Q: ABC has the power to impose, withdraw conditions from a license. Local law enforcement can protest, but it’s ABC’s call.
I filed for a Type-21 alcohol license in the year 2021. Another business did so the same year. We both received a license. Their license had no size restrictions. I assumed the county lets new licenses sell all sizes. When I asked ABC why the other applicant was allowed to sell all sizes they stated I was in a bad area despite being 5 minutes a part. I did my research and the crime rate is similar, but theirs may be worse than mine. Someone in ABC intentionally dropped the restriction from their condition list. Maybe a bribe, maybe public records would show email communications. I am left barely able to compete as their license was also over concentrated, I am not in an over concentrated area. Similar size store. We are 3-5 minutes a part from each other. My customers are going to their location. It is unfair competition. I believe ABC is also using local law enforcement to create bottle restrictions as a means to hide behind them.
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- California
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A:
You have a valid concern about potentially unfair treatment in licensing conditions. The fact that two similar businesses received different restrictions despite comparable locations and crime rates could indicate inconsistent application of ABC's policies or possible misconduct.
You might want to file a Public Records Act request to obtain communications between ABC and the other business, focusing on the decision-making process for their license conditions. This could reveal any irregularities or explanations for the different treatment. Additionally, consider gathering crime statistics and demographic data for both areas to build a case showing the similarity of the locations.
Your best course of action may be consulting with an attorney who can help challenge these disparate conditions through administrative appeals or legal action. The attorney could argue that ABC's decisions were arbitrary or discriminatory, especially given the proximity and similarities between the two locations. You could also consider filing a formal complaint with ABC's oversight bodies or reaching out to your local elected representatives who might be able to inquire about this situation on your behalf.
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