Tools for Regulating Local Alcohol Availability

Cities and counties in California have the authority to place conditions on the operation of alcohol outlets, both on-sale and off-sale. The authority granting local municipalities to use the conditional use permit (CUP) for regulating alcohol outlets is granted by the California Department of Alcoholic Beverage Control (ABC) code, SS 23790-23791. The relationships between the state ABC authority to regulate the sale and distribution of alcoholic beverages and the local control over the use of the land is in constant flux as nwe court decisions are rendered.