Instructions and general information.
Download a printable copy of ABC-227-A Instructions by clicking the PDF download button.
- Acronyms or form numbers used in these instructions:
- B&P – Business & Professions Code
- 227-A – Notice of Intended Transfer (Under Sections 24071.1 and 24071.2 B&P Code)
- 211 – Application for Alcoholic Beverage License
- ABC employees shall not prepare any Notice of Intended Transfer (“notice”) since the document affects the rights and duties between the parties.
- If there is a defect in the notice, if there is a change in the full amount of consideration from that shown in the notice, or if you do not submit a notice with the application, ABC will not process the transfer until the 11th day after the notice is properly recorded.
- For transfers under Sections 24073 and 24074, use Form ABC-227.
- Record the notice in the office of the county recorder of the county or counties in which the licensed premises are situated. (Sections
24071.1(b) and 24071.2(b) B&P Code.)
Licensee’s name(s) (Item 1) — Enter the name of the licensed entity.
Address to which license is issued (Item 3) — Enter the address for the licensed premises.
Kind of license intended to be transferred (Item 4) — Enter the license type (e.g., Type 47) and/or a description (e.g., On-Sale General License).
Total consideration to be paid for the stock, capital or profits (Item 9) — Enter the dollar amount of the entire consideration.
Signature — One signature for the applicant is sufficient.
Changes requiring filing of notice and application for transfer
A. Stock ownership changes
When the ownership of 50 percent or more of the shares of stock of a corporation is acquired by or transferred to a person or persons who did not own 50 percent of those shares of stock on the date the license was issued to the corporation, the license of the corporation shall be transferred to the corporation as newly constituted. (Sections 24071.1(a) and 23405 B&P Code.)
Exception: The above does not apply to: (a) A corporation the stock of which is listed on a stock exchange in this state or in the City of New York, State of New York, (b) A bank, trust company, financial institution or title company to which a license is issued in a fiduciary capacity, or (c) A corporation which is required by law to file periodic reports with the Securities and Exchange Commission.
B. Limited partnership changes
When there is a new general partner or when the ownership of 50 percent or more of the capital or profits of a limited partnership is acquired by or transferred to a person or persons as general or limited partners and who did not hold ownership of 50 percent or more of the capital or profits of the limited partnership on the date the license was issued to the limited partnership, the license of the limited partnership shall be transferred to the limited partnership as newly constituted. (Sections 24071.1 and 23405.1 B&P Code.)
There are no exceptions to the above. It applies to all limited partnerships.
C. Limited liability company changes
When the ownership of 50 percent or more of the membership interests in a limited liability company is acquired by or transferred to a person or person who did not hold the ownership of 50 percent of the membership interests on the date the license was issued to the limited liability company, the license of the limited liability company shall be transferred to the limited liability company as newly constituted.
Exception: The above does not apply to a limited liability company that is required by law to file periodic reports with the Securities and Exchange Commission. (Section 23405.2(c) B&P Code.)
Before the license is transferred, ABC will conduct an investigation. The following persons must be qualified to hold a license:
- Any person or persons who own 10 percent or more of the shares of stock of the corporation or who own as limited partners 10 percent or more of the capital or profits of the limited partnership.
- Any person or persons who own 10 percent or more of the membership interests of the limited liability company. (Sections 23405(d), 23405.1(c), 23405.2(b) B&P Code.)
Credit and delinquent payments
Notwithstanding any other provision of this division to the contrary, a corporation, limited partnership or limited liability company as newly constituted by transfer is not eligible for any new credit until all delinquent payments owed by the entity, as formerly constituted, are made.
A retail licensee, by transferring its license under Sections 24071.1 or 24071.2, does not avoid the provisions of Section 25509 with regard to 42-day or 30-day periods, percentage charges for unpaid balances, or cash-on-delivery basis.
(Sections 24071.1(c), 24071.2(c) and 25509 B&P Code.)
For additional information,
contact your local ABC District Office.
4800 Stockdale Highway., Suite 213
Bakersfield, CA 93309
- (661) 395-2731
- (661) 322-5929
1800 Sutter St., Ste 450
Concord, CA 94520
- (925) 655-6314
- (925) 655-6310
1105 Sixth St., Suite C
Eureka, CA 95501
- (707) 445-7229
- (707) 445-6643
1330 B East Shaw Ave.
Fresno, CA 93710-7902
- (559) 225-6334
- (559) 225-8740
888 S Figueroa Street, Suite 320
Los Angeles, CA 90017
- (213) 833-6043
- (213) 833-6058
3950 Paramount Blvd., Suite 250
Lakewood, CA 90712
- (562) 982-1337
- (562) 275-4174
3021 Reynolds Ranch Parkway, Suite 150
Lodi, CA 95240
- (209) 371-6761
- (209) 371-6763
222 E. Huntington Dr., Suite 114
Monrovia, CA 91016
- (626) 256-3241
- (626) 263-9858
34-160 Gateway Dr., Suite 120
Palm Desert, CA 92211
- (760) 324-2027
- (760) 324-2632
1900 Churn Creek Rd., Suite 215
Redding, CA 96002
- (530) 224-4830
- (530) 224-9338
3737 Main Street, Suite 900
Riverside, CA 92501
- (951) 782-4400
- (951) 781-0531
2400 Del Paso Road, Suite 155
Sacramento, CA 95834
- (916) 419-1319
- (916) 419-3994
1137 Westridge Parkway
Salinas, CA 93907
- (831) 755-1990
- (831) 755-1997
8620 Spectrum Center Blvd., Suite 302
San Diego, CA 92123
- (858) 300-6855
- (858) 300-6874
33 New Montgomery St., Suite 1230
San Francisco, CA 94105
- (415) 356-6500
- (415) 356-6599
224 Airport Parkway, Suite 620
San Jose, CA 95110
- (408) 612-2490
San Luis Obispomap
3220 S. Higuera St., Suite 103A
San Luis Obispo, CA 93401
- (805) 543-7183
- (805) 543-3814
570 Rancheros Drive, Suite 240
San Marcos, CA 92069
- (760) 471-4237
- (760) 471-6142
2 MacAurthur Place, Suite 200
Santa Ana, CA 92707
- (657) 205-3533
- (657) 205-3520
50 D Street, Room 130
Santa Rosa, CA 95404
- (707) 576-2165
6150 Van Nuys Blvd., Room 220
Van Nuys, CA 91401
- (818) 901-5017
- (818) 785-6731