The California Alcoholic Beverage Control (http://abc.ca.gov/) laws regarding liquor licenses, alcohol service and permits for catering and special events can be confusing. When do I need an ABC permit? Do I need to hire a licensed bar caterer? Can I hire a licensed bartender? Well, we are here to help. We have put together some commonly asked questions and answers to assist in the professional, compliant and legal service of alcohol for your next event.

Who governs the service of alcohol at events?

The Alcoholic Beverage Control (ABC) is a state run government agency that oversees the licensing of alcohol service in the State of California for all restaurants, bars, hotels, retail stores and events.

When must I have an ABC event permit in place?

Under one or more of the following circumstances, an ABC event permit is required at an event.

• Drinks are being sold at the bar, i.e. no-host bar
• There is any admission cost for the event, i.e. cover charge, ticket price, donation
• The event is open to the public, i.e. no private guest list
• The event venue requires an ABC permit to be in place for the event

When do I NOT need to have an ABC event permit in place?

An ABC event permit is not required if all the following are true.

• The event is private with a bona fide guest list or personal invitation
• The host is providing all of the alcohol
• All drinks are complimentary, i.e. hosted bar
• There is no admission cost for the event, i.e. cover charge, ticket price, donation
• The event venue does not require an ABC permit

Do you need to own a Liquor License to cater alcohol at an event?

Yes. The first step to cater alcoholic beverages anywhere in the State of California is to own a Type 47 or 48 (full liquor license) or a Type 41 or 42 (beer & wine only license). These licenses are typically held by a restaurant, hotel or licensed caterer. With one of these licenses, the licensee must then apply for a “58 Caterer’s License” which allows the licensee to apply for event permits (see below) to serve alcohol outside their licensed premises.

What is an ABC event permit?

An ABC event permit (also known as an ABC 218) is required whenever a licensed caterer serves alcohol at a catered event. The ABC license owner files a request and pays a fee to the ABC with the event date, location, event sponsor, hours and guest count for the specific event. Once approved, the permit must be on-site during the catered event.

Who may file for an ABC 218 event permit?

You must be an ABC license owner as described above to file for an ABC 218 permit.

Can I get an event permit for my private party without hiring a licensed caterer?

No. You must hire an ABC licensed caterer.

Can I get an ABC event permit for a charity event?

Yes. If your organization is a Certified Non-Profit Organizations (501-C3), then you may apply for a 1 day event permit (ABC 221) directly with the ABC and do not have to hire a licensed caterer. Keep in mind that you still will have to manage the alcohol service for the event including staff, set-up and stock the bars.

Can someone other than the ABC provide permits to serve alcohol at an event?

No. The ABC is the only organization that is authorized to approve alcohol event permits.

How many ABC event permits can be issued at an event venue per calendar year?

The ABC limits the number of event permits that can be issued at a single event location to 24 per calendar year.

Can multiple licensed caterers obtain permits for the same event?

No. The ABC only allows one licensed cater to be issued an event permit for the event.

How can I be sure that the caterer I hire is ABC licensed?

Ask your caterer to fax you a copy of their ABC liquor license and a copy of the approved ABC 218 permit that has been issued for your event.

Is an ABC liquor license transferable for an event?

No. Liquor licenses and event permits are not transferable. The only ones authorized to serve or bartend under an ABC liquor license and an event permit are the employees of the company that owns the license. Always check to make sure the name on the liquor license is the same name as the company you are hiring. This will insure that it is their license and not one that they have “borrowed”.

What is a “licensed bartender”?

Contrary to popular belief, there is no such thing as a “licensed bartender”.  Companies are ABC licensed, not bartenders. If a bartender says they are licensed, ask to see their ABC license.

What do I do if my event location asks for proof that I am hiring a licensed caterer?

Once you have secured the services of an ABC licensed caterer, ask them to forward a copy of their ABC liquor license and event permit to the event location.

My caterer says they cater liquor, but don’t own a liquor license. Is this okay?

No. You must own an ABC liquor license to cater alcohol for any type of event. Contrary to popular belief, most caterers do not own liquor licenses and cannot legally cater alcoholic beverages.

Can a caterer buy alcohol and resell it to me as part of a catered event?

No. The caterer’s Costco, Bevmo or liquor store run and reselling it to you is illegal. Buying liquor at any type of retail store and reselling it to you or “reimbursed by you” is considered reselling liquor and is strictly forbidden by the ABC.

My caterer says they don’t need a liquor license since it is a private event and they are not selling drinks.  Is this true?

No. If your caterer is providing you the alcohol under any circumstances, then they must own an ABC liquor license.

If I am providing the alcohol for my event, can my caterer serve it?

Yes. A caterer can serve alcohol providing to them by the host. However, if the caterer is serving it, make sure that they provide you a copy of their Liquor Liability insurance policy. This way you know they are covered for any liability resulting from alcohol service. If they don’t have proof of liquor liability insurance, make sure you hire an Event Staffing company that can provide you with an insured bartender.

Will a liquor store license work for my event?

No. A liquor store license, also known as an “off sale” license, is not permitted to cater alcoholic beverages. See types of licenses required above.

Can a Beer & Wine only license owner cater Full Liquor?

No. Only the privileges extended to the license owner under their liquor license can be extended to the event, i.e. Type 41 or 42 licenses can only serve beer and wine at an event, type 47 or 48 licenses can serve Full Liquor at an event. Full Liquor includes the service of spirits, i.e. cocktails and mixed drinks.

If drink tickets instead of cash are used for drinks at the bar, do I still need an event permit?

Yes. Tickets are considered the same as cash. Either way, the ABC views it as money changing hands for drinks, so an ABC event permit is required. Also, the old fraternity party trick of “charging for the cup” and giving the alcohol away is also considered paying for drinks.

Are there any event venues that cannot be permitted for an event?

The ABC will not issue event permits for locations that currently are in the application process to obtain a permanent liquor license, i.e. restaurant, bar, hotel or banquet facility. In addition, any property that has a history of violations or has repeated problems with law enforcement agencies may not be able to be permitted.

Can I be fined for illegally reselling alcoholic beverages?

Yes. The ABC is actively pursuing the illegal sale and distribution of alcoholic beverages at events by un-licensed caterers, restaurants and institutions.

What is the legal drinking age in California?

At no time are alcoholic beverages to be served to or consumed by any person under the age of 21.

What time do you have to stop serving alcohol?

At no time are alcoholic beverages to be served between the hours of 2:00am and 6:00am. Furthermore, on a licensed premise, all drinks must be out of the hands of patrons by 2:00am. We recommend stopping serving at 1:30am to avoid having to pick-up un-finished drinks from guests.

Is it legal to serve alcohol after 2:00am if it is in a private home?

Though it may be commonplace to consume alcohol in a private home after2:00am, it is NOT legal for a licensed or hired company (e.g. event staffing company or caterer) to serve alcohol after2:00am, even if it is in a private home. If they do so, they are breaking the law just like they would be if in a restaurant, bar or nightclub. So, if you have to get that drink at home, you will just have to get up and get it yourself!

Is it illegal to serve someone who is obviously intoxicated?

Yes. It is a misdemeanor to serve alcohol to any person who appears obviously intoxicated and, of course, it is illegal to drink and drive…so don’t do it.

We hope this helps you navigate some of the confusion regarding the Alcoholic Beverage Control rules and regulations regarding alcohol service. For more information regarding our bar catering services, visit staffworkx.com/services/bar-catering/ . Best of luck with your next event!

There has been a lot of attention recently given to California Wage and Hour Law (CWHL) and how it relates to Meal and Rest Periods for the hospitality industry. Labor litigation is at an all time high with no end in sight and the compliance process can be both confusing and challenging. We have summarized the most important parts of the law and we hope it will assist you with the compliance process and minimize your employer liability.

Rest Period Defined
• Employee is eligible for a 10 minute Rest Period for every 4 hours of work.
• No Rest Period is required if an employee’s total shift is less than 3½ hours.
• Rest Periods only need to be available on request and is not mandatory, i.e. employer is not required to force the employee take a Rest Period.
• Rest Periods are counted as hours worked, so there is never to be a deduction from wages.
• There is no requirement for documenting the Rest Period, i.e. employee does not need to clock-in/out on a time card or time sheet.
• The Rest Period is distinct and separate from a Meal Period.

OFF-DUTY Meal Period Defined
For OFF-DUTY meal periods, the employee is relieved of all duties. This is the common meal period used for hospitality staff and, if compliant, is typically unpaid. For a meal period to be California Wage and Hour Law compliant, it must:

• Be a minimum of 30 continuous minutes (adding two 15 minutes breaks is not compliant).
• Start no later than the completion of the 5th hour of work.
• Employee must be relieved of all duties.
• Employee must be free to leave the work premises.
• Be documented on the employee’s time card or time sheet with a start and end time.

ON-DUTY Meal Period Defined
For ON-DUTY meal periods, the employee is not relieved of all duties and may be called to work at any time during the ON-DUTY meal period. This type of meal period is typically used for supervisory staff or positions, due to very unusual circumstances, that cannot be relieved of all duties while working. The ON-DUTY meal period should still be 30 minutes and be documented, but if ON-DUTY, it is a paid meal period, i.e. no deduction from time worked.

When is an OFF-DUTY meal period required?
If an employee works a shift longer than 6 hours, the meal period is required.

For a shift longer than 6 hours, when must the meal period be taken?
The meal period must start no later than the completion of the 5th hour of work (e.g. if a shifts starts at 8:00am, the meal period must start no later than 1:00pm).

Can the meal period be waived by the employee?
An Employee may waive a meal period only if the shift is to be completed in less than 6 hours. If a shift exceeds 10 hours, two 30 minute meal periods are required, however only one may be waived. It is recommended to have a signed Meal Period Waiver for all staff on file. This will limit your liability if a meal period waiver ever is challenged.

What happens if the employee does not receive a compliant Meal or Rest Period?
California law requires the Employee to be paid a one hour Meal Period Penalty at their prevailing wage rate.

For more information, you may also visit the California Department of Industrial Relations website at www.dir.ca.gov/ . We hope this was helpful and best of luck with Meal and Rest Periods!

staffworkX Event Staffing

LOS ANGELES, CA – November 23, 2010 – Black Tie Event Services, Inc., a leading provider of event staffing solutions throughout the Southern California area, today announced a new branding initiative. The event staffing division will now operate under a new name, staffworkX, and has officially launched as of November 1, 2010.

According to Stephen Plache, CEO and founder, “Our new brand, staffworkX, better positions our expanding line of event staffing solutions and consulting services to our valued customers. We are capitalizing on our 21 years in leading the Hospitality staffing market to broaden our services to the conference, trade show and promotional event staffing sectors. The expanded company moving forward will operate three primary event staffing divisions, Hospitality, Conference & Trade Show and Promotional.”

The company’s hospitality customers include hotels, caterers, restaurants, event planners and private clientele. The expanded services will now target conference and trade show producers, meeting planners, convention centers, and marketing/public relations agencies. The new brand will appear in the company’s advertising, printed collateral, and on a newly re-branded staffworkX website, launched this month.

“We are proud of our history and eager to continue our successful expansion of both services and markets. With the current economic conditions and the high costs of employment, the advantages of outsourcing temporary event staffing have never been greater. We are very excited about our future growth opportunities,” Plache said.

The staffworkX brand launch coincides with a newly structured and enhanced customer service program. The program is designed to support the development and expansion of product offerings for existing customers and new markets.

ABOUT STAFFWORKX and BLACK TIE EVENT SERVICES, INC.:

Established in 1989 as Black Tie Event Services, Inc., staffworkX is headquartered in Los Angeles, California, USA and is a leading provider of event staffing solutions and consulting to the Hospitality, Conference & Trade Show and Promotional event sectors. We have sourced, screened and staffed over 15,000 events throughout Southern California and continue to bring innovation and expanded staffing solutions to the events industry. Black Tie Event Services, Inc. also operates a Bar Catering division licensed by the State of California Alcoholic Beverage Control providing mobile licensed and insured bar and beverage service and concession to all types of special events.

For more information, visit www.staffworkX.com. 

Contacts:

Cynthia Gonzalez, Marketing & Media Coordinator

P: 310.337.9900 ext 21

F: 310.337.9916

cynthia@staffworkX.com

www.staffworkX.com