INDIAN CASINOS NEWS AND VIEWS

Solomon, Saltsman & Jamieson continues to represent California’s gaming and non-gaming tribes on diverse issues such as tribal sovereignty, gaming, alcohol licensing land use, and business disputes. Senior Partner Stephen Warren Solomon explains, “Our Indian Law practice has grown over the last year, and it is really gratifying to help a cross-section of tribes meet the unique challenges they face. We also like to be on the cutting edge and practicing Indian law certainly puts us there.” Solomon says, “gaming, alcohol and entertainment at Indian Casinos also present unique challenges in California. We are getting calls from tribes to help them navigate the ABC process, particularly from tribes looking to expand their ABC licenses as their casinos grow.”   More ...

PLEADING GUILTY TO A MISDEMEANOR CAN BE A BASIS FOR REVOCATION OF YOUR ABC LICENSE OR DENIAL OF YOUR LICENSE APPLICATIONS

Pleading guilty or no contest to a crime involving moral turpitude has cost many licensees their ABC licenses and many ABC applicants their opportunity to have their ABC licenses issued. The ABC Act itself requires the Department to revoke a license based on such plea or conviction.  
Here’s where getting out of jail cheap may cost you that liquor license. Something many licensees don’t know and what many criminal lawyers don’t know: pleading guilty (or no contest) to a crime of moral turpitude even if it’s “just a misdemeanor” will result in the ABC filing an accusation to revoke your license. Crimes of moral turpitude include narcotics, fraud, and even petty theft. Lawyers tell clients every day, “Just plead to the theft, and we can get out with a small fine and probation. No jail.”   More ...

TRIALS: $10,000,000 LAWSUIT FILED BY THIS LAW FIRM AGAINST NIGHTCLUB OWNERS ALLEGING SERVICE TO OBVIOUSLY INTOXICATED MINOR WHO CLAIMS RAPE BY AN OWNER

When is sex good? When does consensual sex cross the line to sexual battery? Can one consent to sex if she is too inebriated to understand the consequences of her actions and decisions? If the much older man caused the 19 year old young woman to become intoxicated for the express purpose of taking advantage of her sexually, then did so, is that sexual battery and/or rape since she did not have the ability to consent? And finally if the much older man owns and runs a nightclub business licensed by the state ABC, and if he commits those acts against an obviously intoxicated young woman under 21 years of age, has he violated Bus.& Prof. § 25602.1 (civil liability)?  More ...

DISCRETIONARY ENTITLEMENTS

Bruce Evans before the San Diego County Planning Commission paved the way for SSJ clients to bring business and employment opportunities to Southern California. Evans represented Fresh & Easy Neighborhood Markets (owned by British retailer Tesco), which sought to open two markets in the unincorporated communities of Spring Valley and Fallbrook, and Longs Drugs which sought to build in the rural community of Alpine. In each case, the County initially denied the discretionary approval for the sale of alcoholic beverages based largely on written opposition from the San Diego Sheriff’s Department. After SSJ was retained to handle these appeals, Evans, working with Associate Attorney Julia Sullivan, was able to negotiate with the Sheriff’s Department to craft operating conditions tailored to address the specific law enforcement concerns for each location.  More ...