California > Statewide > Department Of Alcoholic Beverage Control
Priority Application Questionnaire ABC-521-1 - California
| Priority Application Questionnaire Form. This is a California form and can be used in Department Of Alcoholic Beverage Control Statewide . |
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Department of Alcoholic Beverage Control ISSUANCE OF ORIGINAL AND INTERCOUNTY TRANSFER OF ON-SALE GENERAL AND OFFSALE GENERAL LICENSES State of California Edmund G. Brown Jr., Governor Instructions: Please read this entire form before filing your application. INTRODUCTION: Licenses to sell beer and wine are available year-round from the State if the applicant and the premises qualify. However, general licenses, which authorize the retail sale of beer, wine and distilled spirits, are restricted in number and are authorized to be issued originally and via inter-county transfer only once per year, based upon population vs. existing license ratios within each county.1 Where there are more applicants than licenses available, public drawings are held and "priority" rankings are assigned. Licenses applied for and issued via the priority system are subject to unique requirements and restrictions. The only other way to obtain a general license is to purchase an existing license from someone who has one already within the same county. PRIORITY FILING PERIOD: During the period of September 12 - 23, 2011, ABC offices will accept applications for priority licenses in eligible counties (see page 6). PRIORITY APPLICATION FEES: Original On-Sale General Original Off-Sale General Inter-county Transfer On-Sale GeneralInter-county Transfer Off-Sale General$13,800 $13,800 $6,000 $6,000 The priority application fee must be paid by certified check, cashier's check, or money order only. Additional fees (i.e.; fingerprint, annual fees, etc.) are to be collected at the time of filing the formal application. Unsuccessful drawing participants, as well as applicants whose priority applications are withdrawn or denied, will receive a refund of the application fee, less a $100 service charge. If an applicant owes money to California taxing agencies (Board of Equalization, Franchise Tax Board or Employment Development Department), a claim against the priority application fee may be made by the taxing agency. If such a claim is made, the amount owed will be deducted from the priority application fee at the time of refund and remitted to the taxing agency. NAME(S) ON PRIORITY APPLICATION: The application for a priority license must include the names of all persons or entities who have an ownership interest in the priority application or in the business to be licensed. Failure to do so is grounds for disqualification and loss of priority status. There can be no "hidden owners" or "silent partners". Article XX. Section 22 of the State Constitution and Sections 23793, 23816, 23817, 23821, 23954.5, 24070, and 24072 of the ABC Act. 1 ABC-521 (8/11) 1 American LegalNet, Inc. www.FormsWorkFlow.com RESIDENCY: To be eligible to participate in a priority drawing, an applicant must have been a resident of California for at least 90 days prior to the date of the drawing. If a drawing is necessary, an applicant for a priority license will be required to prove residency via submission of the below described documents: · · · Individuals -- Proof of residency can be established via documents such as a California Driver License, utility bills, voter registration, etc. Partnerships -- Each partner must provide proof of residency; see information under "Individuals", above. Corporations -- The 90-day residence begins with the date its Articles of Incorporation are filed with the Secretary of State. For out-of-state corporations, the 90-day residency begins with the date registered with the Secretary of State to do business in California. Limited Partnerships -- The 90-day residency begins with the date the form LP-1 is filed with the Secretary of State. For out-of-state limited partnerships, the 90-day residency begins with the date registered with the Secretary of State to do business in California. Limited Liability Companies -- The 90-day residency begins with the date the form LLC-1 is filed with the Secretary of State. For out-of-state limited liability companies, the 90-day residency begins with the date registered with the Secretary of State to do business in California. · · FILING THE PRIORITY APPLICATION: Applications may be filed in person by going to one of the ABC offices listed on Page 7 or by mail. You may file your application at the local ABC office overseeing the county where your proposed premises will be located, or at any local ABC office that is more convenient for you. During the priority period, ABC offices will be open Monday through Friday from 8:00 a.m. until 5:00 p.m. Deadline: In person: On Friday, September 23, 2011, only those applicants within the doors of the office by 5:00 p.m. may file priority applications. By mail: Your envelope containing Items (1) through (2) below must be postmarked on or before Friday, September 23, 2011. The following items are required: (1) Fee - certified check, cashier's check or money order, payable to: Alcoholic Beverage Control. (2) Form ABC-521-1, Priority License Application To be completed in full by all applicants, including previously qualified `P-12' licensees. The application requires a single signature on behalf of the applicant entity. If not signed in the presence of an ABC employee, the application must be notarized. In signing Form ABC-521-1, the applicant agrees to comply with conditions and requirements unique to the established priority licensing process. Failure to comply with the conditions and requirements may result in automatic withdrawal of the application and cancellation of an applicant's priority position. An incomplete or inaccurate application will not be accepted and will likely make the applicant ineligible for a priority license. ABC-521 (8/11) 2 American LegalNet, Inc. www.FormsWorkFlow.com CONDITIONS AND RESTRICTIONS: Applicant: No person or entity who files for a priority license may have an interest in any other priority application for the same type of license in the same county and drawing. However, an applicant for an original general license may also file an application for the inter-county transfer of a general license of the same type in the same county. Applicants may not pool funds to file more than one priority application for the same type of license and transaction. A married couple may file only one priority application for the same type of license and transaction. No corporation, limited partnership or limited liability company may file a priority application if it holds the controlling interest in another entity that
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