What defines a person’s ability to control the licensed premises?

The ability to control licensed premises primarily stems from legal right and authority granted through formal documentation, such as a lease, deed, or other legal means. This definition encompasses the necessary legal agreements that empower an individual or entity to manage and operate a business on a property. The presence of these legal instruments ensures that the individual has the recognized authority to make decisions related to the premises, abide by regulations, and fulfill obligations to the Alcohol Beverage Control (ABC) authority.

Ownership of the property may seem relevant; however, it does not encompass situations where an entity operates on property it does not own but has acquired control through legal means. While partnerships can provide operational authority, they do not inherently guarantee control of the premises unless they are properly documented and legally recognized. A verbal agreement lacks the legal weight and clarity necessary to establish authority unequivocally, making it an unreliable basis for controlling a licensed operation. Therefore, control through formal legal documents is essential to fulfilling the requirements set forth under ABC laws regarding the management of an establishment.