Jan 29, 2025

Los Angeles Fires Advisory Information for ABC Licensees

This information is being provided by the Department of Alcoholic Beverage Control (ABC) to address some of the questions licensed businesses may have following the recent fires in California. ABC will continue to answer questions as communities strive to recover from the fires. The department is committed to being as flexible as possible with licensees.

Disclaimer: The Alcoholic Beverage Control (ABC) regularly archives industry advisories for transparency and historical reference. However, the advisories may not necessarily reflect the current state of the discussed statute or regulation. Please consult the statute, regulation, and/or an attorney before taking any action to ensure compliance with the law.

Frequently Asked Questions

Note: The information below is not the only assistance that may be available to licensees impacted by the fires. For additional information, contact your local district office.

What about the storage of alcoholic beverages?

Tax-paid wine and beer may be stored anywhere in the state. ABC approval is not required.

Distilled spirits may only be stored on licensed premises which can purchase, sell, or store distilled spirits, including Type-14 public warehouses. ABC approval is not required to transfer from one storage location to another.

If alcoholic beverages are stored in a Type-14 public warehouse, ABC approval is not required to transfer them to another Type-14 warehouse or to a private warehouse.

Distilled spirits may be stored in a private warehouse approved by the department if within the limits of the county in which the licensee’s premises are located.

If wine is stored in bond, ABC approval is not required to transfer it to another facility. However, approval of taxing authorities (CDTFA, TTB) may be required.

Reference: 23106 B&P

Can you tell me about retail license issues related to breakage?

Understanding there may be questions involving broken containers of alcoholic beverage at retail licensed business, we are advising there are no provisions in the ABC Act that permit suppliers (manufacturers and distributors) to replace loss due to destruction of alcohol products caused by natural disasters.

Retailers should file a claim with their insurer for the value of their destroyed product. Additionally, if a retail premise closes for a period that exceeds 15 days, or closes permanently, the law requires them to surrender their license. When they have done so, ABC permits suppliers to pick up alcoholic beverages and credit the account of a retailer who has surrendered their license.

With respect to damaged products, please see below under “Can a retail licensee return its inventory to a supplier?”

Reference: Rule 65 CCR, Rule 79 CCR

Are there any tied house exceptions for natural disasters?

The ABC Act provides a tied-house exception for natural disasters. It provides that a manufacturer or wholesaler may give, rent, lend, or sell, any equipment, fixtures, or supplies, other than alcoholic beverages, to a retailer whose equipment, fixtures, or supplies were lost or damaged as a result of a natural disaster and whose premises are located in an area proclaimed to be in a state of disaster by the governor.

The section does not apply to transactions that occur three months or more after the governor proclaims an area to be in a state of disaster.

Reference: 25511 B&P, 25600 B&P

What area is covered by the governor’s executive order?

Licensed premises located in the following zip codes are eligible for the additional relief afforded by the executive order issued by the governor on January 29, 2025.

90041, 90049, 90265, 90272, 90290, 90402, 91001, 91024, 91103, 91104, 91107, 91367, or 93536

What happens if I can’t pay my wholesaler right away?

With respect to the sale and delivery of alcoholic beverages to ABC licensed retailers located in the designated zip codes, the provisions of Business and Professions Code section 25509 are suspended until January 1, 2026. Selling licensees specified in section 25509 shall not be required to (but still may, should they choose to do so):

  1. Sell alcoholic beverages only on a cash basis if a retailer is in arrears.
  2. Impose the one-percent statutory penalty or successive one-percent additional penalties on late payments.

What if the department has filed an accusation against my license?

Any pending administrative disciplinary action will be held in suspense during this time of recovery.

What about closure of an ABC licensed premises?

If a premise closes for a period that exceeds 15 days, or closes permanently, the law requires the business to surrender their license. Licensees can use the Form ABC-231 to surrender their license.

Once this is complete, suppliers may pick-up alcoholic beverages and credit the account of the retailer.

Reference: Rule 65 CCR, Rule 79 CCR 

Can a retail licensee return its inventory to a supplier?

The ABC Act allows for the return of inventory damaged in fires provided they are returned in exchange for the identical quantity, brand, size of container and item.

It should be noted that suppliers are not required to accept the return of alcoholic beverages from retailers.

Reference: 23104.1 B&P, 23104.2 B&P, 23104.3 B&P

What about sales or returns by insurers or surrendered licensees?

The ABC Act permits a licensee who has surrendered or canceled their license to sell their stock of lawfully acquired alcoholic beverages to a licensee or licensees who are authorized to resell the alcoholic beverages.

The licensee can apply with the department to sell their stock of alcoholic beverages to any licensee or licensees authorized to resell such alcoholic beverages.

An insurer may, after permission has been granted by the department, take possession of alcoholic beverages, the containers of which have been damaged by fire, and sell them to licensees who are authorized to sell the alcoholic beverages.

Reference: 23100 B&P, 23104 B&P, Rule 79 (c) CCR, Rule 79 (e) CCR

What must someone who surrendered a license do prior to selling their stock of alcoholic beverages to another licensee?

Form ABC-273 must be completed and submitted to the local ABC office. This form is the application by a former licensee to sell their stock of alcoholic beverages. The form is needed to request permission to sell the stock of alcoholic beverages that remain in inventory once the ABC license is surrendered or canceled pursuant to Rule 65.

Reference: Rule 65 CCR

What can I do if my business has been burned down or damaged in the fires?

The governor’s executive order expands the relief afforded by Business and Professions Code section 24081, allowing licensees with licensed premises in the designated zip codes to temporarily relocate their licensed premises. The licensee may temporarily relocate to another location anywhere within Los Angeles County and may operate for up to 360 days without the need to transfer their license to that new location. Once you find an appropriate location, all you have to do is notify the department and you may commence operation immediately. There is no fee for this temporary relocation.

How will my wholesaler know that it’s OK to sell to me at the temporary location?

Once you notify ABC of your new temporary location, the information for your license in the public License Lookup system will be updated with the new address. Your license number will remain the same. This should be sufficient for your wholesaler to know that it may sell alcohol to you at this new premises. However, if the wholesaler has any question, they can contact the department at (916) 419-2500.

What if I need to operate at the new location beyond the 360 days?

Business and Professions Code section 24082 and the governor’s executive order provide that a licensees with licensed premises in the designated zip codes may transfer their license to a new location within Los Angeles County without the payment of the normal premises-to-premises transfer. While the licensee could operate at this new location on a permanent basis, if the original premises is rebuilt, the license may be transferred back within 18 months of the initial transfer without the normal transfer fee (this only applies if the license has not been transferred to another person). This transfer could be done to either the temporary location or to a new location within Los Angeles County.

If I transfer my license to a new premises, what do I have to do?

A premises-to-premises transfer application must be completed and submitted to ABC. This is required whether the transfer is to the same location that is being operated on a temporary basis or to a brand-new location. The department will conduct the same investigation that it normally conducts with respect to a premises-to-premises transfer. However, the governor’s executive order provides some relief that will streamline this process:

  1. Although the Notice of Intention to Sell Alcoholic Beverages must still be posted at the proposed licensed premises pursuant to Business and Professions Code section 23985, the prohibition against selling alcoholic beverages for 30 days following such posting is suspended until January 30, 2026.
  2. Business and Professions Code section 23987 is suspended until January 30, 2026 to the extent it prohibits issuing or transferring a license until at least 30 days after mailing the notices required by that section.
  3. The department may issue an Interim Operating Permit (“IOP”) upon request even though no protest may have been filed against the application. The department must still make a preliminary determination that the license should issue, but this will be done in an expedited manner.

Do I still have to pay my annual renewal fee?

If your licensed premises has been destroyed or damaged in the fire, and you have relocated your licensed business, the governor’s executive order provides that annual renewal fees for licenses with renewal dates between January 1, 2025, and July 1, 2025, shall be deferred for a period of one year. In addition, any penalty fees for late payment of the annual fee shall be waived.

Licensee Helpline

Emergency service for licensees impacted by recent fires in the greater Los Angeles area.

Email: lafire@abc.ca.gov
Phone: (916) 562-1243

Contact

For additional information,
contact your local district office.

- OR -


Bakersfield

map

4800 Stockdale Highway., Suite 213
Bakersfield, CA 93309

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

Concord

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1800 Sutter St., Ste 450
Concord, CA 94520

Phone:
(925) 655-6314
Fax:
(925) 655-6310
Email:
Concord@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) 275-4174
Email:
LongBeach/Lakewood@abc.ca.gov

Lodi

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3021 Reynolds Ranch Parkway, Suite 150
Lodi, CA 95240

Phone:
(209) 371-6761
Fax:
(209) 371-6763
Email:
lodi@abc.ca.gov

Monrovia

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

Phone:
(626) 256-3241
Fax:
(626) 263-9858
Email:
Monrovia@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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8620 Spectrum Center Blvd., Suite 302
San Diego, CA 92123

Phone:
(858) 300-6855
Fax:
(858) 300-6874
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
(415) 356-6501
(415) 356-6502
(415) 356-6503
Fax:
(415) 356-6599
Email:
SanFrancisco@abc.ca.gov

San Jose

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224 Airport Parkway, Suite 620
San Jose, CA 95110

Phone:
(408) 346-2417
Fax:
(408) 346-2413
Email:
SanJose@abc.ca.gov

San Luis Obispo

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3220 S. Higuera St., Suite 103A
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 MacArthur 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

Van Nuys

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

Phone:
(818) 901-5017
Fax:
(818) 785-6731
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