ABC-209 Instructions

General Information

• Type or print clearly in black or blue ink (do not use red)
• Acronyms or form numbers used in these instructions:

BPC  – Business & Professions Code

CCR –  California Code of Regulations

211 – Application for ABC License

Instructions

Item 1 (Applicant’s Name) — List the name of the applicant. If the applicant is an individual, list first name, middle name (if applicable), then last name. For a general partnership, list the name of each individual partner. For a limited partnership, limited liability company, or a corporation, list the full name of the entity.

Item 2 (Applicant Premises Address) — Enter the address where the license was to be issued.

Item 3 (License Types Being Withdrawn) — Enter numeric designation (e.g., Type 20) or a description. Only enter the license type that is going to be withdrawn, not all the license types that were applied for or existing.

Item 4 (Transaction Type) — Check the box for the type of transaction. If Other, enter the type of transaction.

Item 5 (Seller’s Name) – If this is a transfer, enter the name of the licensee. For a limited partnership, limited liability company, or a corporation, show the name of the entity. List the address where the license is now issued.

Item 6 (Seller Premises Address) – List the address where the license is currently issued.

Item 7 (Reason for Withdrawal) — Enter the reason(s) for withdrawal of application or license type.

Item 8 (Refund Information) — Check one of the three boxes.

• If any amount of the license fees paid is refundable (see Business and Professions Code section 23320, subsection (c)), the refund will be credited on any taxes then due from the applicant under Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code or the Sales and Use Tax Law. (Business and Professions Code section 23959.)
• ABC will make payment of any remaining refundable portion of the license fees by check payable to the applicant or applicant entity shown on Form ABC-211 (only two names maximum will appear on the check). ABC will make the refund payable to another person or entity only if you provide acceptable documentation to ABC that another person or entity paid the license fees. Documentation may be a copy of the front and back of a canceled check. You should mail any refund documentation to ABC Headquarters, Attention: Revenue Unit, 3927 Lennane Drive, Suite 100, Sacramento, CA 95834. The documentation must be received within 15 days of the date Form ABC-209 is signed.
• If applying the refund to a supplemental application, the supplemental application must be submitted and have an application number prior to submission of the Application Withdrawal Form ABC-209.

Item 9 (Mailing Address for Refund) — Show where you wish to receive the refund. This may be different from the premises address. Business and mailing addresses are public information and are available to the public. Please consider this, especially when listing a mailing address.

Item 10 (Applicant Signature) — If the applicant initiates the withdrawal, one person may sign on behalf of the applicant. This must be the individual, a partner, corporate officer, limited liability company member or managing member. ABC will send a letter to the seller notifying them that the application has been withdrawn. There is a ten (10) day waiting period before the withdrawal is processed. When ABC has approved a transfer under BPC § 24044 (premises under construction), both the seller and the applicant must sign the Form ABC-209. However, if ABC transfers a license under CCR § 64(b) (premises under construction), it is too late to withdraw the application.

Item 11 (Seller Signature) – If the seller initiates the withdrawal, one person may sign on behalf of the seller. This must be the individual, a partner, corporate officer, limited liability company member or managing member. ABC will send a letter to the applicant notifying them that the application has been withdrawn. There is a ten (10) day waiting period before the withdrawal is processed. When ABC has approved a transfer under BPC § 24044 (premises under construction), both the seller and the applicant must sign the Form ABC-209. However, if ABC transfers a license under CCR § 64(b) (premises under construction), it is too late to withdraw the application.

Miscellaneous Information

When Withdrawal Required

Amending or correcting an application requires withdrawal and re-filing. Examples include change in ownership or a change from a person-to-person transfer to include a premises-to-premises transfer.

Withdrawal of Protested Applications

Refiling after withdrawal. If an application is voluntarily withdrawn as a result of any protest, the applicant may not refile an application at the same location for one year from the date of the withdrawal. (Section 24013.1 BPC)

Protests against subsequent applications.
All verified protests filed against the issuance of the license at the premises shall remain valid against any subsequent applications filed for that premises for a period of one year from the date of withdrawal. (Section 24013.2 BPC)

Premises where license denied, revoked.
No license shall be issued for any premises for which a license has been denied or revoked, for reasons pertaining to the premises, unless one year has elapsed from the date the order becomes final. (Section 24013.5(a) BPC)

No license shall be issued for any premises for which a license has been denied, for reasons pertaining to the premises, twice within a 36-month period, unless two years have elapsed from the date that the last order becomes final. (Section 24013.5(b) BPC)