ABC-211-A Instructions

Instructions and general information.

Revised 07/19

Printable Instructions

Download a printable copy of ABC-211-A Instructions by clicking the PDF download button.

General Information

  • Type or print clearly in black or blue ink (do not use red)
  • If you need more space for signatures, use Item #20.
  • Acronyms or form numbers used in these instructions:
    • B&P  – Business & Professions Code
    • CCR –  California Code of Regulations
    • ABC-209 –  Application Withdrawal
    • ABC-211 – Application for ABC License
    • ABC-227 –  Notice of Intended Transfer
    • ABC-275 –  Information Concerning Interim Permit
    • ABC-280 –  Temporary Permit
    • ABC-283 –  Information Concerning Temporary Permits
  • The renewal fee will be collected on any transfer application within 60 days prior to the expiration date of the transferor’s license at the discretion of the Department.
  • The transferor should report any mailing address changes to the District Office.

Instructions

District Office (Item 1) — Enter the ABC District Office that has jurisdiction over the license being transferred.
License Number (Item 2) — List the license to be transferred; e.g., 48-12345.
Transaction Type (Item 3) — Check the box for the type of transaction.
Licensee’s Name (Item 4) — Enter the name of the licensee. For a general partnership, show the names of the individual partners. For a limited partnership, limited liability company, or a corporation, show the name of the entity.
Applicant(s) Name (Item 5) — Enter the name of the applicant. For a general partnership, the names of the individual partners. For limited partnership, limited liability company, or a corporation, the name of the entity.
Existing Premises Address (Item 6) — Enter the address of the business where the license is now issued.
Licensee’s Mailing Address (Item 7) — Enter the address where you wish to receive mail. 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.
Temporary Permit (Item 9) — Sign here to request a temporary permit be issued to the applicant. The temporary permit (Form ABC-280) is good for 120 days and allows the transferee to operate the licensed premises during the transfer waiting period. To qualify for the permit, the premises must have been operating under a license within 30 days of filing the application for a temporary permit. The surrendered license will be automatically canceled upon transfer to the temporary permittee. See Form ABC-283 for more information about temporary permits. (Section 24045.5 B&P Code.)
Partnership/Limited Partnership (Item 15) — For a general partnership, each of the partners must sign (e.g., husband and wife). For a limited
partnership, each of the general partners must sign. Limited partners do not need to sign.
Corporation (Item 16) — Two officers of the corporation must sign, one from each of the following categories: (a) The chairperson of the board, the president, or a vice president; and (b) the secretary, assistant secretary, chief financial officer, or assistant treasurer. If only one corporate officer
exists, he or she must sign twice, once in each category.
Limited Liability Company (Items 17-19) — For a limited liability company that is managed by its members, the form must be signed by each member or by an officer authorized by the articles of organization or the operating agreement to bind the company. For a limited liability company that is managed by a manager or managers, the form must be signed by the manager or managers or by an officer authorized by the articles of organization or the operating agreement to bind the company.

Miscellaneous Information

Waiting Period

The average waiting period for a license is 55-65 days and by law the license cannot transfer for at least 30 days. Applications that have been protested can take up to 95 days or longer. Other things can add to delays. These may include: (a) Missing or incorrect documents, (b) Missing or incorrect fees, (c) Liens placed against escrow by the Board of Equalization, Franchise Tax Board, Employment Development Department, cities and counties, local health departments; or (d) The premises is under construction and not yet ready to operate.

Unavailability of Transferors

Deceased or Incompetent Licensee — The privileges of the licensee may be exercised by any person acting on behalf of a deceased or incompetent licensee or the estate for a specified period or until an administrator, executor, etc., is appointed. (Section 23102 B&P Code.)
Administrators, executors, guardians, surviving partners, trustees, and receivers may sign the Form ABC-211-A on behalf of a deceased transferor.
Contact your local ABC district office to find out what additional documents may be required for this purpose. (Rule 60, CCR.)

Abandoned Partnership Interests.
Each general partner must sign the Form ABC-211-A unless ABC is satisfied by affidavit or otherwise that one or more partners have abandoned their interest in the business for at least six consecutive months immediately preceding the application. In this case, the remaining partners or any other person with a power of attorney may sign. A partner shall have abandoned his interest in the licensed business if he makes an oral or written declaration to that effect, or if all of the following conditions exist: (1) He cannot be found or located; (2) He has taken no active part in the operation or management of the licensed business; and (3) He has not received any income directly or indirectly from the licensed business. (Rule 60(l), CCR.)

Denied or Withdrawn Transfer Application

If the transfer application is denied or withdrawn: (a) If the transferor intends to resume operation of the licensed business he must request the return of the surrendered license and establish that there has been no change in the ownership or the qualifications of the licensed premises. (b) If the transferor does not intend to resume operation of the licensed business and does not request return of the surrendered license, then the Department will proceed to hold the license under the provisions of Rule 65. The effective date of the Rule 65 surrender will be the date of application, denial, or withdrawal. All licenses surrendered will be automatically revoked if the renewal fees are not paid.

A transfer application withdrawal (Form ABC-209) may be signed by one person representing the applicant or one person representing the transferor. Whenever a withdrawal is signed by only a transferor or transferee, the District Administrator will send a letter to both. Note: A transferor may not be the sole signer to withdraw an application approved under Section 24044 B&P Code (premises under construction).

Refund of Fees— If the application is denied, or if the application is withdrawn, there will be a nonrefundable application fee as specified in Section 23320 B&P. The balance of the license fee paid is credited on any taxes then due from the applicant, and the remaining portion is refunded. The refund of license fees will be made payable to the entity shown on Form ABC-211 unless acceptable documentation is provided showing that another entity has paid the license fees. (Sections 23959 and 24761 B&P Code and Part 14 [Section 32001, et seq.,] Division 2,
Revenue and Taxation Code or the Sales and Use Tax Law.)

Amended or Corrected Applications
Any additional application to amend or correct an application requires withdrawal and re-filing. Examples of circumstances requiring withdrawal
and re-filing include change in ownership from that indicated, a change from a person-to-person transfer to include a premises-to-premises transfer.

Escrow Requirements

If there is any purchase price or consideration in connection with the transfer of the business, an escrow must be established before filing a license transfer application with ABC. Consideration includes cash, checks, promissory notes, or other items of value, which have been agreed to be paid to the transferor for the license, inventory, fixtures, household interest, realty, good will, covenant not to compete, or other property connected with the licensed business.

The full amount of the purchase price or consideration must be placed in escrow. Escrow agreements must provide for payment only after the
transfer of the license is approved by ABC. The applicant, within 30 days of application, shall furnish ABC with a statement that the purchase price or consideration has been deposited in escrow (Form ABC-226). The applicant shall also submit a copy to the transferor and a copy to the escrow
holder. (Sections 24071.1, 24072, 24074, 24074.1, 24074.3 and 24075 B&P Code.)

Notice of Intended Transfer

In cases where an applicant is transferring an existing ABC license, the applicant must obtain a Notice of Intended Transfer (Form ABC-227) certified by the County Recorder in the county where the licensed premises are located. The document is needed at the time of filing the application with ABC. There are exceptions (see below). (Sections 24073 and 24075 B&P Code.)

Corporations, limited liability companies and limited partnerships use Notice of Intended Transfer (Form ABC-227-A) for any transfer involving a stock or ownership change of 50% or more. (Sections 24071.1 and 24071.2 B&P Code.)

Exceptions for Notice and Escrow

A recorded Notice of Intended Transfer and escrow are not required for a transfer application made by an executor, administrator, or other person mentioned in Section 24075 B&P Code.

Contact

For additional information,
contact your local ABC District Office.

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Bakersfield

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4800 Stockdale Highway., Suite 213
Bakersfield CA, 93309

Phone:
(661) 395-2731
Fax:
(661) 322-5929
Email:
Bakersfield@abc.ca.gov

Eureka

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1105 Sixth St., Suite C
Eureka CA, 95501

Phone:
(707) 445-7229
Fax:
(707) 445-6643
Email:
Eureka@abc.ca.gov

Fresno

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1330 B East Shaw Ave.
Fresno CA, 93710-7902

Phone:
(559) 225-6334
Fax:
(559) 225-8740
Email:
Fresno@abc.ca.gov

LA/Metro

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888 S Figueroa Street, Suite 320
Los Angeles CA, 90017

Phone:
(213) 833-6043
Fax:
(213) 833-6058
Email:
LAMetro@abc.ca.gov

LB/Lakewood

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3950 Paramount Blvd., Suite 250
Lakewood CA, 90712

Phone:
(562) 982-1337
Fax:
(562) 982-1396
Email:
LongBeach/Lakewood@abc.ca.gov

Monrovia

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222 E. Huntington Dr., Suite 114
Monrovia CA, 91016

Phone:
(626) 256-3241
Fax:
(626) 357-4173
Email:
Monrovia@abc.ca.gov

Oakland

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1515 Clay Street, Ste 2208
Oakland CA , 94612

Phone:
(510) 622-4970
Fax:
(510) 622-4990
Email:
Oakland@abc.ca.gov

Palm Desert

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34-160 Gateway Dr., Suite 120
Palm Desert CA, 92211

Phone:
(760) 324-2027
Fax:
(760) 324-2632
Email:
PalmDesert@abc.ca.gov

Redding

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1900 Churn Creek Rd., Suite 215
Redding CA, 96002

Phone:
(530) 224-4830
Fax:
(530) 224-9338
Email:
Redding@abc.ca.gov

Riverside

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3737 Main Street, Suite 900
Riverside CA, 92501

Phone:
(951) 782-4400
Fax:
(951) 781-0531
Email:
Riverside@abc.ca.gov

Sacramento

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2400 Del Paso Road, Suite 155
Sacramento CA, 95834

Phone:
(916) 419-1319
Fax:
(916) 419-3994
Email:
Sacramento@abc.ca.gov

Salinas

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1137 Westridge Parkway
Salinas CA, 93907

Phone:
(831) 755-1990
Fax:
(831) 755-1997
Email:
Salinas@abc.ca.gov

San Diego

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1350 Front St., Room 5056
San Diego CA, 92101

Phone:
(619) 525- 4064
Fax:
(619) 231-1171
Email:
SanDiego@abc.ca.gov

San Francisco

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33 New Montgomery St., Suite 1230
San Francisco CA, 94105

Phone:
(415) 356-6500
Fax:
(415) 356-6599
Email:
SanFrancisco@abc.ca.gov

San Jose

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100 Paseo de San Antonio, Room 119
San Jose CA, 95113

Phone:
(408) 277-1200
Fax:
(408) 917-9421
Email:
SanJose@abc.ca.gov

San Luis Obispo

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3220 S. Higuera St., Suite 233
San Luis Obispo CA, 93401

Phone:
(805) 543-7183
Fax:
(805) 543-3814
Email:
SanLuisObispo@abc.ca.gov

San Marcos

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570 Rancheros Drive, Suite 240
San Marcos CA, 92069

Phone:
(760) 471-4237
Fax:
(760) 471-6142
Email:
SanMarcos@abc.ca.gov

Santa Ana

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2 MacAurthur Place, Suite 200
Santa Ana CA, 92707

Phone:
(657) 205-3533
Fax:
(657) 205-3520
Email:
SantaAna@abc.ca.gov

Santa Rosa

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50 D Street, Room 130
Santa Rosa CA, 95404

Phone:
(707) 576-2165
Fax:
(707)527-9537
Email:
SantaRosa@abc.ca.gov

Stockton

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31 E. Channel St., Room 168
Stockton CA, 95202

Phone:
(209) 948-7739
Fax:
(209) 546-7853
Email:
Stockton@abc.ca.gov

Van Nuys

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6150 Van Nuys Blvd., Room 220
Van Nuys CA, 91401

Phone:
(818) 901-5017
Fax:
(818) 785-3761
Email:
VanNuys@abc.ca.gov

Ventura

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1000 South Hill Road, Suite 310
Ventura CA, 93003

Phone:
(805) 289-0100
Fax:
(805) 289-0110
Email:
Ventura@abc.ca.gov