Preparation for HOA Summer Activities
IN THIS ISSUE H2O LAWS: Four new bills passed last year that will impact associations and owners. SHORT-TERM RENTALS: Tips for managing the challenges they bring to boards and managers. SUMMER EVENTS PRIMER: Minimizing liability while maximizing fun. POOL CONSIDERATIONS: How to keep cool when the pool gets busy.
SUMMER 2019
Alcohol in the Common Area Where It Does and Does Not Mix BY SANDRA L. GOTTLIEB, ESQ. – SWEDELSONGOTTLIEB
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ummertime in California is a great time to gather together with friends, family and neighbors. There is no shortage of block parties and barbecues. For community associations hosting neighborhood get togethers or renting community rooms for others to host, serving alcohol can bring substantial liability. Understanding what triggers these liabilities is crucial to assisting association clients in developing rules and policies concerning events where alcohol will be sold or served.
Liquor License Required Businesses, including community associations, are required to have a liquor license to serve alcohol. There are two types of liquor licenses an association could obtain from the California Department of Alcoholic Beverage Control (ABC): permanent and special event licenses. For a permanent liquor license, an association must be currently operating a restaurant or bar on the property, or be defined as a “club.” To obtain a special event liquor license, an association must
be formed as a 501c3. Associations should consult their general counsel to determine if they meet these criterion. A majority of community associations will not qualify to obtain either of these licenses to serve alcohol. Therefore, to serve alcohol, these associations must hire an ABC licensed caterer to serve at the event and the caterer must obtain a special event permit for the event (ABC 218). Continued on page 2