Forms - Hermosa Beach Liquor License News

Forms Page

This page contains protest forms
to use to oppose the issuance of liquor licenses.

Provided below is a copy of ABC's blank form, as well as one
to which DHLLN's standard protest grounds have been added.

To download one of these forms to your computer:

1. Set your display to "full screen;"
2. highlight the whole form or the portion you want;
3. copy it into a blank word processor document;
4. you may need to re-set the margins and the font - see note below.

You should then be able to edit it (if you wish) and print it.

If you write a protest from "scratch," please note that the "declaration under perjury"
must be present, or your protest will be rejected by the ABC.

A copy of your protest will be given to the applicant by the ABC.

More details about filling-out and filing protest forms, are below.

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ABC PROTEST FORM - BLANK

The form below is best suited for editing on your computer. If you would like the same form but in a format designed to be filled-out by hand or on a typewriter, the original pdf (portable document) version is available on the ABC website (see the DHLLN Link page), under Resources, Forms, Form 510.

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To:
STATE OF CALIFORNIA
Department of Alcoholic Beverage Control
3927 Lennane, Suite 100
Sacramento, CA 95834 Fax (916) 419-2599
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PROTEST AGAINST ALCOHOLIC BEVERAGE LICENSE APPLICATION
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I hereby protest the issuance of a license under the Alcoholic Beverage Control
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Act to (name of applicant)__FIREROCK I, INC., dba MEDITERRANEO for premises at
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(exact address of proposed premises)__ 73 PIER AVE ____,
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Hermosa Beach, CA 90254 on the grounds that:
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I, (name of protestant, printed)_________________________________, declare under penalty of perjury:
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(1) That I am the protestant herein; (2) That I have read the above protest and know the contents thereof; and (3) That the same is true of my own knowledge except as to those matters which are therein stated on information and belief, and as to those matters I believe to be true.
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(signature of protestant)_____________________________________
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Executed on (date)_______________ at (city)____________________California.
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(telephone number - optional)_______________________
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(address of protestant)_____________________________________________
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ABC-510 (1/02)
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PROTEST FORM WITH DHLLN'S STANDARD GROUNDS

To download the form below onto your computer:

1. Set your display to"full screen;"
2. highlight the whole form or the portion you want;
3. copy it into a blank word processor document;
4. if your word processor version of it has a lot of short broken-up lines of text, or won't fit onto two 8-1/2 x 11 pages, try reducing all four margins to .5 inches, reducing the type size to 10 points, and using a compact font such as CG Times or Times New Roman.

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To:
STATE OF CALIFORNIA
Department of Alcoholic Beverage Control
3927 Lennane, Suite 100
Sacramento, CA 95834 Fax (916) 419-2599
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PROTEST AGAINST ALCOHOLIC BEVERAGE LICENSE APPLICATION
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I hereby protest the issuance of a license under the Alcoholic Beverage Control
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Act to (name of applicant)_______________________________, dba ___________________________________for premises at
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(exact street address of proposed premises)______________________________________________,
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Hermosa Beach, CA 90254 on the grounds that:
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1. A license for these premises will result in or add to an over-concentration of licenses (approximately 4 times the countywide average). The "rationale" typically offered by the applicant and the ABC investigator ("it's a touristy area") for allowing this undue concentration is irrational in that it is not based upon objective criteria of any kind, and places no cap on the number of licensed premised that could be allowed in the area. Further, the license and business hours requested, or the absence in the City permit of any specification of business hours, and any provision to allow live entertainment, represent a much more intense use of the site than the previous use, and neighboring uses.
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2. The premises, and/or its parking facilities, are located in or adjacent to a residential area, and/or, the premises have insufficient parking on-site and the pedestrian access route to and from the premises from the premises' parking passes through a residential neighborhood. Operation of the premises under the requested license, particularly if this request includes a later closing time than is presently allowed at the premises or at other licensed premises nearby, or a change from beer and wine to full liquor, will cause residents to be affected by increased crime, late night noise and disturbances, and competition for parking.
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3. The applicant cannot establish, per Rule 61.4, that licensing of the premises will not interfere with the quiet enjoyment of local residences. Issuance to these premises of a conditional license, where the public is to be protected by the application of those conditions (and existing State laws) because "issuance of an unrestricted license would be contrary to the public welfare and morals," is a sham and a fraud upon the public, as in recent history the Department has not enforced, in the census tract of this license, the most important of the conditions imposed nor has it enforced State laws regarding underage purchases or drinking, and due to State budget restrictions, is even less likely to do so in the future.
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4. Operation of the premises under the requested license will tend to create or continue law enforcement problems and also will add to the existing law enforcement problems and to the existing concentration of assaultive violence, robbery, and forcible rape. (See "The Risk of Assaultive Violence and Alcohol Availability in Los Angeles County," Richard A. Scribner, et al., American Journal of Public Health, March 1995, http://www.ajph.org/cgi/reprint/85/3/335 , and see Hermosa Beach Police Department statistics, assault, at http://www.hbneighborhood.org/My%20Web/1%20HB%20CityNews%202006%2014.htm .)
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5. The premises are located within the immediate vicinity of religious, school, or youth facilities and normal operation of the premises will interfere with their functions, the factors being: (a) unruly activity, public drinking, and loitering on sidewalks and streets; (b) frequent closure of streets for alcohol-related or alcohol-sponsored outdoor events; (c) competition for parking (reduction of availability and increase of price).
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6. Licensing of the premises will add to, re-establish, or maintain, public nuisance in the area; specifically, it will be injurious to the health of, offensive to the senses of, and an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire neighborhood, including but not limited to: (a) those residences within hearing distance of the noise from the premises, its parking facilities, and its delivery and refuse collection vehicles; (b) those residents who will be exposed to cooking and refuse bin odors; (c) those residents living next to, sometimes with their bedrooms directly adjacent to, the pedestrian routes leading from the premises, said routes being places where assaults, robberies, and drunken acts of public urination or defecation and late-night loud and boisterous behavior can reliably be predicted. Licensing of the premises will also adversely affect a considerable number of other persons, who, per an independently conducted survey, noted they were not comfortable downtown (Hermosa Beach R/UDAT Study, American Institute of Architects, Cabrillo Chapter, October 1992, page 13, http://www.hermosabch.org/departments/pier/docs/RUDAT.pdf )
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7. The premises are located within the immediate vicinity of, and on the access route to, public recreational facilities, and normal operation of the premises will interfere with the functions of the recreational facilities, the factors being:
(a) unruly and dangerous activity on sidewalks and streets near the premises, said sidewalks and streets being a main access route to the recreational facilities, affects pedestrian access to the recreational facilities by persons less able to defend themselves; (b) the unruly and dangerous activity on sidewalks and streets near the premises, while well known to "locals," presents a hidden danger to visitors who may unwittingly use said streets and sidewalks to access the recreational facilities; (c) frequent closure of streets for adult entertainment and alcohol-related events results in the loss of all parking for the recreational facilities, or a great increase in the cost or inconvenience of that parking, which restricts vehicular access to said recreational facilities.
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8. If applicant is requesting a Type 23 license which includes beer and wine off-sale privileges, so-licensing of these premises violates the moratorium on the issuance of new beer and wine off-sale licenses.
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9. Based upon the Department's past actions, Protestant expects that the Conditional License the Department will offer to Applicant will not contain all of the following conditions, many of which are commonly found on restaurant licenses in urban areas, and which are necessary to ensure that the premises remain a restaurant and not a night club or bar.
a. The petitioner shall not operate a sports bar at the premises.
b. The premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in restaurants; that full menu of foods shall be available, at regular prices, during all hours that alcohol is sold, served, or consumed.
c. The sale of liquor shall be incidental to the sale and consumption of food and otherwise the sale of liquor alone is prohibited.
d. The sale of alcoholic beverages for consumption off the premises is strictly prohibited.
e. The quarterly gross sales of alcoholic beverages shall not exceed 50% of the gross sales of food (excluding alcoholic beverages) during the same period.
f. No reduced price alcoholic beverage promotions shall be allowed, examples being, but not limited to, "happy hours," "all you can drink" for a set amount, "two drinks for the price of one," and alcoholic beverages included as part of the price of a meal.
g. Alcoholic beverages shall be sold only by the single drink containing not more than 12 fl. oz. of beer, or 6 fl. oz. of wine, or 1 fl.oz. of distilled spirits. There shall be no sale of alcoholic beverages in multi-drink, multi-person or oversized portions or containers, examples being, but not limited to, by the "bucket," pitcher or "yard," or wine sold by the bottle or carafe.
h. All employees of the premises shall undergo the ABC L.E.A.D. training program as a condition of employment.
i. The total diagonal measurement of all televisions in the public area of the premises shall not exceed 52 inches.
j. Petitioner shall not require an admission charge or a cover charge, nor shall there be a requirement to purchase a minimum number of drinks.
k. There shall be no dancing or live entertainment.
l. On at least four (4) days of each calendar week, premises shall be open during normal lunch hours and shall provide a menu containing an assortment of foods normally offered for lunch, and on at least two (2) days of each calendar week, premises shall be open during normal breakfast hours and shall provide a menu containing an assortment of foods normally offered for breakfast.
m. The exterior of the premises shall be maintained free of graffiti at all times.
n. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages of signs which are clearly visible to the exterior shall constitute a violation of this condition.
o. On the patio, the petitioner shall only serve alcoholic beverages to patrons who are seated at a dining table.
p. The boundaries of the patio shall be clearly defined and designated by physical barriers to separate the patio from the public sidewalk and adjacent private property which is not under the exclusive control of licensee. These barriers and boundaries, as approved and designated on ABC 257, shall not be changed without prior approval of the Department.
q. On the patio, sales, service and consumption of alcoholic beverages, and any entertainment provided, shall cease at 10 p.m. on Friday and Saturday, and at 9 p.m. Sunday through Thursday.
r. The licensee or an employee of the licensee shall be present in the patio at all times that alcoholic beverages are being served or consumed.

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10. Applicant premises are located in a jurisdiction where there has been little enforcement, either by local police or the ABC, of the ban on underage drinking. During the same period, crime has occurred which could have been prevented had that ban been enforced. Applicant premises will admit persons under 21.
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I, (name of protestant, printed)___________________________________, declare under penalty of perjury:
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(1) That I am the protestant herein; (2) That I have read the above protest and know the contents thereof; and (3) That the same is true of my own knowledge except as to those matters which are therein stated on information and belief, and as to those matters I believe to be true.
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(signature of protestant)_____________________________________
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Executed on (date)_______________________ at (city)______________________ California.
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(telephone number - optional)_______________________
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(address of protestant)________________________________________________
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ABC-510 (1/02) HB Grounds (9/09)
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DHLLN'S INFORMATION RE: DATES/DEADLINES FOR FILING PROTEST FORMS; PROTESTS ARE NOT CONFIDENTIAL

Protests must be filed within 30 days of the date shown on the window poster*. The ABC is inflexible about their deadlines. Protests must be at any ABC office by 5 p.m. on those dates. Mailed protests are rejected if not received by the due date - even if they were postmarked well before then. The ABC accepts faxes (to (916) 419-2599); however, you must also get the original protest to them via mail, within 10 days of the fax date. If you wish to hand deliver your protest, the closest ABC office is in Inglewood's City Hall, at #1 Manchester Avenue, on the sixth floor, although it will be closing sometime during the Summer of 2008. The beach cities operations will be merged into the ABC's Lakewood office, 3950 Paramount Blvd., Lakewood. Full contact info for the ABC is on the Info / Resources page.

Protests do not have to be on ABC's form ABC-510 but must contain the name and exact address of the applicant premises and conclude with the same "Declaration under penalty of perjury" language as ABC-510 does, as follows: "I, (printed name) declare under penalty of perjury: That I am the protestant herein; That I have read the above protest and know the contents thereof; That the same is true of my own knowledge except as to those matters which are therein stated on information and belief, and as to those matters I believe to be true. Executed on (date) at (city) California. (Name, printed) (Signature of Protestant) (Telephone Number) (Address of Protestant)." If you're unable to download the forms from this site, you can get a blank form (no "grounds") faxed to you by calling the ABC at (562) 982-1337 (ask for ABC form #510), or you can find one on the ABC website (see the DHLLN Link page), under Resources, Forms, Form 510.

*The 30-day period to file a protest is measured, in calendar days, from the date shown on the window poster. But there are a couple situations where the protest period could be a little longer. (1) If the 30th day falls on a weekend or on a holiday observed by the State government, you have until 5 p.m. on the first work day (usually a Monday) following the weekend or holiday, to file your protest. (2) The applicant is required to mail a multilingual notice (ABC form #207-E) to each residential address within 500 feet of the premises. The protest period does not run out until 30 days after the date of that mailing, which often is several days later than the date the window poster was put up. Your local ABC office can tell you the date on which the mailing was made.

The latest pdf (portable document) version of these instructions is available at http://www.abc.ca.gov/FORMS/ABC510.pdf If the link does not work, go to the ABC website (address on the DHLLN Link page), then click on Forms, Complaint and Protest Forms, Form 510 Instructions.

Department of Alcoholic Beverage Control
State of California
GRAY DAVIS, Governor
Business, Transportation and Housing Agency
MARIA CONTRERAS-SWEET, Secretary

Disclaimer: This information is provided to assist you in complying with proper procedures. However, it is not intended to be a complete discussion of legal procedures. If you need further assistance, you may contact your local ABC district office or seek independent legal advice.

A person or business planning to open a new ABC-licensed business, change the ownership, or move an existing outlet to a new site must apply for the proper license at an ABC district office. As part of the process, notice must be given to the public and to local officials. This notice occurs in several ways:

• Public Notice — The applicant must post a white or yellow public notice (Form ABC-207 or -207-B) in a prominent place at the proposed premises for 30 days. (Sec. 23985 Bus. & Prof. Code)

• Written Notice by Mail — ABC mails a copy of the application to the sheriff, chief of police, district attorney, and city council (or the board of supervisors if in an unincorporated area). In some cases [applies to all new licenses and changes from beer and wine to full liquor], the applicant must also mail written notice to residents and owners of real property within a 500' radius of the proposed business. (Secs. 23987 and 23985.5 Bus. & Prof. Code)

• Newspaper Publication — Certain applicants must publish a notice in the local newspaper. (Sec. 23986 Bus. & Prof. Code)

Any person may protest an ABC license application. You must file your protest at any ABC district office within 30 days. The 30 days runs from whichever date is later:

• The date the applicant mails written notice to residents or owners of real property within a 500' radius

Protests received after 30 days cannot be considered. (Sec. 24013 Bus. & Prof. Code)

You may fax your protest. However, the original protest must be received by ABC within ten (10) days of the fax date.

You may contact the local ABC district office [phone (310) 412-6311] to find out the exact deadline for filing your protest or to speak with the assigned staff member about your concerns. Please provide the exact address of the proposed business and the applicant's name, if known.

A copy of your valid and verified protest will be given to the applicant. This is because the law requires the applicant be furnished with a "statement of issues" to be determined if a public hearing is scheduled (see Public Hearing). The statement of issues lists the grounds that form the basis for your objection.

1. The particular ground(s) for objection and the facts that support these objections.

4. A declaration signed by the protestant(s), as follows: "I (name of protestant), declare under penalty of perjury that I am the protestant herein; that I have read the above protest and know the contents thereof; that the same is true of my own knowledge except as to those matters which are therein stated on information and belief, and as to those matters I believe them to be true." This declaration is contained on Form ABC-510-A, which you may use to file your protest.

If a petition is circulated, the person circulating the petition should sign first. Each petitioner must sign an individual declaration. If the protest is made by a public officer, acting in his official capacity, the declaration under penalty of perjury is not required, but the protest should be on Department letterhead to show official capacity.

The California Constitution provides that the sale, purchase, and consumption of alcoholic beverages in licensed premises is legal. Therefore, ABC cannot deny a license solely because a protestant has personal beliefs against the use of alcoholic beverages— denial must relate to public welfare and morals. Some of the grounds of protest, which could relate to public welfare and morals, are as follows:

1. The premises is located within the immediate vicinity [within 600 feet] of a school, church, hospital, or children's playground and the normal operation of the licensed premises would interfere with their functions. (Be specific as to how the sale of alcoholic beverages will adversely affect the facility. Mere proximity to such a facility is not sufficient legal grounds to deny the license.)

2. The premises is located in a residential area [within 100 feet of residences] and the normal operation of the licensed premises would interfere with the quiet enjoyment of their property by the residents of the area. (Be specific as to how the sale of alcoholic beverages will adversely affect the residents.)

3. The premises or parking lot is located within 100 feet of a residence and the applicant has failed to establish that the operation of the licensed premises would not interfere with the quiet enjoyment of the property by the residents. (This only applies to premises that have not been operated with the same type license within 90 days of the application.)

4. Licensing the premises would create a public nuisance as defined in Penal Code Section 370, in that: (state specific facts leading to this conclusion).

5. Issuance of the license would result in or add to an undue concentration of licenses [downtown Hermosa has 4 to 5 times more licenses, per capita, than the countywide average]. (List any problems that existing licensed businesses in the area may be causing.)

6. The applicant is not the true or sole owner of the business to be licensed. (You must present testimony or other evidence as to the true ownership.)

The following are grounds usually cited by city or county enforcement agencies only. But they can be used by persons who have independent, adequate evidence of same:

7. Issuance of the license to the premises would tend to create a law enforcement problem or aggravate an existing police problem.

8. Licensing the premises would be contrary to the provisions of a valid zoning ordinance.

9. The applicant has been convicted of a felony, a crime involving moral turpitude, or one of the offenses listed in Section 24200(b) of the Alcoholic Beverage Control Act.

10. The applicant has a police record that disqualifies him or her for a license.

• For your protest to be more effective, it should be specific and not just a restatement of the above examples.

• Some people find it worthwhile to meet with the applicant before filing a protest. This lets the applicant know that someone is concerned about the proposed business. It gives the applicant a chance to respond to your concerns.

(a) Who is the applicant? Is the applicant a local business person in good standing? Has the applicant owned other licensed businesses in a responsible manner?

(e) Will the applicant have and enforce written house/store policies? For example, what are the applicant's plans for responsible marketing and promotions, safe rides, promotion of non-alcohol and low-alcohol drinks and food, checking identification of youthful patrons, drink limits, and crowd control/security?

• In some cases, the applicant may agree to certain assurances or conditions. For example, if there could be late-night noise, the applicant may agree that no alcohol will be sold after a certain time. If a compromise is reached, the parties should contact the ABC staff member assigned to the case. The staff member will draft the formal language of the license conditions.

After a person or business applies for the ABC license, ABC conducts a thorough investigation, as required by law. The ABC investigator or licensing representative looks into the applicant's personal history, their source of funds, the suitability of the proposed premises, and any issues raised in the protest(s). (Sec. 23958 Bus.& Prof. Code)

Interim Retail Permit. If ABC recommends approval of a protested license application, the applicant may apply for an Interim Retail Permit. This allows the business to sell alcoholic beverages pending the protest hearing and any appeals. (Sec. 24044.5 Bus. & Prof. Code) [Most applicants in Hermosa have received an interim permit several months, or more, prior to the protest hearing.]

Purpose. Under the California Alcoholic Beverage Control Act, a hearing must be held on a valid protest. This affords the applicant the right to meet the objections with any evidence he or she may have. However, the submission of your protest does not complete the matter. You will need to attend the hearing to present testimony and/or evidence to support your protest.

Time and Place of Hearing. The hearing will take place typically within 60 days of the submission of the Report of Investigation to ABC Headquarters in Sacramento. [Typically, the hearing occurs about a year after the premises was first posted.] It will be held in the county seat for the business. However, if the governing body of a city files an official protest, the hearing shall be held within such city.

After the hearing. After the hearing, the administrative law judge will take the protest under advisement. The judge will make a ruling, usually within 30 days, for review by the ABC Director. ABC may adopt or reject the proposed decision of the judge.

Once ABC has rendered a decision, any party to the matter may appeal the decision to the ABC Appeals Board, an independent, three member Board appointed by the Governor.

The ABC Appeals Board decision can then be appealed to the State Court of Appeals and to the State Supreme Court.

• If you are protesting with a group, decide who will speak on behalf of the group at the hearing. [This is not required - any number of protestants can speak.] An attorney is not needed for this role. In fact, local community members may be most effective in raising community issues.

• To be most effective, all presentations should be short and concise and not repeat other presentations.

• Protestants may submit testimony and other evidence such as graphs, tables, pictures, photographs, video tapes, etc. These items do not need to be professionally done. However, because this hearing is a legal proceeding, any evidence submitted is subject to objection. The judge will be able to study any written materials entered into evidence.

For the location of the ABC district office nearest you, consult your phone directory [(310) 412-6311] or visit our website at www.abc.ca.gov

DOWNTOWN HERMOSA LIQUOR LICENSE NEWS (DHLLN)
P.O. Box 264, Manhattan Beach, CA 90267
website: www.killthegoose.com