CA AB2082

Director of the Department of Alcoholic Beverage Control may issue emergency orders to temporarily suspend, limit, or condition licenses that authorize on-premises alcohol consumption prior to any hearing when urgent action is necessary to protect against immediate threats to health or safety related to the licensed business.

Emergency orders require direct evidence (police reports, citations, photographs, video footage) presented to the director before issuance, with "immediate threat" defined as trafficking of controlled substances, prostitution, human trafficking, gambling, or violence involving great bodily injury or death occurring on the licensee's premises.

Licensees may petition for relief from emergency orders by written argument within three business days, and the department must respond within three business days or the order is automatically dissolved; the department must file an accusation within five business days or the order dissolves.

Licensees are entitled to a hearing commencing within 10 business days after submitting a Notice of Defense, with the administrative law judge issuing a verbal decision immediately or written order within 24 hours of hearing closure.

Licensees may bring civil action for damages against public officials if they can prove the direct evidence supporting the emergency order was false and presented with malicious intent; hearings may be conducted electronically upon department order.