Legal Question in Administrative Law in California
California Sale of Liquor License
I recently sold my General 21 Type Liquor License in California to another individual who is currently conducting business alongside me at the same location. I�m conducting grocery sales and he is conducting all liquor sales. If I were to neglect the loan that I took to conduct the business (bankruptcy) will that affect the other individual who is selling liquor at the same premises. In other words, can the bank put a lean on the premises? I went over the bank agreement and the only thing that is held as collateral according to their agreement is my Life Insurance and nowhere has it mentioned that there is a lean on any type of license, or location.
1 Answer from Attorneys
Re: California Sale of Liquor License
Neither banks nor any other private person or entity can "put a lien" on your property against your will. The only exception is a mechanic's lien, which can be placed by someone providing labor, materials or equipment for a work of improvement to real property, and this right is given by a provision in the California Constitution.
Liens arise because (a) the owner of the property gave a security interest by some voluntary act; (b) a court has rendered judgment or entered some kind of order against you; or (c) you owe taxes.
I'm not clear on what you mean by "neglect the loan" and "(bankruptcy)," but maybe you mean you are thinking of a voluntary bankruptcy filing to get out from under the loan. If so, I'd strongly recommend that you have an in-person discussion with a bankruptcy lawyer near you, and raise the following questions: Do you qualify for a Ch. 13? Is the bank loan recourse or non-recourse? Is the liquor license transfer a "preference" and is it within the trustee's reach-back period to avoid it?
I think you also need to discuss whether the liquor license is subject to any special ABC requirements as to transfers where bankruptcy issues also arise. I have heard that there may be special rules for liquor licenses.