Article 1. Unlawful Liquor Sale Abatement Law of California Penal Code >> Title 1. >> Part 4. >> Chapter 3. >> Article 1.
Every building or place used for the purpose of unlawfully
selling, serving or giving away any spirituous, vinous, malt or other
alcoholic liquor, and every building or place in or upon which such
liquors are unlawfully sold, served or given away, is a nuisance
which shall be enjoined, abated and prevented, whether it is a public
or private nuisance.
Whenever there is reason to believe that a nuisance as
defined in this article is kept, maintained or exists in any county,
the district attorney, in the name of the people of the State of
California, shall, or the city attorney of an incorporated city, or
any citizen of the state resident within the county, in his or her
own name may, maintain an action in equity to abate and prevent the
nuisance and to perpetually enjoin the person or persons conducting
or maintaining it, and the owner, lessee or agent of the building, or
place, in or upon which the nuisance exists, from directly or
indirectly maintaining or permitting it.
The complaint in the action shall be verified unless filed by the
Whenever the existence of a nuisance is shown in an action
brought under this article to the satisfaction of the court or judge
thereof, either by verified complaint or affidavit, and the court or
judge is satisfied that the owner of the property has received
written notice of the existence of the nuisance, signed by the
complainant or the district attorney at least two weeks prior to the
filing of the complaint, the court or judge shall allow a temporary
writ of injunction to abate and prevent the continuance or recurrence
of the nuisance. On granting such writ the court or judge shall
require an undertaking on the part of the applicant to the effect
that the applicant will pay to the party enjoined such damages, not
exceeding an amount to be specified, as the opposing party may
sustain by reason of the injunction, if the court finally decides
that the applicant was not entitled to the injunction.
Actions brought under this article shall have precedence
over all other actions, excepting criminal proceedings, election
contests and hearings on injunctions. If a complaint is filed under
this article by a citizen, it shall not be dismissed by the plaintiff
or for want of prosecution except upon a sworn statement made by the
complainant and his attorney, setting forth the reasons why the
action should be dismissed, and the dismissal ordered by the court.
In case of failure to prosecute any such action with reasonable
diligence, or at the request of the plaintiff, the court, in its
discretion, may substitute any other citizen consenting thereto for
the plaintiff. If the action is brought by a citizen and the court
finds there was no reasonable ground or cause therefor, the costs
shall be taxed against such citizen.
If the existence of a nuisance is established in an action
as provided in this article, an order of abatement shall be entered
as part of the judgment in the case, and plaintiff's costs in such
action are a lien upon the building and place, enforceable and
collectible by execution issued by order of the court.
Any violation or disobedience of an injunction or order
expressly provided for in this article is punishable as a contempt of
court by a fine of not less than two hundred dollars ($200) nor more
than one thousand dollars ($1,000), or by imprisonment in the county
jail for not less than one nor more than six months, or by both.
Whenever the owner of a building or place upon which an act
or acts constituting a contempt as defined in this article has been
committed is guilty of a contempt of court, and is fined therefor in
any proceedings under this article, the fine is a lien upon such
building and place to the extent of the interest of such person
therein, enforceable and collectible by execution issued by order of
"Person," as used in this article, means individuals,
corporations, associations, partnerships, limited liability
companies, trustees, lessees, agents and assignees.