Resources

Flowchart of the Appeals Process
Statutes and Regulations
Appellant’s Guide to the Appeals Process
Proof of Service Forms
Optional Electronic Service form
FAQs
Glossary of Commonly Used Terms
Optional Notice of Appeal form

About

The Board reviews the Department of ABC’s final licensing decisions. California law limits the issues that the Board may consider.

The Board decides appeals based on the Department’s record and the parties’ briefs. The Board may not receive any new evidence. Parties may present oral argument at the Board’s monthly hearings.

The Board issues written decisions that affirm, reverse, or remand the Department’s decisions. The California Court of Appeal and/or the California Supreme Court may review the Board’s decisions.

Checklist for Filing Appeal

There are many steps to filing an appeal with the Board. This checklist, along with our Frequently Asked Questions, helps navigate these steps. This checklist does not cover all situations. To ensure full compliance, please refer to the Board’s laws and regulations and/or consult with an attorney. The rules for filing an appeal are in Business and Professions Code sections 23080 to 23083.

If you have any questions about the Board’s process, please call the Board at (916) 445-4005.  Be advised that the Board cannot provide legal advice or discuss the merits of your appeal.  The Board recommends that you consult an attorney.

Appeal Process:

    1. Has the Department of Alcoholic Beverage Control issued a final decision against you?

    2. If so, and if you would like to appeal the decision, you must file a Notice of Appeal by the applicable deadline. For most appeals, the appeal must be filed within 40 days of the Department’s decision. If the Department’s decision states it is “effective immediately” or is a Decision Following Default, you must file an appeal within 10 days. To find the correct timeframe, please see Business and Professions Code section 23081. If the Notice of Appeal is not filed in time, your appeal may be dismissed.

    3. The Notice of Appeal does not have a required format. The Notice of Appeal must be in writing however, and it should include the following:
            • Name of appellant
            • Registration and file number,
            • Date of the Department’s decision,
            • At least one ground for the appeal, and
            • The questions the Board should consider.

The Board offers an optional Notice of Appeal form on its website. The optional form includes all the necessary information.

    1. Please include the following information on all documents filed with the Board:
            • Address,
            • Telephone number,
            • Email address, and
            • State Bar number, if applicable.

Once you file your appeal, the Board will assign a case number. Please put the case number on all documents filed with the Board.

    1. You must serve your signed Notice of Appeal on the Board, the Department of ABC, and any other involved parties. You may serve the Board by email or by mail:
            • abcboard@abcappeals.ca.gov
            • Alcoholic Beverage Control Appeals Board, 400 R St, Suite 320, Sacramento, CA 95811

You must serve the Department or anyone else by mail or in person at:

            • Department of Alcoholic Beverage Control, 3927 Lennane Drive, Suite 100, Sacramento, CA 95834
    1. To prove you have served your Notice of Appeal, you must attach a written proof of service to your Notice of Appeal. The proof of service must include the following information:
            • The address where you served the Notice of Appeal;
            • The date of service;
            • The manner of service (electronic/mail);
            • A statement that the person who served the Notice of Appeal was 18 years of age or older;
            • A signature, under penalty of perjury, of the person who served the Notice of Appeal.

The Board offers a proof of service form on its website.  The optional form includes all the necessary information.

    1. If you would like, you may receive electronic service of all documents related to your appeal. To do so, you will have to do three things.
            • First, you must give notice to the Board, the Department, and all other parties. Your signed notice must include your chosen email address. You can also use our optional certification of email address form.
            • Second, you must serve your notice on the Department and all other parties.
            • And third, you must file your notice and a proof of service with the Board.
    1. The Board does not charge a fee for appeals. The Department will charge you for the administrative hearing transcripts and exhibits. The Department will send you a bill for these charges.  You must pay the Department’s bill within 15 days.  If you do not make the payment on time, the Board may dismiss your appeal.  If you would like your own copy of the transcript and exhibits, you must ask for it, and you will have to pay an extra cost.
    1. You must file an opening brief by the due date with the Board and other parties. The Department then files a reply brief by its specified due date. Then, you may file a closing brief by the due date with the Board and other parties. Include a proof of service with each filed brief.
    1. At least 21 days before your hearing date, let the Board know by email if you plan to appear for oral argument.
    2. If you would like to deviate from the timeline set by the Board, you must submit a written request to all the parties.
    3.