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“Breakpoint” For Commercial Retail Leases

In large metropolitan areas, such as San Francisco, Los Angeles or New York City, commercial real estate leases often differ from residential leases in that they offer the landlord the opportunity to accumulate not only rent payments, but a portion of the tenant’s financial success as well. By drafting a lease that includes provisions for […]

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Underage Alcohol Sales, Compliance Checks and Minor Decoys: What Is Fair?

In October 2014, the California Department of Alcoholic Beverage Control (ABC), together with the Chico Police Department, took action against three liquor stores after a series of investigations on underage alcohol sales by Chico businesses. Reportedly, after conducting compliance checks at five separate Chico locations, authorities cited three clerks, working at Shell Gas Station, Chevron […]

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Healdsburg Considers Banning Tobacco Sales To Those Under 21

On October 27, 2014, Healdsburg City Council voted 4-1 in favor of an ordinance that, if approved, would require Healdsburg establishments to obtain a Tobacco Retailers License prior to selling tobacco products, and would prohibit the sale of tobacco products to anyone under 21 years of age. Should City Council approve this ordinance during a […]

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Does Public Demand Dictate The Approval Of Liquor Licenses In California?

Generally, in California, the Department of Alcoholic Beverage Control (ABC) will not approve a new application for a liquor license unless “the applicant can show that substantial public demand cannot otherwise be satisfied.” Cal. Bus & Prof. Code §23793; California Code of Regulations §60.2. This so-called “public necessity” standard was created to prevent an over-concentration […]