 48 establishment in California, be run by a convicted felon. This is an enterprise owned by an LLC that was funded via a PPM with 50/50% share division between the operating members and investing members (silent)). Recently (in this last year) The chief operating member of the management body was convicted for felony embezzlement in Nevada. It turns out he was arraigned and charges were first pressed long before the application for the liquor license was submitted and withheld from other operating members and the entire investment body.  This includes a total of 6 felony counts of theft and embezzlement filed against him between february and september 2010. However, he was indicted in December 2011, three months after the establishment finally opened and license granted.  He was ultimately convicted as well in 2012.  His ownership has been "openly" concealed by the disbursement of all his shares to family members.  Yet it can be clearly and irrefutably proven over a two year period via the internal language and his participation in the extensive email correspondence between our operating group, that he has always been and still remains, the de facto boss over everybody in the operating membership, worse than that, any dissension has resulted in that members illegal ousting from operating ability. Is his continuing participation legitimate?  Is the concealment in the ABC application a prosecutable offense? If everything stated above is the absolute truth.... then what steps should one take to begin the process of his (and hopefully his cronies???) forceful removal?

Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under the CA laws, a convicted felon cannot possess a liquor license unless they have received a certificate of rehabilitation from the court, which means their sentence, including all probation, must have been successfully completed for 5 years before they can file in court for such a certificate.

If he has lied on his liquor license application, which is made under penalty of perjury, he can be charged with perjury and sentenced to up to 4 years for that. He could also be charged with falsifying public records which also carries a sentence of up to 4 years.

Any false statements or perjury need to be reported to the DA's office and the Liquor board and they will immediately suspend the license and the DA will investigate for prosecution.

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Customer: replied 4 years ago.

Thank You for your response.

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