DHLLN
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formerly
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Protest Form
You do not have to
use the
ABC's standard form. But if you write a protest
"from scratch," please note that a "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.
ABC's
fillable protest
form to use to oppose the issuance of liquor licenses.
Official
instructions
for the form.
Provided below is a
copy
of ABC's form modified
for editing on your home computer, and another 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.
More details about filling-out and filing protest forms, are below.
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ABC PROTEST FORM - BLANK
The form
below is the online fillable form of 07/08 (linked above) but
modified
for editing on your home computer.
Mail it
to:
STATE OF
CALIFORNIA
Department of Alcoholic Beverage Control
3927 Lennane, Suite 100
Sacramento, CA
95834
Fax
(916) 419-2599
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Department
of
Alcoholic Beverage Control State of
California
PROTEST AGAINST ALCOHOLIC BEVERAGE LICENSE APPLICATION
•Please
refer
to Form ABC-510, Instructions for Protesting an Alcoholic
Beverage License Application, before
completing and submitting your protest. The ABC-51 0 can be
found at
www.abc.ca.gov.
•Please print legibly or type. Incomplete and/or illegible
information
will cause the protest to be rejected.
•You will be notified by letter regarding a hearing on your
protest.
You will need to attend the hearing to testify and/or
present evidence
to support your protest.
•A copy of your valid protest, including your name and
address, will be
provided to the applicant as a public record and a right of
discovery
for a protest hearing.
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I hereby protest the issuance of a license under the Alcoholic
Beverage
Control
-
Act to (name of applicant) ______________________________ for
premises at
-
(exact address of proposed premises) __________________________,
-
Hermosa Beach, CA 90254 on the grounds that:
-
-
-
-
-
(You may attach additional sheets or expand this area.)
-
-
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I, (name of protestant, printed)
_________________________________,
declare under penalty of perjury:
-
(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.
-
(signature of protestant) _____________________________________
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Executed on (date) _______________ at
(city) ____________________California.
-
(telephone number - optional) _______________________
-
(address of protestant)
_____________________________________________
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ABC-510 (07/08)
-
-
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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
-
PROTEST AGAINST ALCOHOLIC BEVERAGE LICENSE APPLICATION
-
I hereby protest the issuance of a license under the Alcoholic
Beverage
Control
-
Act to (name of applicant)_______________________________, dba
___________________________________for
premises at
-
(exact street address of proposed
premises)______________________________________________,
-
Hermosa Beach, CA 90254 on the grounds that:
-
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.
-
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.
-
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.
-
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
.)
-
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).
-
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 )
-
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.
-
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.
-
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
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:
-
(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.
-
(signature of protestant)_____________________________________
-
Executed on (date)_______________________ at
(city)______________________
California.
-
(telephone number - optional)_______________________
-
(address of
protestant)________________________________________________
-
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
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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
ABC's
Lakewood
office, 3950 Paramount Blvd., Lakewood. Full contact
info
for the ABC is on the Info / Resources page.
The ABC will give the applicant a copy of your protest.
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
sometimes 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.
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DOWNTOWN
HERMOSA LIQUOR LICENSE NEWS (DHLLN)
website: www.vivahermosa.com