Business and Professions Code — Part 22 | BPC — United States — California law | Esheria

Business and Professions Code

Part 22 of 52 · provisions 4,201–4,400

This section says the act is called the Business and Professions Code.

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About this statute

This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 23428.28.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    This section expands the definition of “club” to include certain beach and athletic clubs, and bars licenses for qualifying clubs that restrict membership or facility use on prohibited discrimination grounds.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23428.28. For the purposes of this article, “club” also means any beach and athletic club that owns, maintains, or operates a standard Amateur Athletic Union (AAU) swimming pool together with the necessary facilities and clubhouse, has a minimum of 500 members paying regular monthly dues, and has continuously operated for not less than one year. No license shall be issued to any beach and athletic club qualifying as a club pursuant to this section if the beach and athletic club in any manner restricts membership or the use of its facilities on the basis of age or any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code. (Amended by Stats. 2007, Ch. 568, Sec. 8. Effective January 1, 2008.)
  2. 23428.29.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    A qualifying nonprofit umbrella organization must serve at least six veteran organizations and keep documentation showing they meet the section’s requirements. Licensed clubs may not discriminate against anyone based on race, color, religion, ancestry, national origin, sex, or age.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23428.29. (a) For the purpose of this article, “club” also means a nonprofit umbrella organization established to provide a central meeting location, resources, and services specifically for veterans, including those on active duty, and that owns or leases, operates, and maintains a facility for these purposes. The nonprofit umbrella organization shall serve at least six veteran organizations, composed solely of veterans, that have been chartered by the Congress of the United States for patriotic, fraternal, or benevolent purposes and which post, chapter, camp, or other local unit has operated as such for not less than one year. (b) For purposes of this section, members of the veteran organizations served by the nonprofit umbrella organization shall be deemed to be members of the nonprofit umbrella organization regardless of whether they are charged separate dues to hold that membership. (c) The nonprofit umbrella organization shall obtain documentation from the veteran organizations it serves as may be necessary to establish that those veteran organizations meet the requirements of this section. The documentation shall be provided to the department upon demand. (d) It shall be unlawful for any club licensed pursuant to this section to make any discrimination, distinction, or restriction against any person on account of the person’s color, race, religion, ancestry, national origin, sex, or age. (Added by Stats. 2016, Ch. 363, Sec. 1. (SB 905) Effective January 1, 2017.)
  3. 23428.4.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    For this article, “club” includes certain nonprofit social clubs that meet specified membership and participation requirements.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23428.4. For the purpose of this article, “club” also means any nonprofit social club with at least 100 members, which members are mobilehome owners within a private mobilehome park and have participated as social club members with a designated clubhouse for not less than one year. (Added by renumbering Section 23428.7 (as added by Stats. 1979, Ch. 623) by Stats. 1981, Ch. 714, Sec. 43.)
  4. 23428.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    This section expands the definition of “club” to include certain press clubs, but a license cannot be issued if the press club restricts membership or facility use based on race, religion, national origin, or sex.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23428.5. For the purpose of this article “club” also means any press club which is a nonprofit organization and whose members are entitled to exchange privileges with similar organizations in at least 12 other states, and which has a bona fide membership and which owns, leases, and operates or maintains a clubhouse or clubroom or any nonprofit incorporated press club having a membership and which owns, or leases, and operates, a club room or rooms for its members. No license shall be issued to any press club qualifying as a club pursuant to this section if the press club in any manner restricts membership or the use of its facilities on the basis of race, religion, national origin, or sex. (Amended by Stats. 1977, Ch. 1070.)
  5. 23428.6.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    This section defines “club” to include certain livestock-related nonprofit associations registered in California, and lets such clubs sell and serve alcoholic beverages only to bona fide members and their bona fide guests.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23428.6. For the purposes of this article, “club” also means any association of livestock, or livestock-allied businessmen, joined together as a nonprofit corporation, registered as such in the State of California. The organization of the group shall be for the sole purpose of social activity. Such a group shall own, lease, or maintain a club room or rooms for its membership. Such a club may sell and serve alcoholic beverages only to its bona fide members and their bona fide guests. (Amended by Stats. 1977, Ch. 1070.)
  6. 23428.7.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    For this article, “club” also includes certain bona fide nonprofit horse riding clubs that meet specified membership and premises requirements.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23428.7. For the purposes of this article “club” also means any bona fide nonprofit corporation, which is a bona fide horse riding club, which is a member of a statewide organization or association, which owns, maintains, or operates premises upon which a regular riding club together with a clubhouse is maintained. (Amended by Stats. 1977, Ch. 1070.)
  7. 23428.8.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    For this article, “club” includes certain parlors of the Native Sons of the Golden West that have operated an establishment for fraternal purposes.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23428.8. For the purposes of this article, “club” also means any parlor of the Native Sons of the Golden West which has as the owner, lessee or occupant thereof operated an establishment for fraternal purposes. (Amended by Stats. 1977, Ch. 1070.)
  8. 23428.9.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    This article treats certain nonprofit social clubs as “clubs” if they serve daily meals, maintain club rooms for members, have done so for at least two years, and charge at least $50 in annual dues per member.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23428.9. For the purpose of this article “club” also means any nonprofit social club which serves daily meals to its members and guests, owns or leases, operates and maintains a club room or rooms for its membership and has operated the club room or rooms for a period of not less than two years and has regular membership dues of not less than fifty dollars ($50) per year per member. (Amended by Stats. 1978, Ch. 336.)
  9. 23429.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    This section defines a club under this article as a bona fide club within the meaning of Section 22 of Article XX of the Constitution.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23429. A club as defined in this article is a bona fide club within the meaning of Section 22 of Article XX of the Constitution. (Added by Stats. 1953, Ch. 152.)
  10. 23430.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue one club license to a club defined in this article.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23430. The department may issue one club license to any club as defined in this article. (Amended by Stats. 1955, Ch. 1221.)
  11. 23431.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    A club license holder may use the rights of an on-sale general license and may sell and serve alcoholic beverages only to bona fide members and their bona fide guests; the license cannot be transferred person to person.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23431. The holder of a club license may exercise all of the rights and privileges permitted by an on-sale general license but may sell and serve alcoholic beverages for consumption within the licensed establishment only to bona fide members of the club and their bona fide guests. A club license is not transferable from person to person. The provisions of Article 2 of Chapter 5 of this division do not apply to the issuance of club licenses. (Added by Stats. 1953, Ch. 152.)
  12. 23432.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    A qualifying club that transfers its old onsale general license cannot apply for a club license for at least one year after the transfer.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23432. Any club which holds an onsale general license which was originally issued to it prior to April 1, 1947, and which transfers its onsale general license to another person shall not be eligible to apply for a club license for a period of at least one year following the date of the transfer of its onsale general license. (Amended by Stats. 1963, Ch. 1066.)
  13. 23433.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue an off-sale license to qualifying golf clubs, and the license cannot be transferred.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23433. The department may issue an off-sale license to any golf club which has more than 400 bona fide members, which owns, maintains, or operates a regular golf links together with a clubhouse thereon, and which has operated the establishment for not less than 60 years, which license authorizes the sale, to consumers only and not for resale, of alcoholic beverages which an off-sale general licensee may sell, but only to bona fide members of the club and their bona fide guests. A license issued to a golf club pursuant to this section is not transferable. The provisions of Article 2 of Chapter 5 of this division do not apply to the issuance of a license pursuant to this section. The application fee for a license issued pursuant to this section shall be the same as the fee for a retail package off-sale general license as provided in subparagraph (A) of paragraph (2) of subdivision (a) Section 23320. (Amended by Stats. 2019, Ch. 29, Sec. 31. (SB 82) Effective June 27, 2019.)
  14. 23433.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    For this article, a “club” includes a nonprofit lawn bowls club. A license may not be issued to a qualifying nonprofit lawn bowls club if it restricts membership or facility use based on age or certain characteristics under Civil Code Section 51.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23433.5. (a) For the purposes of this article, “club” also means any nonprofit lawn bowls club. (b) No license shall be issued to any nonprofit lawn bowls club qualifying as a club pursuant to this section if the nonprofit lawn bowls club in any manner restricts membership or the use of its facilities on the basis of age or any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code. (Added by Stats. 2010, Ch. 273, Sec. 1. (AB 2793) Effective January 1, 2011.)
  15. 23434.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    A new club license may not be issued to a club unless it is a nonprofit organization, and a club license may not be issued to a nonprofit corporation under a later-enacted law unless that corporation does at least some volunteer work for its community.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23434. (a) Notwithstanding any other provision of this division, on and after the effective date of this section, no new club license shall be issued to any club which is not a nonprofit organization. (b) On and after the effective date of this section, no club license shall be issued to a nonprofit corporation pursuant to a law enacted after the effective date of this section unless the nonprofit corporation engages in at least some volunteer action for the community of which it is a part. (Added by Stats. 1977, Ch. 1070.)
  16. 23435.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    After January 1, 1980, a new club license cannot be issued to a club, organization, or association unless it has at least 100 members and has existed for at least one year.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23435. On and after January 1, 1980, no new club license shall be issued for any club, organization, or association which does not have at least 100 members and which has not been in existence for at least one year. (Amended by Stats. 1979, Ch. 128.)
  17. 23437.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    A club license under this article does not give the holder off-sale privileges.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23437. Notwithstanding any other provision of this division, no club license issued under this article shall entitle the holder to any off-sale privileges. (Added by Stats. 1977, Ch. 1070.)
  18. 23438.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. )

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    Some alcoholic beverage club licensees must add a nondeductible-tax statement to certain receipts.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Club Licenses [23425 - 23438] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 23438. (a) Any alcoholic beverage club licensee which restricts membership or the use of its services or facilities on the basis of ancestry or any characteristic listed or defined in Section 11135 of the Government Code, except for genetic information, shall, when issuing a receipt for expenses which may otherwise be used by taxpayers for deduction purposes pursuant to Section 162(a) of the Internal Revenue Code, for purposes of the Personal Income Tax Law, or Section 24343 of the Revenue and Taxation Code, for purposes of the Bank and Corporation Tax Law, incorporate a printed statement on the receipt as follows: “The expenditures covered by this receipt are nondeductible for state income tax purposes or franchise tax purposes.” (b) For purposes of this section, the following terms have the following meanings: (1) “Expenses” means expenses, as defined in Section 17269 or 24343.2 of the Revenue and Taxation Code. (2) “Club” means a club holding an alcoholic beverage license pursuant to the provisions of this division, except a club holding an alcoholic beverage license pursuant to Section 23425. (Amended by Stats. 2011, Ch. 261, Sec. 2. (SB 559) Effective January 1, 2012.)
  19. 23450.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Veterans’ Club Licenses [23450 - 23455] ( Article 5 added by Stats. 1953, Ch. 152. )

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    This section defines “veteran” for this article.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Veterans’ Club Licenses [23450 - 23455] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 23450. As used in this article, “veteran” means any person who has served in the United States Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, or as an active nurse in the service of the American Red Cross, or in the Army and Navy Nurse Corps in time of war, or in any expedition of the Armed Forces of the United States, or who served in one of these services during the period September 16, 1940, to December 7, 1941, and received a discharge under conditions other than dishonorable. (Amended by Stats. 2022, Ch. 379, Sec. 1. (AB 1715) Effective January 1, 2023.)
  20. 23451.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Veterans’ Club Licenses [23450 - 23455] ( Article 5 added by Stats. 1953, Ch. 152. )

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    Certain veterans-only local units are treated as a bona fide club if they meet the stated charter, composition, and one-year operating conditions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Veterans’ Club Licenses [23450 - 23455] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 23451. Any post, chapter, camp, or other local unit, composed solely of veterans, of an organization composed solely of veterans which has been chartered by the Congress of the United States for patriotic, fraternal, or benevolent purposes, and which post, chapter, camp, or other local unit has, as the owner, lessee, or occupant thereof, operated an establishment for any such purpose for not less than one year, is a bona fide club within the meaning of Section 22 of Article XX of the Constitution and of this division. (Added by Stats. 1953, Ch. 152.)
  21. 23452.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Veterans’ Club Licenses [23450 - 23455] ( Article 5 added by Stats. 1953, Ch. 152. )

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    The department may issue one veterans’ club license to a qualifying local veterans’ unit if the establishment is otherwise satisfactory and the unit maintains its club.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Veterans’ Club Licenses [23450 - 23455] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 23452. The department may issue one veterans’ club license to any post, chapter, camp or other local unit described in Section 23451 for the establishment, if otherwise satisfactory, where the post, chapter, camp, or other local unit maintains its club. (Amended by Stats. 1955, Ch. 1221.)
  22. 23452.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Veterans’ Club Licenses [23450 - 23455] ( Article 5 added by Stats. 1953, Ch. 152. )

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    The department may issue one veterans’ club license to a qualifying veterans’ memorial association.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Veterans’ Club Licenses [23450 - 23455] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 23452.5. The department may also issue one veterans’ club license to any veterans’ memorial association which is a nonprofit private corporation organized for patriotic, fraternal, or benevolent purposes, composed solely of veterans, and which has more than 18,000 bona fide regular members, and which owns, leases, maintains, or operates a clubhouse and has continuously operated a clubhouse for not less than three years. (Added by Stats. 1957, Ch. 597.)
  23. 23453.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Veterans’ Club Licenses [23450 - 23455] ( Article 5 added by Stats. 1953, Ch. 152. )

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    A veterans’ club license lets the holder use the privileges of an on-sale general license, but alcohol may be sold or served for on-site consumption only to specified members, guests, service members, or veterans.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Veterans’ Club Licenses [23450 - 23455] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 23453. (a) The holder of a veterans’ club license may exercise all of the rights and privileges permitted by an on-sale general license but may sell and serve alcoholic beverages for consumption within the licensed establishment only to bona fide members of the veterans’ organization and their bona fide guests, bona fide members of other veterans’ organizations, active duty or reserve members of the Armed Forces, or veterans as defined in Section 18540.4 of the Government Code. (b) A veterans’ club license is not transferable to another person from the person to whom issued or by whom renewed. The provisions of Article 2 (commencing with Section 23815) of Chapter 5 do not apply to the issuance of veterans’ club licenses. (c) A bona fide member of a veterans’ organization, bona fide guest, active duty or reserve member of the Armed Forces, or veteran is not required to sign in to a roster before purchasing or being served alcoholic beverages for consumption. (Amended by Stats. 2015, Ch. 423, Sec. 1. (SB 685) Effective January 1, 2016.)
  24. 23454.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Veterans’ Club Licenses [23450 - 23455] ( Article 5 added by Stats. 1953, Ch. 152. )

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    Members and certain staff of a veterans’ club licensee may not be paid from alcoholic-beverage profits, except for a salary fixed and voted at a regular meeting from the local unit’s general revenue.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Veterans’ Club Licenses [23450 - 23455] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 23454. No member and no officer, agent, or employee of a veterans’ club licensee shall be paid or shall directly or indirectly receive, in the form of salary or other compensation, any of the profits from the distribution or sale of alcoholic beverages to the licensee or to the members of the licensee or its guests, beyond the amount of such salary as may be fixed and voted at any regular meeting by the members of the licensee or by its governing body out of the general revenue of the local unit. (Added by Stats. 1953, Ch. 152.)
  25. 23455.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Veterans’ Club Licenses [23450 - 23455] ( Article 5 added by Stats. 1953, Ch. 152. )

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    The department may revoke a license under this article if the licensee stops operating as a bona fide club.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Veterans’ Club Licenses [23450 - 23455] ( Article 5 added by Stats. 1953, Ch. 152. ) ## 23455. The department may revoke any license issued pursuant to this article whenever, in the judgment of the department, the licensee ceases to operate as a bona fide club. (Amended by Stats. 1955, Ch. 447.)
  26. 23500.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 6. Craft Distiller’s Licenses [23500 - 23508] ( Article 6 added by Stats. 2015, Ch. 640, Sec. 2. )

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    This section names the act as the Craft Distillers Act of 2015.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 6. Craft Distiller’s Licenses [23500 - 23508] ( Article 6 added by Stats. 2015, Ch. 640, Sec. 2. ) ## 23500. This act shall be known, and may be referenced as, the Craft Distillers Act of 2015. (Added by Stats. 2015, Ch. 640, Sec. 2. (AB 1295) Effective January 1, 2016.)
  27. 23501.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 6. Craft Distiller’s Licenses [23500 - 23508] ( Article 6 added by Stats. 2015, Ch. 640, Sec. 2. )

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    This section states legislative findings about California’s three-tier system for alcoholic beverages and says the Legislature wants to encourage craft distilling through limited exemptions while still supporting that system.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 6. Craft Distiller’s Licenses [23500 - 23508] ( Article 6 added by Stats. 2015, Ch. 640, Sec. 2. ) ## 23501. The Legislature hereby finds and declares all of the following: (a) The regulation and licensing of the sale of alcoholic beverages in this state has operated for over 80 years under what is commonly referred to as the “three-tier system,” which generally prohibits vertical integration within the distilled spirits industry. This system has helped in protecting against undue marketing influences within the distilled spirits industry and assisted the goals of promoting temperance and reasonable regulation of the sale of distilled spirits within the state. In addition, this system has helped create thousands of jobs and billions of dollars in economic development within California. (b) Small craft distillers have begun to operate in this state, and these craft distillers have begun to increase employment and provide jobs and economic development in various locations within the state. (c) It is the intent of the Legislature, in enacting this act, to encourage the development of the craft distilling industry within the state by enacting various limited exemptions to the general provisions of the three-tier system, while also continuing to uphold and support the three-tier system as the appropriate mechanism for regulating and licensing the sale of distilled spirits in California. (Added by Stats. 2015, Ch. 640, Sec. 2. (AB 1295) Effective January 1, 2016.)
  28. 23502.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 6. Craft Distiller’s Licenses [23500 - 23508] ( Article 6 added by Stats. 2015, Ch. 640, Sec. 2. )

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    The department may issue craft distiller’s licenses to eligible persons, and a license lets the holder make, produce, sell, deal in, and transport certain distilled spirits and brandy within stated limits.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 6. Craft Distiller’s Licenses [23500 - 23508] ( Article 6 added by Stats. 2015, Ch. 640, Sec. 2. ) ## 23502. (a) The department may issue a craft distiller’s license to a person that has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of distilled spirits. The craft distiller’s license authorizes the licensee to do all of the following: (1) Manufacture distilled spirits. For purposes of this article, “manufacture” means the actual distillation of distilled spirits from naturally fermented materials or the redistillation of distilled spirits obtained from another manufacturer of distilled spirits. (2) Produce distilled spirits. For purposes of this article, “produce” means to mix, color, flavor, or blend distilled spirits, whether manufactured by the licensee or by another manufacturer of distilled spirits, including spirits of wine produced by a winegrower pursuant to paragraph (6) of subdivision (a) of Section 23358. (3) Only sell distilled spirits that are manufactured or produced by the licensee solely to a wholesaler, manufacturer, winegrower, manufacturer’s agent, or rectifier that holds a license authorizing the sale of distilled spirits or to persons that take delivery of those distilled spirits within this state for delivery or use without the state. (4) Deal in warehouse receipts. (5) Manufacture or produce up to 150,000 gallons of distilled spirits per fiscal year (July 1 through June 30), excluding brandy the craft distiller manufactures or has manufactured for it pursuant to a brandy manufacturer license, as reported to the department in the manner prescribed by the department for the fiscal year prior to the date of submitting an application for the license. At least 65 percent of the total volume of distilled spirits manufactured or produced shall be actually manufactured by the licensee. The volume of distilled spirits authorized by this paragraph shall be calculated by adding the volume of distilled spirits, less waste, drawn off the still with the volume of distilled spirits obtained by the licensee from any other source that is not redistilled by the licensee. For purposes of this paragraph, “volume” means the liquid volume and shall not be based on proof gallons or packaged goods. (6) Transport brandy to or from the premises of any licensed winegrower for the purpose of storing the brandy to age on the winegrower’s premises. (b) A craft distiller’s license shall not be issued to any person, any officer, director, employee, or agent of such person, or any person who is affiliated with, directly or indirectly, a person that manufactures or has manufactured for them more than 150,000 gallons of distilled spirits per year within or without the state, excluding brandy it manufactures or has manufactured for them pursuant to a brandy manufacturer license, or to any person that is affiliated with, directly or indirectly, a wholesaler. (c) A licensed craft distiller shall report to the department, at the time of renewal in the manner prescribed by the department, the amount of distilled spirits manufactured or produced by the licensee specifying, as applicable, the respective amounts of distilled spirits the licensed craft distiller has manufactured itself, obtained from another manufacturer of distilled spirits, and imported, excluding brandy manufactured by or for the licensee pursuant to a brandy manufacturer license, during the previous fiscal year. If the report to the department establishes that the licensee no longer qualifies to hold a craft distiller’s license because the licensee has either exceeded the 150,000 gallon manufacture or production limitation as specified in paragraph (5) of subdivision (a) or actually manufactured less than 65 percent of the total volume of distilled spirits as specified in paragraph (5) of subdivision (a), the department shall renew the license as a distilled spirits manufacturer’s license. (Amended by Stats. 2025, Ch. 295, Sec. 2. (AB 1246) Effective January 1, 2026.)
  29. 23504.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 6. Craft Distiller’s Licenses [23500 - 23508] ( Article 6 added by Stats. 2015, Ch. 640, Sec. 2. )

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    A licensed craft distiller may sell up to 4.5 liters per day per consumer of its own distilled spirits in prepackaged containers.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 6. Craft Distiller’s Licenses [23500 - 23508] ( Article 6 added by Stats. 2015, Ch. 640, Sec. 2. ) ## 23504. Notwithstanding any other provision, a licensed craft distiller may sell up to the equivalent of 4.5 liters in any combination of prepackaged containers per day per consumer of distilled spirits manufactured or produced by the licensee at its premises to a consumer. (Amended by Stats. 2025, Ch. 295, Sec. 3. (AB 1246) Effective January 1, 2026.)
  30. 23504.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 6. Craft Distiller’s Licenses [23500 - 23508] ( Article 6 added by Stats. 2015, Ch. 640, Sec. 2. )

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    This section lets eligible craft distillers and qualifying out-of-state distillers directly ship distilled spirits to consumers only if they meet permit, recordkeeping, labeling, signature, and shipping limits.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 6. Craft Distiller’s Licenses [23500 - 23508] ( Article 6 added by Stats. 2015, Ch. 640, Sec. 2. ) ## 23504.5. (a) Notwithstanding any other provision of this division to the contrary, a licensed craft distiller, or a qualifying out-of-state distiller whose license is not suspended, may directly ship distilled spirits manufactured or produced by the licensee at its premises to a consumer only if they comply with all of the following requirements: (1) The amount shipped shall not exceed the equivalent of 2.25 liters in any combination of prepackaged containers per day per consumer and shall be solely for the consumer’s personal use and not for resale. (2) The licensed craft distiller, or qualifying out-of-state distiller, shall maintain adequate records of the shipments and provide those records to the department upon request. (3) The licensed craft distiller, or qualifying out-of-state distiller, shall require the common carrier to obtain the signature of any individual 21 years of age or older before delivering any distilled spirits shipped to an individual in this state. (4) The containers in which the distilled spirits are shipped shall be conspicuously labeled with the words: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.” (5) The licensed craft distiller, or qualifying out-of-state distiller, shall hold a current distilled spirits direct shipper permit issued by the department. (b) To obtain and maintain a distilled spirits direct shipper permit from the department, the craft distiller, or qualifying out-of-state distiller, shall do all of the following: (1) File an application for a distilled spirits direct shipper permit with the department. (2) Pay the same fees that apply to a direct shipper permit (Type 82). (3) Provide the department with the craft distiller’s California alcoholic beverage license number or a true copy of their current alcoholic beverage distiller license issued by another state, as applicable. (4) If the permitholder is located outside of this state, report to the department no later than January 1, 2027, the total amount of distilled spirits shipped into the state during the preceding calendar year under the distilled spirits direct shipper permit. (5) If the permitholder is located within this state, provide to the department any necessary additional information not currently provided to ensure compliance with this section. (6) Permit the department to perform an audit of the distilled spirits direct shipper permitholder’s records upon request. (7) Be deemed to have consented to the jurisdiction of the department or any other state agency and California courts concerning enforcement of this section and any related laws, rules, or regulations. (c) The department may enforce the requirements of this section by administrative proceedings to suspend or revoke the distilled spirits direct shipper permit, and the department may accept payment of an offer in compromise in lieu of suspension as provided by this division. Any hearing held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code against a permitholder outside of California shall be held in the City of Sacramento. (d) A person shall not sell and ship distilled spirits directly to consumers in California without possessing a current distilled spirits direct shipper permit issued by the department. A person who knowingly makes, participates in, transports, imports, or receives a shipment from a person who does not possess a current distilled spirits direct shipper permit issued by the department pursuant to this section is guilty of a misdemeanor pursuant to Section 25617. (e) For purposes of this section, “qualifying out-of-state distiller” means a distiller licensed in any other state that satisfies the conditions necessary for a craft distiller license under the laws of this state. (f) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2025, Ch. 295, Sec. 4. (AB 1246) Effective January 1, 2026. Repealed as of January 1, 2027, by its own provisions.)
  31. 23506.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 6. Craft Distiller’s Licenses [23500 - 23508] ( Article 6 added by Stats. 2015, Ch. 640, Sec. 2. )

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    A licensed craft distiller and certain related people may hold interests in on-sale licenses if specified conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 6. Craft Distiller’s Licenses [23500 - 23508] ( Article 6 added by Stats. 2015, Ch. 640, Sec. 2. ) ## 23506. (a) Notwithstanding any other provision of this division, a licensed craft distiller or one or more of its direct or indirect subsidiaries of which the licensed craft distiller owns not less than a 51-percent interest, who manufactures or produces, bottles, processes, imports, or sells distilled spirits under a craft distiller’s license or any other license issued pursuant to this division, or any officer or director of, or any person holding any interest in, those persons may serve as an officer or director of, and may hold the ownership of any interest or any financial or representative relationship in, any on-sale license, or the business conducted under that license, provided that, except in the case of a holder of on-sale general licenses for airplanes and duplicate on-sale general licenses for air common carriers, all of the following conditions are met: (1) The on-sale licensee purchases all alcoholic beverages sold and served only from California wholesale licensees. (2) The number of distilled spirits items by brand offered for sale by the on-sale licensee that are manufactured, produced, bottled, processed, imported, or sold by the licensed craft distiller or by the subsidiary of which the licensed craft distiller owns not less than 51 percent, or by any officer or director of, or by any person holding any interest in, those persons does not exceed 15 percent of the total distilled spirits items by brand listed and offered for sale by the on-sale licensee selling and serving that distilled spirit. Notwithstanding paragraph (1), distilled spirits sold pursuant to this provision may be purchased from a California licensed craft distiller so long as the distilled spirits purchased are produced or bottled by, or produced and packaged for, the same licensed craft distiller that holds an interest in the on-sale license and such direct sales do not involve more than two on-sale licenses in which the licensed craft distiller or any person holding an interest in the licensed craft distiller holds any interest, directly or indirectly, either individually or in combination or together with each other in the aggregate. (3) None of the persons specified in this section may have any of the interests specified in this section in more than two on-sale licenses. (b) Notwithstanding any other provision of this division, a licensee that has an interest in one or more on-sale retail licenses pursuant to this section may continue to hold that interest in the event the licensee no longer qualifies as a craft distiller, provided that the interest was held, or an application was pending, at a time when the licensee did hold a craft distiller’s license pursuant to Section 23502. Nothing in this subdivision is intended to prevent the department from denying a pending application for any reason other than the change in license of the licensee. (Amended by Stats. 2016, Ch. 423, Sec. 4. (AB 2913) Effective January 1, 2017.)
  32. 23508.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 6. Craft Distiller’s Licenses [23500 - 23508] ( Article 6 added by Stats. 2015, Ch. 640, Sec. 2. )

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    A licensed craft distiller may keep specified beers, wines, brandies, and distilled spirits on its premises and sell or serve them only within the stated limits, but some products must be bought from a licensed wholesaler.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 6. Craft Distiller’s Licenses [23500 - 23508] ( Article 6 added by Stats. 2015, Ch. 640, Sec. 2. ) ## 23508. (a) A licensed craft distiller may also have upon its licensed premises all beers, wines, and distilled spirits, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not manufactured or produced and bottled by, or manufactured or produced and packaged for, the licensed craft distiller shall be purchased by the licensed craft distiller only from a licensed wholesaler. (b) A licensed craft distiller may sell all beers, wines, brandies, or distilled spirits to consumers for consumption on the premises in a bona fide eating place as defined in Section 23038, which is located on the licensed premises or on premises owned by the licensee that are contiguous licensed premises and which is operated by and for the licensee, provided that any alcoholic beverage products not manufactured or produced by the licensee must be purchased from a licensed wholesaler. Beer, wine, and brandy may be used in the preparation of food and beverages in the bona fide public eating place for consumption on the premises. (c) Notwithstanding any other provision of this division, in the event that the licensee no longer qualifies as a craft distiller due to the amount of distilled spirits reported pursuant to Section 23502, the licensee may continue to hold the privileges granted by this section. (Amended by Stats. 2016, Ch. 423, Sec. 5. (AB 2913) Effective January 1, 2017.)
  33. 23550.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 7. Music Venue License [23550 - 23552] ( Article 7 added by Stats. 2022, Ch. 468, Sec. 2. )

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    This section defines key terms for the music venue license article, including who counts as an on-sale licensee and what counts as a music entertainment facility.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 7. Music Venue License [23550 - 23552] ( Article 7 added by Stats. 2022, Ch. 468, Sec. 2. ) ## 23550. For purposes of this article: (a) “On-sale licensee” means a person holding an on-sale general music venue license to serve alcoholic beverages on the premises of a music entertainment facility. (b) “Music venue license” means an on-sale general for music entertainment facility license issued pursuant to this article. (c) “Music entertainment facility” means a publicly or privately owned live performance venue, concert hall, auditorium, or an enclosed arena where music or entertainment events are presented for a price of admission. The facility does not have to be used exclusively for music or entertainment events. A venue is not a “music entertainment facility” for purposes of this article unless it satisfies all of the following criteria: (1) The facility has defined performance and audience spaces. (2) The facility includes mixing equipment, a public address system, and a lighting rig. (3) The facility employs one or more individuals to serve not less than two of the following roles: (A) A sound engineer. (B) A booker. (C) A promoter. (D) A stage manager. (E) Security personnel. (F) A box office manager. (4) There is a paid ticket or cover charge to attend performances at the facility and artists are paid and do not play for free or solely for tips, except for fundraisers or similar charitable events. (5) Performances at the facility are marketed through listings in printed or electronic publications, on websites, by mass email, or on social media. (Added by Stats. 2022, Ch. 468, Sec. 2. (SB 793) Effective January 1, 2023.)
  34. 23552.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 7. Music Venue License [23550 - 23552] ( Article 7 added by Stats. 2022, Ch. 468, Sec. 2. )

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    The department may issue a music venue license, and licensees may sell alcohol at retail only in the allowed times and settings, with recordkeeping, transfer, and age-related limits.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 3. Licenses and Fees [23300 - 23552] ( Chapter 3 added by Stats. 1953, Ch. 152. ) ## ARTICLE 7. Music Venue License [23550 - 23552] ( Article 7 added by Stats. 2022, Ch. 468, Sec. 2. ) ## 23552. (a) In addition to the licenses specified in Section 23320, the department may issue a music venue license to sell beer, wine, and distilled spirits at retail for consumption upon the premises only. A music venue licensee is eligible to obtain a duplicate license or licenses as described in Section 24042 and shall be subject to the same fees charged for a duplicate Type 47 license. (b) The music venue license may be issued for a music entertainment facility providing alcoholic beverage service. Except as provided in this section, only licensees with a music venue license are authorized to sell beer, wine, and distilled spirits at retail for consumption upon the premises of the music entertainment facility. The license shall only be transferable from person to person at the same premises. A music venue license shall not be transferred or sold for a purchase price or consideration in excess of the original fee paid for that license. (c) (1) Subject to Section 25631, the music venue licensee may sell, serve, and permit consumption of alcoholic beverages only during the time period from two hours before a live performance until one hour after the live performance. (2) (A) A music venue licensee may also sell, serve, and permit consumption of alcoholic beverages to guests during private events or private functions not open to the general public within any hours of operation permitted by its license, regardless of whether any live performance occurs. (B) (i) A music entertainment facility shall not be required to meet the requirements of subdivision (c) of Section 23550 in connection with and during a private event or private function provided the facility’s principal purpose shall be to operate as a music entertainment facility. (ii) A music venue licenseholder must keep records at the licensed premises to show compliance with this paragraph for the preceding three calendar years. Records kept in compliance with this section must be provided to the department upon request pursuant to Section 25753. Failure to keep required records or to provide them to the department upon request shall be grounds for disciplinary action pursuant to Section 25616. (iii) For purposes of this subparagraph, “principal purpose” shall mean that the number of private events or private functions occurring at the music entertainment facility does not exceed the number of live entertainment events occurring at the facility in any calendar year. (d) (1) Issuance of the license shall be subject to the provisions of Section 23958.4. (2) Issuance of the license shall not be subject to the provisions of Section 23816. (e) An on-sale licensee may permit a person under 21 years of age into the music entertainment facility. This subdivision does not authorize the on-sale licensee to sell, furnish, or give any alcoholic beverages to a person under 21 years of age, or to engage in any other activity not otherwise authorized by this division. (f) (1) An on-sale general bona fide public eating place licensee or an on-sale general public premises licensee as of the effective date of this section may exchange that license for a music venue license, subject to the qualifications of the premises as specified in this division. The exchange may be made at any time upon the approval of the department, the payment of an exchange fee of one hundred dollars ($100), and compliance with the provisions of this division relating to the issuance of an original license. (2) The department may modify its rules regarding the surrender of licenses to implement this subdivision. (g) The department may promulgate regulations to implement this article. (Amended by Stats. 2023, Ch. 700, Sec. 5. (SB 76) Effective January 1, 2024.)
  35. 2360.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. )

    Verify source ↗

    The Osteopathic Medical Board of California is to look for ways to identify and rehabilitate impaired osteopathic physicians and surgeons, and implement the provision by establishing a diversion program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. ) ## 2360. It is the intent of the Legislature that the Osteopathic Medical Board of California seek ways and means to identify and rehabilitate osteopathic physicians and surgeons whose competency may be impaired due to abuse of dangerous drugs and alcohol, so that osteopathic physicians and surgeons so afflicted may be treated and returned to the practice of medicine in a manner which will not endanger the public health and safety. It is also the intent of the Legislature that the Osteopathic Medical Board of California shall implement this legislation by establishing a diversion program as a voluntary alternative approach to traditional disciplinary actions. (Amended by Stats. 1991, Ch. 359, Sec. 12.)
  36. 2361.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the article and says the program manager must have background experience dealing with substance abuse issues.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. ) ## 2361. As used in this article: (a) “Board” means the Osteopathic Medical Board of California. (b) “Diversion program” means a treatment program created by this article for osteopathic physicians and surgeons whose competency may be threatened or diminished due to abuse of drugs or alcohol. (c) “Committee” means a diversion evaluation committee created by this article. (d) “Participant” means a California-licensed osteopathic physician and surgeon. (e) “Program manager” means the staff manager of the diversion program, as designated by the executive officer of the board. The program manager shall have background experience in dealing with substance abuse issues. (Amended by Stats. 2009, Ch. 140, Sec. 9. (AB 1164) Effective January 1, 2010.)
  37. 2362.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. )

    Verify source ↗

    The board must set criteria and appoint the members of one or more diversion evaluation committees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. ) ## 2362. One or more diversion evaluation committees are hereby created in the state to be established by the board. The board shall establish criteria and appoint the members of the committee pursuant thereto. (Added by Stats. 1988, Ch. 384, Sec. 1.)
  38. 2363.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. )

    Verify source ↗

    Each committee member must receive per diem and expenses as provided in Section 103.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. ) ## 2363. Each member of the committee shall receive per diem and expenses as provided in Section 103. (Added by Stats. 1988, Ch. 384, Sec. 1.)
  39. 2364.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. )

    Verify source ↗

    The board must administer this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. ) ## 2364. The board shall administer this article. (Added by Stats. 1988, Ch. 384, Sec. 1.)
  40. 2365.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. )

    Verify source ↗

    This section sets rules for who may enter the diversion program, what the board and program manager may do, and when investigations or discipline can continue.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. ) ## 2365. (a) The board shall establish criteria for the acceptance, denial, or termination of participants in the diversion program. Unless ordered by the board as a condition of disciplinary probation, only those participants who have voluntarily requested diversion treatment and supervision by a committee shall participate in the diversion program. (b) A participant who is not the subject of a current investigation may self-refer to the diversion program on a confidential basis, except as provided in subdivision (f). (c) A participant under current investigation by the board may also request entry into the diversion program by contacting the board’s Diversion Program Manager. The Diversion Program Manager may refer the participant requesting participation in the program to a diversion evaluation committee for evaluation of eligibility. Prior to authorizing a licentiate to enter into the diversion program, the Diversion Program Manager may require the licentiate, while under current investigation for any violations of the Medical Practice Act or other violations, to execute a statement of understanding that states that the licentiate understands that his or her violations of the Medical Practice Act or other statutes that would otherwise be the basis for discipline may still be investigated and the subject of disciplinary action. (d) If the reasons for a current investigation of a participant are based primarily on the self-administration of any controlled substance or dangerous drugs or alcohol under Section 2239, or the illegal possession, prescription, or nonviolent procurement of any controlled substance or dangerous drugs for self-administration that does not involve actual, direct harm to the public, the board may close the investigation without further action if the licentiate is accepted into the board’s diversion program and successfully completes the requirements of the program. If the participant withdraws or is terminated from the program by a diversion evaluation committee, and the termination is approved by the program manager, the investigation may be reopened and disciplinary action imposed, if warranted, as determined by the board. (e) Neither acceptance nor participation in the diversion program shall preclude the board from investigating or continuing to investigate, or taking disciplinary action or continuing to take disciplinary action against, any participant for any unprofessional conduct committed before, during, or after participation in the diversion program. (f) All participants shall sign an agreement of understanding that the withdrawal or termination from the diversion program at a time when a diversion evaluation committee determines the licentiate presents a threat to the public’s health and safety shall result in the utilization by the board of diversion treatment records in disciplinary or criminal proceedings. (g) Any participant terminated from the diversion program for failure to comply with program requirements is subject to disciplinary action by the board for acts committed before, during, and after participation in the diversion program. A participant who has been under investigation by the board and has been terminated from the diversion program by a diversion evaluation committee shall be reported by the diversion evaluation committee to the board. (Amended by Stats. 2008, Ch. 548, Sec. 10. Effective January 1, 2009.)
  41. 2366.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. )

    Verify source ↗

    A committee in this program must follow the program manager’s direction and carry out listed duties such as reviewing participants, designating treatment facilities, receiving information, making safety recommendations, submitting quarterly reports, and promoting the program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. ) ## 2366. A committee created under this article operates under the direction of the diversion program manager. The program manager has the primary responsibility to review and evaluate recommendations of the committee. Each committee shall have the following duties and responsibilities: (a) To evaluate those licensees who request participation in the program according to the guidelines prescribed by the board, and to make recommendations. (b) To review and designate those treatment facilities and services to which a participant in the program may be referred. (c) To receive and review information concerning participants in the program. (d) To consider whether each participant in the treatment program may safely continue or resume the practice of medicine. (e) To prepare quarterly reports to be submitted to the board, which include, but are not limited to, information concerning the number of cases accepted, denied, or terminated with compliance or noncompliance and a cost analysis of the program. (f) To promote the program to the public and within the profession, including providing all current licentiates with written information concerning the program. (g) To perform such other related duties, under the direction of the board or the program manager, as the board may by regulation require. (Amended by Stats. 2008, Ch. 548, Sec. 11. Effective January 1, 2009.)
  42. 23660.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Postal authorities may refuse delivery of alcoholic beverages shipped from outside the state, and may turn those beverages over to the department. When received, the alcoholic beverages are forfeited to the State.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23660. Postal authorities may refuse delivery of any shipment of alcoholic beverages originating outside this State. Postal authorities may turn alcoholic beverages over to the department. The alcoholic beverage when received shall be forfeited to the State. (Amended by Stats. 1955, Ch. 447.)
  43. 23661.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Alcoholic beverages brought into the state generally must move by common carrier and be consigned to a licensed importer, with several specific exceptions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23661. (a) Except as otherwise provided in this section, alcoholic beverages shall be brought into this state from without this state for delivery or use within the state only by common carriers and only when the alcoholic beverages are consigned to a licensed importer, and only when consigned to the premises of the licensed importer or to a licensed importer or customs broker at the premises of a public warehouse licensed under this division. (b) The provisions of this chapter are not applicable in the case of alcoholic beverages which are sold and delivered by a licensee in this state to another licensee in this state, and which in the course of delivery are taken without this state through another state without any storage thereof in such other state. (c) The provisions of subdivision (a) are not applicable in the case of a reasonable amount of alcoholic beverages brought into this state by an adult from without the United States for personal or household use, except that a California resident returning to the United States by a vehicle that is not a common carrier, or any adult entering the United States as a pedestrian, shall be restricted to the amount of alcoholic beverages which are exempt from the payment of duty in accordance with existing provisions of federal law. These alcoholic beverages shall be exempt from state licensing restrictions. (d) The provisions of subdivision (a) are not applicable to incidental amounts of alcoholic beverages brought into this state by an adult for personal use from a hotel that is jointly located within the jurisdictions of this state and Nevada. (e) The provisions of subdivision (a) are not applicable in the case of alcoholic beverages shipped into this state from without the United States by an adult member of the Armed Forces of the United States, serving outside the confines of the United States, for their personal or household use within the state in such quantity of alcoholic beverages as is exempt from the payment of duty under existing provisions of the Federal Tariff Act or regulations. These alcoholic beverages may be brought into this state only by common carrier and consigned to the premises of a licensed importer or customs broker, or to a licensed importer or customs broker at the premises of a public warehouse licensed under this division. Notwithstanding any other provisions of this division, the holder of an importer’s license, a customs broker’s license, or a public warehouse license, may make delivery of such alcoholic beverages as may be brought into this state under the provisions of this paragraph directly to the owner thereof upon satisfactory proof of identity. This delivery shall not be deemed to constitute a sale in this state. (f) A manufacturer of distilled spirits shall transport such distilled spirits into this state in motor vehicles owned by or leased to the manufacturer, and operated by employees of the manufacturer, only if all of the following apply: (1) The distilled spirits are transported into this state from a place of manufacture within the United States. (2) The manufacturer holds a California distilled spirits manufacturer’s license. (3) Delivery is made to the licensed premises of such distilled spirits manufacturer. (Amended by Stats. 2019, Ch. 355, Sec. 2. (AB 840) Effective January 1, 2020.)
  44. 23661.1.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

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    An adult passenger on a qualifying chartered airplane flight may bring up to one quart of alcoholic beverages into the state for household or personal use, and the beverages are exempt from state licensing restrictions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23661.1. Notwithstanding any other provision of law, an adult passenger on board a chartered airplane on a flight which commences and terminates in the continental United States and which does not land outside the continental United States, may bring not to exceed one quart of alcoholic beverages into this State for household or personal use. Such alcoholic beverages shall be exempt from state licensing restrictions. No person shall bring in more than one quart of alcoholic beverages during any calendar year pursuant to the authority granted in this section. (Added by Stats. 1961, Ch. 1683.)
  45. 23661.2.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Certain individuals or retail licensees may ship limited quantities of wine for personal use to adult residents in this state if reciprocal shipping privilege conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23661.2. Notwithstanding any other law, an individual or retail licensee in a state that affords California retail licensees or individuals an equal reciprocal shipping privilege, may ship, for personal use and not for resale, no more than two cases of wine (no more than nine liters each case) per month to any adult resident in this state. Delivery of a shipment pursuant to this subdivision shall not be deemed to constitute a sale in this state. The shipping container of any wine sent into or out of this state under this section shall be clearly labeled to indicate that the container cannot be delivered to a minor or an intoxicated person. (Amended by Stats. 2005, Ch. 157, Sec. 1. Effective January 1, 2006.)
  46. 23661.3.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Wine direct shipper permitholders may ship wine to California adults 21+ for personal use, but they must complete permit, registration, labeling, reporting, and tax-related steps first.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23661.3. (a) Notwithstanding any law, rule, or regulation to the contrary, any person currently licensed in this state or any other state as a winegrower who obtains a wine direct shipper permit pursuant to this section may sell and ship wine directly to a resident of California, who is at least 21 years of age, for the resident’s personal use and not for resale. Before sending any shipment to a resident of California, the wine direct shipper permitholder must: (1) File an application with the department. (2) Pay the application fee as specified in subdivision (a) of Section 23320 if the winegrower is not currently licensed by the department. (3) Provide the department its California alcoholic beverage license number or a true copy of its current alcoholic beverage license issued by another state. (4) Obtain from the department a wine direct shipper permit. (5) Obtain a seller’s permit or register with the State Board of Equalization pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code. (6) Register with the Department of Resources Recycling and Recovery as a beverage manufacturer and distributor, as those terms are defined in the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500) of the Public Resources Code). (b) A wine direct shipper permit authorizes the permitholder to do all of the following: (1) Sell and ship wine to any person 21 years of age or older for their personal use and not for resale. (2) Ship wine directly to a resident in this state only in containers that are conspicuously labeled with the words: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.” (3) Ship wine only if the permitholder requires the carrier to obtain the signature of any individual 21 years of age or older before delivering any wine shipped to an individual in this state. (4) If the permitholder is located outside of this state, report to the department no later than January 31 of each year, the total amount of wine shipped into the state during the preceding calendar year under the wine direct shipper permit. (5) If the permitholder is located outside of this state, pay to the State Board of Equalization all sales and use taxes, and excise taxes on sales to residents of California under the wine direct shipper permit. For excise tax purposes, all wine sold pursuant to a direct shipper permit shall be deemed to be wine sold in this state. (6) If located within this state, provide the department any necessary additional information not currently provided to ensure compliance with this section. (7) Permit the department or the State Board of Equalization to perform an audit of the wine direct shipper permitholder’s records upon request. (8) Be deemed to have consented to the jurisdiction of the department or any other state agency and the California courts concerning enforcement of this section any related laws, rules, or regulations. (c) A wine direct shipper permitholder shall comply with the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500) of the Public Resources Code), including, but not limited to, the reporting and payment provisions applicable to the permitholder as a beverage manufacturer and distributor. If the permitholder fails to comply with Section 14560 or 14575 of the Public Resources Code, the department may suspend or revoke the wine direct shipper permit in the manner provided for in this section. (d) A wine direct shipper permitholder located outside of the state may annually renew its permit with the department by paying an annual fee as specified in subdivision (b), and adjusted pursuant to subdivisions (d) and (e) of Section 23320 and providing the department with a true copy of its current alcoholic beverage license issued by another state. A wine direct shipper permitholder located in California shall renew its wine direct shipper permit in conjunction with its master license. For purposes of this section, “master license” means a winegrower’s license issued by the department. (e) The department, the State Board of Equalization, and the Department of Resources Recycling and Recovery may promulgate rules and regulations to effectuate the purposes of this law. (f) The department may enforce the requirements of this section by administrative proceedings to suspend or revoke the wine direct shipper permit, and the department may accept payment of an offer in compromise in lieu of suspension as provided by this division. Any hearing held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code against a permitholder outside of California shall be held in Sacramento. (g) Sales and shipments of wine direct to consumers in California from winegrowers who do not possess a current wine direct shipper permit from the department are prohibited. Any person who knowingly makes, participates in, transports, imports, or receives such a shipment is guilty of a misdemeanor pursuant to Section 25617. (Amended by Stats. 2022, Ch. 610, Sec. 1. (SB 1013) Effective January 1, 2023.)
  47. 23661.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A qualifying out-of-state wine or beer manufacturer or producer may transport product into this state, but only if the transport and delivery conditions in the section are met.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23661.5. A person who manufactures or produces wine or beer outside of this state, but within the United States, in accordance with the requirements of the laws of the United States, may transport such wine or beer into this state, in a vehicle owned and operated by the manufacturer or producer or operated by him pursuant to a lease the term of which is not less than 30 days, or by contract carrier, for delivery to a licensee who is authorized under this division to import the wine or beer into this state, if: (a) The delivery is made at the premises of the licensee or to a licensee or a licensed customs broker at the premises of a public warehouse licensed under this division; and (b) The manufacturer or producer holds a manufacturer’s interstate alcoholic beverage transporter’s permit under Section 32110 of the Revenue and Taxation Code. (Amended by Stats. 1971, Ch. 1075.)
  48. 23661.6.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A licensed winegrower may return wine to licensed premises in California after exporting it to another state, if the return is in a private vehicle owned or controlled by the winegrower.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23661.6. A licensed winegrower who in the course of business exports wine from this State to another state, may subsequently return to his licensed premises in this State all or any portion of such wine in private vehicles owned or under the control of the winegrower. Any wine so returned shall be subject to the provisions of Section 32175 of the Revenue and Taxation Code. (Added by Stats. 1959, Ch. 903.)
  49. 23661.7.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A qualifying wine purchaser may return wine to the original licensee’s premises after removing it from the state, and does not need a California license to make the return.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23661.7. (a) A person who has purchased wine from a licensed winegrower, the holder of a beer and wine wholesaler’s license and an off-sale retail license that only sells wine, or the holder of a limited off-sale retail wine license, has taken delivery of that wine within this state for delivery or use without the state, and has removed that wine from the state, may return all or any portion of that wine to the premises of the licensee from whom the wine was purchased. To make a return the purchaser need not obtain any license in this state, and may return the wine in a vehicle owned or controlled by the purchaser. (b) The provisions of Section 32175 of the Revenue and Taxation Code shall apply to any wine so returned. (Amended by Stats. 2011, Ch. 292, Sec. 2. (AB 623) Effective January 1, 2012.)
  50. 23662.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A shipment can be treated as consigned to a licensed importer if it is redirected in transit to that importer before delivery and never leaves the common carrier’s possession.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23662. A shipment shall be deemed to be consigned to a licensed importer, although originally consigned to a person not so licensed, when the shipment is, before delivery and without leaving the possession of the common carrier transporting it, reconsigned or diverted in transit by either the consignor or consignee to a licensed importer to whom final delivery by the common carrier is made. (Added by Stats. 1953, Ch. 152.)
  51. 23663.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Alcoholic beverages consigned to a destination within this State are presumed to be for delivery or use within this State.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23663. Alcoholic beverages which are consigned to a destination within this State shall be presumed to be for delivery or use within this State. (Added by Stats. 1953, Ch. 152.)
  52. 23664.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Certain passenger carriers are exempt from being treated as importers or needing an importer’s license for specified in-state onboard alcohol sales and return transport.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23664. A railroad, sleeping car, dining car, boat, or steamship company or air common carrier carrying interstate or foreign passengers on trains, boats, or airplanes shall not be deemed to be an importer or subject to an importer’s license for bringing into this State alcoholic beverages for the purpose of sale within this State on the trains, cars, boats, or airplanes on which the alcoholic beverages are brought into this State exclusively to passengers or employees not on duty, and for carrying the same alcoholic beverages or any unsold portion thereof out of this State in due course of operation. (Amended by Stats. 1955, Ch. 954.)
  53. 23666.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Alcoholic beverages imported into the state in violation of Sections 23661 to 23664 must be seized by the department.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23666. Alcoholic beverages imported into this State contrary to the provisions of Sections 23661 to 23664, inclusive, shall be seized by the department. (Amended by Stats. 1955, Ch. 1842.)
  54. 23667.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Common carriers bringing alcoholic beverages into this State, or delivering them after transport, must get a receipt from the licensed importer or customs broker on a department-prescribed form.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23667. Common carriers transporting alcoholic beverages into this State for delivery or use within this State or common carriers making delivery of alcoholic beverages so transported shall obtain from the licensed importer or customs broker a receipt on a form prescribed by the department for the alcoholic beverages so transported and delivered. If the consignee refuses to give the receipt and show his license to the carrier, the carrier is relieved of all responsibility for delivery of the alcoholic beverages. (Amended by Stats. 1955, Ch. 447.)
  55. 23668.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    If the consignee is not a licensed importer or customs broker, or refuses to show a receipt and license, the carrier must immediately notify the department at Sacramento and deliver the alcoholic beverages to the department within 10 days; the beverages are forfeited to the State.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23668. Subject to the provisions of Section 23662, whenever the consignee is not a licensed importer or customs broker or whenever the consignee refuses to give his receipt and show his license, the carrier shall immediately notify the department at Sacramento giving full details as to the character of shipment, point of origin, destination, and address of the consignor and consignee, and within 10 days the alcoholic beverages shall be delivered to the department and shall be forfeited to the State. (Amended by Stats. 1955, Ch. 447.)
  56. 23669.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    If seized or forfeited alcoholic beverages are sold by or under the department’s direction, the sale proceeds must be used to pay the common carrier’s unpaid freight and storage charges after sale costs and excise taxes are deducted.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23669. If any alcoholic beverages seized under Section 23666 or forfeited under Section 23668 are sold by or under the direction of the department, the common carrier’s unpaid freight and storage charges accruing on the shipments of the alcoholic beverages shall be satisfied out of the proceeds of any sale made by the State after deducting the cost of the sale and any excise taxes accruing thereon. (Amended by Stats. 1955, Ch. 447.)
  57. 2367.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. )

    Verify source ↗

    Licensees who ask to join a treatment program must cooperate with it, and the committee must tell participants how the program works and what happens if they do not comply.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. ) ## 2367. (a) Each licensee who requests participation in a treatment program shall agree to cooperate with the treatment program designed by the committee and approved by the program manager. The committee shall inform each participant in the program of the procedures followed, the rights and responsibilities of the participant, and the possible results of noncompliance with the program. Any failure to comply with the treatment program may result in termination of participation. (b) Participation in a program under this article shall not be a defense to any disciplinary action which may be taken by the board. Further, no provision of this article shall preclude the board from commencing disciplinary action against a licensee who is terminated from a program established pursuant to this article. (Amended by Stats. 2008, Ch. 548, Sec. 12. Effective January 1, 2009.)
  58. 23670.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Anyone who violates this article commits a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23670. Every person violating the provisions of this article is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 152.)
  59. 23671.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Beer importers may not buy or bring into the state beer for sale unless the out-of-state shipper holds a certificate of compliance.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23671. No beer importer shall purchase any beer not manufactured within the state or cause any beer to be transported into the state for sale in the state, unless the out-of-state vendor making shipment of the beer into the state holds a certificate of compliance issued by the department. A certificate of compliance shall be granted when the out-of-state vendor makes a written agreement with the department to furnish to the board, on or before the 10th day of each month, a report on a form prescribed by the board, showing the quantity of beer shipped by the out-of-state vendor to each licensed beer importer in this state during the preceding month. The out-of-state vendor shall further agree that it and its agents and all agencies within this state controlled by it will comply with all laws of this state and all rules of the department with respect to the sale of alcoholic beverages, including, but not limited to, Chapter 12 (commencing with Section 25000) of Division 9, and Section 25509, to the same extent as licensees. If any out-of-state vendor, after obtaining the certificate, fails to submit the report or to comply with Section 14575 of the Public Resources Code, the department may suspend or revoke the certificate of compliance in the manner provided for the suspension or revocation of licenses, and after a hearing which shall be held in the City of Sacramento or in any other county seat in this state which the department determines to be convenient to the holder of the certificate. No fee shall be charged for the certificate of compliance which shall remain in effect until revoked by the department. (Amended by Stats. 1993, Ch. 49, Sec. 2. Effective January 1, 1994.)
  60. 23672.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A licensed importer may not buy or accept delivery of a distilled spirits brand unless designated as an authorized importer, and the spirits must be stored at the importer’s warehouse or an authorized warehouse before retail sale and delivery.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23672. A licensed importer shall not purchase or accept delivery of any brand of distilled spirits unless he is designated as an authorized importer of such brand by the brand owner or his authorized agent. Such distilled spirits imported into California shall come to rest at the warehouse of the licensed importer or an authorized warehouse for the account of such licensed importer, before sale and delivery to a retail licensee. (Amended by Stats. 1979, Ch. 280.)
  61. 23673.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A brand owner of distilled spirits, or the agent, may not sell a brand in California to a wholesaler or rectifier at a price above the lowest price used for that brand in other states, D.C., or certain state retail stores, subject to listed tax, fee, and delivery-cost adjustments.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 4. Imports [23660 - 23673] ( Chapter 4 added by Stats. 1953, Ch. 152. ) ## 23673. No brand owner of distilled spirits or his agent shall sell any brand of distilled spirits to a wholesaler or rectifier in this state at a price higher than the lowest price at which such brand of distilled spirits is sold by such brand owner or his agent to any wholesaler or rectifier during any calendar month anywhere in any other state or in the District of Columbia or to any state or state agency which owns or operates retail distilled spirits stores. In determining the lowest price for which any brand of distilled spirits is sold in any other state or the District of Columbia or to any state or state agency which owns and operates retail distilled spirits stores, appropriate reduction shall be made to reflect all discounts, all rebates, allowances, and other inducements of any kind whatsoever offered or given to any such wholesaler or state, or state agency, as the case may be, purchasing such brand of distilled spirits in such other state or in the District of Columbia or to the state or state agency which owns or operates retail distilled spirits stores; provided that nothing in this section shall prevent differentials in price which make only due allowance for differences in state excise taxes and fees and the actual cost of delivery. As used in this section, the term “excise taxes and license fees” shall mean the excise taxes imposed or the fees required by any state or the District of Columbia. A violation of this section shall be remediable only by a civil action for damages or an action to enjoin a brand owner or his agent from continued violation brought by any person suffering loss as a result of such violation. A judgment in any such action rendered against a licensee shall be deemed grounds for the suspension or revocation of the violator’s license pursuant to Chapter 7 (commencing with Section 24200) of this division. For the purposes of this section, “distilled spirits” does not include brandy produced in California. No California brandy manufacturer or his agent shall be required to file an affidavit pursuant to this section for California brandy. (Added by Stats. 1979, Ch. 407.)
  62. 2368.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. )

    Verify source ↗

    The board may charge an administrative fee for program participation, and the participant must pay all treatment costs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. ) ## 2368. An administrative fee to be established by the board, may be charged for participation in the program; all costs of treatment shall be paid by the participant. These fees shall be deposited into the Contingent Fund of the Osteopathic Medical Board of California. (Amended by Stats. 1991, Ch. 359, Sec. 14.)
  63. 2369.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. )

    Verify source ↗

    After rehabilitation and completion of the program are determined, the committee must purge and destroy participation records. Board and committee records about a participant’s treatment are confidential and generally cannot be discovered or subpoenaed, except in criminal proceedings and as authorized by Section 2365(f).

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. ) ## 2369. (a) After the committee and the program manager, in their discretion, have determined that a participant has been rehabilitated and the program is completed, the committee shall purge and destroy all records pertaining to the participation in a treatment program. (b) Except as authorized by subdivision (f) of Section 2365, all board and committee records and records of proceedings pertaining to the treatment of a participant in a program shall be confidential and are not subject to discovery or subpoena except in the case of discovery or subpoena in any criminal proceeding. (Amended by Stats. 2008, Ch. 548, Sec. 13. Effective January 1, 2009.)
  64. 2370.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. )

    Verify source ↗

    The board must provide for legal representation for people who make reports under this article if they face defamation actions based on reports or information given to the committee or the board about a licensee’s participation in the diversion program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee [2360 - 2370] ( Article 15 added by Stats. 1988, Ch. 384, Sec. 1. ) ## 2370. The board shall provide for the representation of any persons making reports to the diversion evaluation committee or to the board under this article in any action for defamation for reports or information given to the committee or the board regarding a licensee’s participation in the diversion program. (Added by Stats. 1988, Ch. 384, Sec. 1.)
  65. 23770.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A person who operates, or is authorized to operate, a bonded winery or wine cellar must apply for and hold the appropriate winegrower’s or wine blender’s license.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23770. A winegrower’s license, or a wine blender’s license, whichever is appropriate to the operations to be conducted on the licensed premises, shall be issued only to, or held by, a person qualified to operate or operating a winery or wine cellar bonded under the internal revenue laws of the United States. Every person operating, or authorized under the internal revenue laws of the United States to operate, a winery or wine cellar bonded under the internal revenue laws of the United States shall apply for, and hold, a winegrower’s or wine blender’s license, as may be appropriate for operations conducted on the licensed premises. (Amended by Stats. 1965, Ch. 499.)
  66. 23771.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A distilled spirits license generally cannot be issued to a person involved in manufacturing distilled spirits, except for certain manufacturer, craft distiller, and agent licenses.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23771. Except as provided in Section 23771.5, a distilled spirits license of any kind, except a distilled spirits manufacturer’s, a craft distiller’s, or a distilled spirits manufacturer’s agent’s license, shall not be issued to any person, or to any officer, director, employee, or agent of any person that manufactures distilled spirits within or without this state. (Amended by Stats. 2018, Ch. 695, Sec. 5. (SB 1164) Effective January 1, 2019.)
  67. 23771.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A licensed craft distiller may hold a distilled spirits license for importing distilled spirits, but any imported spirits may only be used to manufacture or produce distilled spirits under Section 23502.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23771.5. Section 23771 does not prevent a licensed craft distiller from holding a distilled spirits license authorizing the importing of distilled spirits, provided, however, that any distilled spirits imported by the licensee shall only be used by the licensee to manufacture or produce distilled spirits pursuant to Section 23502. (Added by Stats. 2016, Ch. 423, Sec. 6. (AB 2913) Effective January 1, 2017.)
  68. 23772.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A person with an ownership interest in certain craft distiller, wholesaler, rectifier, or retailer licenses may not hold a distilled spirits manufacturer’s or manufacturer’s agent’s license.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23772. (a) A distilled spirits manufacturer’s or distilled spirits manufacturer’s agent’s license shall not be held by any person that holds any ownership or interest, directly or indirectly, by stock ownership, interlocking directors, trusteeship, loan, mortgage, or lien on any personal or real property, or otherwise, in any craft distiller’s, distilled spirits wholesaler’s, rectifier’s, or retailer’s license. (b) The provisions of this section shall not apply to the financial or representative relationship between a manufacturer, winegrower, manufacturer’s agent, rectifier, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of that person, and a person holding only one of the following types of licenses: (1) On-sale general license for a bona fide club. (2) Club license (issued under Article 4 (commencing at Section 23425) of Chapter 3). (3) Veterans’ club license (issued under Article 5 (commencing at Section 23450) of Chapter 3). (4) On-sale license for boats, trains, sleeping cars, or airplanes where the alcoholic beverages produced or sold by the manufacturer, winegrower, manufacturer’s agent, rectifier, bottler, importer, or wholesaler or any officer, director, or agent of that person are not sold, furnished, or given, directly or indirectly, to the on-sale licensee. (Amended by Stats. 2015, Ch. 640, Sec. 4. (AB 1295) Effective January 1, 2016.)
  69. 23773.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Sections 23771 and 23772 do not stop agents or employees of an out-of-state distilled spirits manufacturer from soliciting orders in the State.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23773. The provisions of Sections 23771 and 23772 do not prevent agents or employees of a distilled spirits manufacturer located without this State from soliciting orders for distilled spirits within the State. (Added by Stats. 1953, Ch. 152.)
  70. 23774.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Sections 23771 and 23772 do not block a distilled spirits wholesale license for a person who met the listed 1937 business-history conditions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23774. The provisions of Sections 23771 and 23772 do not prevent the issuance of a distilled spirits wholesale license to any person who, on July 1, 1937, owned or operated a business which for five years immediately preceding that date had maintained and operated in this State a bona fide jobbing and distributing establishment for the sale to retail dealers of goods, wares, and merchandise, the major portion of which business at a time five years preceding July 1, 1937, was goods, wares, and merchandise other than alcoholic beverages. (Added by Stats. 1953, Ch. 152.)
  71. 23775.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    An importer’s license may be issued only to a person or manufacturer who already holds a resale license for the alcoholic beverages covered by that importer’s license.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23775. An importer’s license shall be issued only to a person or manufacturer who holds a license authorizing the sale for resale of the types of alcoholic beverages mentioned in the importer’s license. (Added by Stats. 1953, Ch. 152.)
  72. 23776.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A wholesaler’s license generally cannot be issued or renewed to an on-sale or off-sale licensee, with two narrow exceptions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23776. A wholesaler’s license shall not be issued or renewed to any on-sale or off-sale licensee, except that: (1) A wholesaler’s license restricted to sales to on-sale licensees may be issued or renewed to an on-sale licensee in counties not to exceed 15,000 population, or (2) If restricted to the wholesaler’s sale of wine, a beer and wine wholesaler’s license may be renewed for the holder of an off-sale beer and wine licensee who on December 31, 1987, held an off-sale beer and wine license and a beer and wine wholesaler’s license, provided that the beer and wine wholesaler’s license restricted to the wholesaler’s sale of wine can only be transferred to the holder of a beer and wine wholesaler’s license restricted to the wholesaler’s sale of wine on the date of transfer. (Amended by Stats. 1988, Ch. 284, Sec. 2. Effective July 7, 1988.)
  73. 23777.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    An off-sale general license may not be renewed or issued for certain distilled spirits wholesalers tied to cities of 50,000 or more population under the 1940 census.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23777. No off-sale general license shall be renewed or issued to a distilled spirits wholesaler whose premises are located in a city having a population of 50,000 or more, as shown by the 1940 federal census, or to a distilled spirits wholesaler who sells distilled spirits to licensees whose premises are located in any city having a population of 50,000 or more, as shown by the 1940 federal census. (Added by Stats. 1953, Ch. 152.)
  74. 23778.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A person may not hold a distilled spirits wholesaler’s license unless the wholesale premises always maintain a reasonable stock of distilled spirits that has been fully paid for.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23778. A distilled spirits wholesaler’s license shall not be held by any person unless at all times throughout the license year he has on his wholesale premises a reasonable stock of distilled spirits, as determined by the department, for which he has fully paid lawful money or its equivalent. (Amended by Stats. 1955, Ch. 447.)
  75. 23779.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A wholesale license can only be issued to someone who genuinely carries on, or intends to carry on, a bona fide wholesale business, and the department can revoke licenses for certain failures to operate or comply.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23779. No wholesale license shall be issued to any person who does not in good faith actually carry on or intend to carry on a bona fide wholesale business by sale to retail licensees of the alcoholic beverage designated in the wholesale license, and the department may revoke any wholesale license when the licensee fails for a period of 45 days actively and in good faith to engage in the wholesale business and shall revoke any distilled spirits wholesaler’s license held by any person who fails to comply with applicable provisions of Sections 23378, 23379, 23776, 23777, and 23778. Sale by a wholesale licensee to himself as a retail licensee is not the transaction of a bona fide wholesale business. (Amended by Stats. 1955, Ch. 447.)
  76. 23780.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A distilled spirits wholesaler’s license or rectifier’s license cannot be issued or renewed to a person who holds retailer funds on deposit for future distilled spirits deliveries.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23780. No distilled spirits wholesaler’s license or rectifier’s license shall be issued or renewed to any person who holds on deposit funds obtained from any retailer, which funds were obtained for the purpose of applying them, either in whole or in part, toward the payment of any future delivery of distilled spirits to the retailer. (Added by Stats. 1953, Ch. 152.)
  77. 23784.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section bars issuing certain alcohol licenses to the same person or premises, with a narrow exception for a retailer’s on-sale license to a wholesaler in counties of 15,000 population or less.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23784. No retailer’s on-sale license shall be issued to any person to whom, or for any premises for which, a manufacturer's, wine grower's, importer's, wholesaler's, or rectifier’s license is issued; and no manufacturer's, wine grower's, importer's, wholesaler's, or rectifier’s license shall be issued to any person to whom, or for any premises for which, a retailer’s on-sale license is issued, except that a retailer’s on-sale license may be issued to a wholesaler in counties not to exceed 15,000 population. (Amended by Stats. 1961, Ch. 246.)
  78. 23785.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A retail package off-sale general license issued to a rectifier or distilled spirits wholesaler must be for the same premises as that license, unless this division provides otherwise.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23785. A retail package off-sale general license, when issued to the holder of a rectifier’s or distilled spirits wholesaler’s license, shall be issued only for the same premises for which the rectifier’s or distilled spirits wholesaler’s license is issued, except as otherwise provided or permitted in this division. (Added by Stats. 1953, Ch. 152.)
  79. 23786.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department may issue a special nonprofit sales license to certain qualifying nonprofit corporations, and that license lets the licensee handle and sell limited wine from the described public university.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23786. (a) The department may issue a special nonprofit sales license to a nonprofit mutual benefit corporation, as described in the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code), or a nonprofit public benefit corporation, as described in the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code), that has a board membership composed of the Dean of the College of Agricultural and Environmental Sciences, or their designee, the Chair of the Department of Viticulture and Enology, or their designee, and the Chair of the Department of Food Science and Technology, or their designee, of the public university located within the county of the 28th class that includes courses in viticulture and enology in its curriculum. (b) A special nonprofit sales license authorizes the licensee to do all of the following: (1) Accept the transfer of, and take title to, up to 20,000 gallons of wine per year produced by the public university described in subdivision (a), notwithstanding that the public university does not hold any license issued pursuant to this division. For purposes of this section, “produced” includes wine donated to, or purchased by, the public university for educational or experimental purposes and that are thereafter treated or processed by the public university. (2) Sell wine received pursuant to paragraph (1) to consumers for consumption off the licensed premises or to other licensees authorized to sell wine. (3) Give licensees samples of the wine it sells, subject to the limitations in subdivision (a) of Section 23386 and any department regulations. (c) The special nonprofit sales license does not authorize the licensee to purchase or otherwise obtain wine from a licensee or other manufacturer or seller of wine, except as specified in this section. (d) A public university, as described in subdivision (a), may transfer wine produced by the public university to a special nonprofit sales licensee. (Amended by Stats. 2020, Ch. 362, Sec. 1. (SB 918) Effective January 1, 2021.)
  80. 23787.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Before issuing an on-sale license for a bona fide public eating place, the department must check that the premises are maintained in good faith for serving meals. The licensee is responsible for lessee-caused violations and may not sublet to an unqualified person.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23787. The department shall, before issuing any on-sale license for the sale of alcoholic beverages to be consumed or otherwise disposed of in any bona fide public eating place, determine whether the public eating place is equipped and maintained in good faith for sales to and consumption by the public of meals upon the premises. A hotel or motel of 75 rooms or more or a bowling center of 12 lanes or more, or any other bona fide public eating place, which hotel, motel, bowling center or bona fide public eating place is licensed and so equipped and maintained may sublet the sale and service of the meals required by Section 23038 upon notification to the department. Provided, however, that the licensee shall be responsible for any violations of this division caused or permitted by the lessee on the licensed premises. The licensee shall not sublet to a person who does not have the qualifications of a holder of a license. Nothing in this section shall preclude the renewal, transfer, or issuance of an on-sale general license to any premises equipped and maintained in good faith for sales to and consumption by members of the public of meals upon the premises even though the operation of such premises is limited solely to the service of meals and beverages at prearranged events of a social or business nature and where admission is by ticket only. (Amended by Stats. 1971, Ch. 1184.)
  81. 23788.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    An on-sale licensee must not knowingly employ an unqualified person to manage, direct, or conduct the business. If the licensee asks the department to determine a proposed manager’s qualifications, the licensee must submit an application with a $140 fee.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23788.5. An on-sale licensee shall not knowingly employ any person to manage, direct, or conduct the business who does not have the qualifications required of a holder of the license. Any on-sale licensee requesting the department to make a determination of qualifications of a proposed manager shall submit with an application for such services a fee of one hundred forty dollars ($140), which shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. This fee may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320. (Amended by Stats. 2019, Ch. 29, Sec. 35. (SB 82) Effective June 27, 2019.)
  82. 23789.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department may refuse to issue a retail license for premises near churches, hospitals, schools, public playgrounds, or certain nonprofit youth facilities, except for renewals or ownership transfers.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23789. (a) The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail license for premises located within the immediate vicinity of churches and hospitals. (b) The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail license for premises located within at least 600 feet of schools and public playgrounds or nonprofit youth facilities, including, but not limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire Girls. This distance shall be measured pursuant to rules of the department. (Amended by Stats. 1992, Ch. 678, Sec. 1. Effective January 1, 1993.)
  83. 23790.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A retail license cannot be issued for premises where the licensed activity would conflict with a valid county or city zoning ordinance.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23790. No retail license shall be issued for any premises which are located in any territory where the exercise of the rights and privileges conferred by the license is contrary to a valid zoning ordinance of any county or city. Premises which had been used in the exercise of those rights and privileges at a time prior to the effective date of the zoning ordinance may continue operation under the following conditions: (a) The premises retain the same type of retail liquor license within a license classification. (b) The licensed premises are operated continuously without substantial change in mode or character of operation. For purposes of this subdivision, a break in continuous operation does not include: (1) A closure for not more than 30 days for purposes of repair, if that repair does not change the nature of the licensed premises and does not increase the square footage of the business used for the sale of alcoholic beverages. (2) The closure for restoration of premises rendered totally or partially inaccessible by an act of God or a toxic accident, if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages. (Amended by Stats. 1989, Ch. 95, Sec. 1.)
  84. 23790.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Local governments generally may not bar concurrent retailing of motor vehicle fuel and off-sale beer and wine in qualifying zoning districts, and establishments doing that business must follow listed operating conditions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23790.5. (a) It is the intent of the Legislature in enacting this section to ensure that local government shall not be preempted in the valid exercise of its land use authority pursuant to Section 23790, including, but not limited to, enacting an ordinance requiring a conditional use permit. It is also the intent of the Legislature to prevent the legislated prohibition of the concurrent retailing of beer and wine for off-premises consumption and motor vehicle fuel where the retailing of each is otherwise allowable. (b) (1) No city, county, or city and county shall, by ordinance or resolution adopted on or after January 1, 1988, legislatively prohibit the concurrent retailing of motor vehicle fuel and beer and wine for off-sale consumption in zoning districts where the zoning ordinance allows motor vehicle fuel and off-sale beer and wine to be retailed on separate sites. (2) On and after January 1, 1989, no city, county, or city and county ordinance or resolution adopted prior to May 5, 1987, shall have legal effect if it legislatively prohibits the concurrent retailing of motor vehicle fuel with beer and wine for off-sale consumption in zoning districts where the zoning ordinance allows beer and wine and motor vehicle fuel to be retailed on separate sites. (3) On and after July 1, 1988, no city, county, or city and county ordinance or resolution adopted on or after May 5, 1987, shall have legal effect if it legislatively prohibits the concurrent retailing of motor vehicle fuel with beer and wine for off-sale consumption in zoning districts where the zoning ordinance allows beer and wine and motor vehicle fuel to be retailed on separate sites. (4) This section shall not apply to a prohibition by a city, county, or city and county of the sale of beer and wine in conjunction with the sale of motor vehicle fuel if that prohibition occurs as a result of the prohibition of the combining of the sale of motor vehicle fuel with a broader class of products or uses which includes alcoholic beverages or beer and wine as a named or unnamed part of that larger class, if that prohibition was enacted before August 1, 1985. (c) Subject to the restrictions and limitations of subdivision (b), this section shall not prevent a city, county, or city and county from denying permission, or granting conditional permission, to an individual applicant to engage in the concurrent retailing of motor vehicle fuel with beer and wine for off-premises consumption pursuant to a valid conditional use permit ordinance based on appropriate health, safety, or general welfare standards contained in the ordinance if that conditional use permit ordinance contains all of the following: (1) A requirement for written findings. (2) A provision for an administrative appeal if the governing body has delegated its power to issue or deny a conditional use permit. (3) Procedures for notice of a hearing, conduct of a hearing, and an opportunity for all parties to present testimony. (4) A requirement that the findings be based on substantial evidence in view of the whole record to justify the ultimate decision. (d) Notwithstanding any other provision of law, establishments engaged in the concurrent sale of motor vehicle fuel with beer and wine for off-premises consumption shall abide by the following conditions: (1) No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1, 1988. (2) No advertisement of alcoholic beverages shall be displayed at motor fuel islands. (3) No sale of alcoholic beverages shall be made from a drive-in window. (4) No display or sale of beer or wine shall be made from an ice tub. (5) No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows. (6) Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 years of age. The standards contained in this subdivision are minimum state standards which do not limit local regulation otherwise permitted under this section. (e) If there is a finding that a licensee or his or her employee has sold any alcoholic beverages to a minor at an establishment engaged in the concurrent sale of motor vehicle fuel with beer and wine for off-premises consumption, the alcoholic beverage license at the establishment shall be suspended for a minimum period of 72 hours. For purposes of Section 23790, the effect of such a license suspension shall not constitute a break in the continuous operation of the establishment nor a substantial change in the mode or character of operation. (f) The provisions of this section apply to charter cities. (Amended by Stats. 1994, Ch. 627, Sec. 3. Effective January 1, 1995.)
  85. 23791.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section says the alcohol division does not interfere with cities’ powers under specified Government Code sections.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23791. Nothing in this division interferes with the powers of cities conferred upon them by Sections 65850 to 65861, inclusive, of the Government Code. (Amended by Stats. 1967, Ch. 232.)
  86. 23793.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    New original public premises licenses are barred except for beer or beer and wine, and public premises licenses cannot be transferred between counties unless the applicant shows substantial public demand cannot otherwise be satisfied.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23793. No new original public premises licenses shall be issued except for beer, or beer and wine, and no public premises licenses shall be transferred from county to county, unless the applicant can show that substantial public demand cannot otherwise be satisfied. (Amended by Stats. 1973, Ch. 425.)
  87. 23794.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A license may not be issued to any applicant for the manufacture, distribution, or retail sale of powdered alcohol.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [23770 - 23794] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23794. A license shall not be issued to any applicant to authorize the manufacture, distribution, or retail sale of powdered alcohol. (Added by Stats. 2016, Ch. 742, Sec. 4. (AB 1554) Effective January 1, 2017.)
  88. 23800.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1.5. Conditional Licenses [23800 - 23805] ( Article 1.5 added by Stats. 1959, Ch. 1351. )

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    The department may impose reasonable conditions on retail licensees or other licensees exercising retail privileges in listed situations, including license transfers and certain licensing problems.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1.5. Conditional Licenses [23800 - 23805] ( Article 1.5 added by Stats. 1959, Ch. 1351. ) ## 23800. The department may place reasonable conditions upon retail licensees or upon any licensee in the exercise of retail privileges in the following situations: (a) If grounds exist for the denial of an application for a license or where a protest against the issuance of a license is filed and if the department finds that those grounds may be removed by the imposition of those conditions. (b) Where findings are made by the department which would justify a suspension or revocation of a license, and where the imposition of a condition is reasonably related to those findings. In the case of a suspension, the conditions may be in lieu of or in addition to the suspension. (c) Where the department issues an order suspending or revoking only a portion of the privileges to be exercised under the license. (d) Where findings are made by the department that the licensee has failed to correct objectionable conditions within a reasonable time after receipt of notice to make corrections given pursuant to subdivision (e) of Section 24200, or subdivision (a) or (b) of Section 24200.1. (e) (1) At the time of transfer of a license pursuant to Section 24070, 24071.1, or 24071.2, and upon written notice to the licensee, the department may adopt conditions that the department determines are reasonable pursuant to its investigation or that are requested by the local governing body, or its designated subordinate officer or agency, in whose jurisdiction the license is located. The request for conditions shall be supported by substantial evidence that the problems either on the premises or in the immediate vicinity identified by the local governing body or its designated subordinate officer or agency will be mitigated by the conditions. Upon receipt of the request for conditions, the department shall either adopt the conditions requested or notify the local governing body, or its designated subordinate officer or agency, in writing of its determination that there is not substantial evidence that the problem exists or that the conditions would not mitigate the problems identified. The department may adopt conditions only when the request is filed. Any request for conditions from the local governing body or its designated subordinate officer or agency pursuant to this provision shall be filed with the department within the time authorized for a local law enforcement agency to file a protest or proposed conditions pursuant to Section 23987. (2) If the license to be transferred subject to paragraph (1) is located in an area of undue concentration as defined in Section 23958.4, the period within which the local governing body or its designated subordinate officer or agency may submit a written request for conditions shall be 40 days after the mailing of the notices required by Section 23987. For purposes of this provision only, undue concentration shall be established when the requirements of both paragraph (1) of subdivision (a) and either paragraph (2) or paragraph (3) of subdivision (a) of Section 23958.4 exist. Pursuant to Section 23987, the department may extend the 40-day period for a period not to exceed an additional 20 days upon the written request of any local law enforcement agency or local government entity with jurisdiction. Nothing in this paragraph is intended to reduce the burden of the local governing body or its designated subordinate officer or agency to support any request for conditions as required by paragraph (1). Notwithstanding Section 23987, the department may not transfer any license subject to this paragraph until after the time period permitted to request conditions as specified in this paragraph. (f) At the time of a transfer of a license pursuant to Article 5 (commencing with Section 24070) of Chapter 6. (g) At the time any physical changes or alterations are made to the licensed premises, subject to approval by the department, that materially or substantially alter the premises or the usage of the premises from the plan contained in the diagram of licensed premises on file with the license application. (Amended by Stats. 2018, Ch. 362, Sec. 1. (SB 1503) Effective January 1, 2019.)
  89. 23801.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1.5. Conditional Licenses [23800 - 23805] ( Article 1.5 added by Stats. 1959, Ch. 1351. )

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    Section 23801 says conditions on a conditional alcohol license may address matters tied to the license, the licensee, the business, or the premises, if they protect public welfare and morals.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1.5. Conditional Licenses [23800 - 23805] ( Article 1.5 added by Stats. 1959, Ch. 1351. ) ## 23801. The conditions authorized by Section 23800 may cover any matter relating to the privileges to be exercised under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including, but not limited to, the following: (a) Restrictions as to hours of sale. (b) Display of signs. (c) Employment of designated persons. (d) Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law. (e) In cases under subdivision (c) of Section 23800, the portion of the privileges to be exercised under the license. (f) The personal conduct of the licensee. (g) In cases under subdivision (f) of Section 23800, restrictions on the presence of the license transferor on the licensed premises without lawful business if that license transferor has multiple violations of this division when in possession of the license. For purposes of this section, “lawful business” specifically excludes, without limitation, working or volunteering at the premises, consulting with the licensee regarding the operation of the premises, and loitering. (Amended by Stats. 2008, Ch. 254, Sec. 2. Effective January 1, 2009.)
  90. 23802.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1.5. Conditional Licenses [23800 - 23805] ( Article 1.5 added by Stats. 1959, Ch. 1351. )

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    License conditions must be endorsed on the license and any renewal, and they bind anyone who receives a transferred license.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1.5. Conditional Licenses [23800 - 23805] ( Article 1.5 added by Stats. 1959, Ch. 1351. ) ## 23802. Such conditions shall be endorsed upon the license and any renewal thereof and shall be binding upon all persons to whom the license is transferred. (Added by Stats. 1959, Ch. 1351.)
  91. 23803.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1.5. Conditional Licenses [23800 - 23805] ( Article 1.5 added by Stats. 1959, Ch. 1351. )

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    The department may remove or modify license conditions if the grounds for them no longer exist, but it must notify the local governing body first and cannot act on an objected condition without a hearing.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1.5. Conditional Licenses [23800 - 23805] ( Article 1.5 added by Stats. 1959, Ch. 1351. ) ## 23803. (a) The department, upon its own motion or upon the petition of a licensee or a transferee who has filed an application for the transfer of the license, if it is satisfied that the grounds that caused the imposition of the conditions no longer exist, shall order their removal or modification, provided written notice is given to the local governing body of the area in which the premises are located. The local governing body has 30 days to file written objections to the removal or modification of any condition. The department may not remove or modify any condition to which an objection has been filed without holding a hearing as provided in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (b) For purposes of this section, a situation in which the “grounds that caused the imposition of the conditions no longer exist” includes, but is not limited to, the situation in which there have been substantial changes in the totality of circumstances such that the department determines that the current circumstances reasonably justify the modification or removal of the conditions. (c) Any petition for the removal or modification of a condition pursuant to this section shall be accompanied by a fee of four hundred seventy-five dollars ($475). This fee may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320. (Amended by Stats. 2019, Ch. 29, Sec. 36. (SB 82) Effective June 27, 2019.)
  92. 23804.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1.5. Conditional Licenses [23800 - 23805] ( Article 1.5 added by Stats. 1959, Ch. 1351. )

    Verify source ↗

    Breaking a condition on a license under this article can lead to suspension or revocation of that license.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1.5. Conditional Licenses [23800 - 23805] ( Article 1.5 added by Stats. 1959, Ch. 1351. ) ## 23804. A violation of a condition placed upon a license pursuant to this article shall constitute the exercising of a privilege or the performing of an act for which a license is required without the authority thereof and shall be grounds for the suspension or revocation of such license. (Added by Stats. 1959, Ch. 1351.)
  93. 23805.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1.5. Conditional Licenses [23800 - 23805] ( Article 1.5 added by Stats. 1959, Ch. 1351. )

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    This section gives respondents appeal rights, allows a licensee or transferee to ask for a hearing within 10 days after a denial is mailed, and requires the related proceedings to follow the stated procedures.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1.5. Conditional Licenses [23800 - 23805] ( Article 1.5 added by Stats. 1959, Ch. 1351. ) ## 23805. The proceedings specified in Section 23800(a), (b), (c), (d), and (e) shall be conducted in the same manner as is required for other proceedings involving petitions, protests or accusations, and the right of a respondent in the proceedings to appeal shall include the right to appeal from an order imposing conditions upon the licenses involved in the proceedings. If the department gives notice of conditions pursuant to subdivision (e) of Section 23800 or denies a petition filed under Section 23803, the licensee or transferee may, within 10 days after the mailing of the denial, make a written request for a hearing. The proceedings at the hearing shall be conducted as provided in Section 24300, and the respondent shall have the same rights of appeal therefrom as in disciplinary actions. (Amended by Stats. 1999, Ch. 499, Sec. 2. Effective January 1, 2000.)
  94. 23815.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The section states that the public welfare and morals require a limit on the number of premises licensed to sell distilled spirits.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23815. It is hereby determined that the public welfare and morals require that there be a limitation on the number of premises licensed for the sale of distilled spirits. (Added by Stats. 1953, Ch. 152.)
  95. 23816.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    Onsale general licenses are capped at one for each 2,000 county inhabitants, with limited exceptions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23816. The number of premises for which an onsale general license is issued shall be limited to one for each 2,000, or fraction thereof, inhabitants of the county in which the premises are situated. No additional onsale general licenses, other than a renewal or transfer or as permitted by Section 23821, shall be issued in any county where the number of all premises for which onsale general licenses are issued is more than one for each 2,000, or fraction thereof, inhabitants of the county. No onsale general license shall be issued in lieu of or upon the cancellation or surrender of an onsale beer and wine license. (Amended by Stats. 1961, Ch. 783.)
  96. 23817.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    Offsale general licenses are capped by county population: one premises per 2,000 inhabitants before July 1, 1963, and one premises per 2,500 inhabitants on and after that date, with renewals, transfers, and Section 23821 exceptions allowed.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23817. Until July 1, 1963, the number of premises for which an offsale general license is issued shall be limited to one for each 2,000, or fraction thereof, inhabitants of the county in which the premises are situated; and no additional offsale general license, other than a renewal or transfer or as permitted by Section 23821, shall be issued in any county where the number of premises for which all offsale general licenses are issued is more than one for each 2,000, or fraction thereof, inhabitants of the county. On and after July 1, 1963, the number of premises for which an offsale general license is issued shall be limited to one for each 2,500, or fraction thereof, inhabitants of the county in which the premises are situated; and no additional offsale general license, other than a renewal or transfer or as permitted by Section 23821, shall be issued in any county where the number of premises for which all offsale general licenses are issued is more than one for each 2,500, or fraction thereof, inhabitants of the county. (Amended by Stats. 1961, Ch. 783.)
  97. 23817.10.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    The department may issue extra off-sale beer and wine licenses if local population growth meets the stated census-based thresholds and the existing license total stays within the Section 23817.5 maximum.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23817.10. Whenever it is made to appear to the department by satisfactory evidence that the population in any city or county has increased by more than 2,500 or multiples of 2,500 inhabitants or the population in a city and county has increased by more than 1,250 or multiples of 1,250 inhabitants since the most recent United States decennial census and if the total number of off-sale beer and wine licenses in that city, county, or city and county does not then exceed the maximum specified in Section 23817.5, the department may issue additional licenses, not to exceed one off-sale beer and wine license for each increase of 2,500 inhabitants in the city or county or for each increase of 1,250 inhabitants in the city and county since the taking of the census. (Added by Stats. 1997, Ch. 564, Sec. 6. Effective January 1, 1998.)
  98. 23817.4.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The Legislature states that public welfare and morals require a limit on the number of premises licensed for off-sale beer and wine.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23817.4. The Legislature finds and declares that the public welfare and morals require that there be a limitation on the number of premises licensed for the off sale of beer and wine. (Added by Stats. 1997, Ch. 564, Sec. 1. Effective January 1, 1998.)
  99. 23817.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section limits how many off-sale beer and wine licenses may be issued based on local population and sets conditions for replacement licenses.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23817.5. (a) (1) The number of premises for which an off-sale beer and wine license is issued shall be limited to one for each 2,500, or fraction thereof, inhabitants of the city or county in which the premises are situated. No additional off-sale beer and wine license, other than a renewal or transfer or as permitted by Section 23821, shall be issued in any city or county where the number of premises for which all off-sale beer and wine licenses are issued is more than one for each 2,500, or fraction thereof, inhabitants of the city or county. (2) The number of premises for which an off-sale beer and wine license is issued in a city and county, in combination with the number of premises for which an off-sale general license is issued in a city and county, shall be limited to one for each 1,250, or fraction thereof, inhabitants of the city and county in which the premises are situated. No additional off-sale beer and wine license, other than a renewal or transfer or as permitted by Section 23821, shall be issued in any city and county where the number of premises for which all off-sale beer and wine licenses in combination with off-sale general licenses are issued is more than one for each 1,250, or fraction thereof, inhabitants of the city and county. (b) (1) Notwithstanding subdivision (a), a retail off-sale beer and wine replacement license may be issued at a premises that was operated under an existing off-sale beer and wine license no less than 90 days prior to the date of application for the replacement license, provided that the existing licensee is subject to a bankruptcy proceeding and the existing licensee has no right to operate at the premises, or has abandoned the premises of that license. (2) A replacement license shall not be issued if the existing license has been, or is in the process of being, transferred, or if the existing license has been canceled by the licensee or surrendered by the licensee pursuant to department rule. (3) An application for a replacement license shall be accompanied by a fee equivalent to the application fee for a retail package off-sale beer and wine license and all conditions imposed upon the existing off-sale beer and wine license at the premises shall be imposed upon the replacement license. (4) Upon issuance of the replacement license, the off-sale beer and wine license existing at the premises shall be canceled by operation of law. A replacement license shall not be transferred to another premises. (Amended by Stats. 2019, Ch. 29, Sec. 37. (SB 82) Effective June 27, 2019.)
  100. 23817.7.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department may approve certain off-sale beer and wine license applications and may set reasonable license conditions if the listed local crime and concentration requirements are met and the applicant shows public convenience or necessity.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23817.7. (a) Notwithstanding Section 23817.5, the department may approve an application for an off-sale beer and wine license in areas covered by Section 23817.5, if the applicant shows that public convenience or necessity would be served by the issuance, and where all of the following conditions are found to exist: (1) The applicant premises are located in a crime reporting district that is below that specified pursuant to paragraph (1) of subdivision (a) of Section 23958.4. In considering an application, the department may take into account adjacent crime reporting districts, if the applicant premises are located within 100 feet of the boundaries of any adjacent district. The department shall use an average of reported crimes in the crime reporting district in which the premises are located and reported crimes in any adjacent crime reporting district, if the total of crimes reported in the adjacent district or districts is greater than the crime reporting district in which the premises are located. (2) The applicant premises are located in an area that falls below the concentration level provided in paragraph (3) of subdivision (a) of Section 23958.4. (3) The local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines that public convenience or necessity would be served by the issuance. (b) The department may impose reasonable conditions on a licensee as may be needed in the interest of the public health, safety, and welfare regarding signing, training for responsible beverage sales and hours, and mode of sale. (Amended by Stats. 2001, Ch. 931, Sec. 3. Effective January 1, 2002.)
  101. 23817.8.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department may approve certain off-sale beer and wine license applications by licensed beer and wine wholesalers, and may impose reasonable conditions on a licensee.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23817.8. (a) Notwithstanding Section 23817.5, the department may approve an application for an off-sale beer and wine license by a licensed beer and wine wholesaler, even though the applicant premises will be located in an area having an undue concentration of off-sale beer and wine licenses, as provided in paragraph (3) of subdivision (a) of Section 23958.4, provided each of the following conditions are met: (1) The off-sale beer and wine license shall be held at the same location as the beer and wine wholesaler license. (2) The off-sale beer and wine license shall be restricted to sales solicited and accepted by direct mail, telephone, or on-line computer. The off-sale beer and wine license shall not be used for operations conducted from a retail store open to the public. (b) The department may impose reasonable conditions on a licensee as may be needed in the interest of the public health, safety, and welfare regarding signing, training for responsible beverage sales, hours, and mode of sale. (Amended by Stats. 1997, Ch. 564, Sec. 4. Effective January 1, 1998.)
  102. 23817.9.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    For Section 23817.5, population is determined starting in 2000 by the most recent U.S. decennial census, or by one later census between decennial censuses if the Department of Finance’s Demographic Research Unit validates it five years after a decennial census.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23817.9. For the purposes of Section 23817.5, beginning with the year 2000, population shall be determined by the most recent United States decennial census or a single subsequent census between United States decennial censuses validated by the Demographic Research Unit of the Department of Finance five years after a United States decennial census. (Amended by Stats. 2019, Ch. 29, Sec. 38. (SB 82) Effective June 27, 2019.)
  103. 23818.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Population for Sections 23816 and 23817 must be determined using the latest U.S. decennial or special census, or a later census validated by the Demographic Research Unit of the Department of Finance.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23818. Population, for the purpose of Sections 23816 and 23817, shall be determined by the most recent United States decennial or special census or a subsequent census validated by the Demographic Research Unit of the Department of Finance. (Amended by Stats. 2019, Ch. 29, Sec. 39. (SB 82) Effective June 27, 2019.)
  104. 23819.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section says the article does not authorize canceling an outstanding license or require issuing a license just because the county’s license count does not match the authorized ratio.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23819. Nothing in this article authorizes the cancellation of any license which may be outstanding in any county in excess of the number authorized by the ratio established in this article, nor shall anything in this article require the issuance of any license in any county because the number of the licenses does not equal the authorized ratio. (Added by Stats. 1953, Ch. 152.)
  105. 23820.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    The department may make rules to carry out this article and limit the number of alcoholic beverage licenses in each county, except for beer, beer and wine wholesaler’s, and winegrower’s licenses.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23820. The department may make all rules consistent with the provisions of Section 22 of Article XX of the Constitution, or the provisions of this division, necessary to carry into effect the provisions of this article, and to restrict the issuance of alcoholic beverage licenses, including seasonal licenses, but not including beer, beer and wine wholesaler’s, and winegrower’s licenses, to a number in any county as the department shall determine is in the interest of public welfare and morals, convenience, or necessity. (Amended by Stats. 1997, Ch. 564, Sec. 7. Effective January 1, 1998.)
  106. 23821.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    The department may issue limited additional on-sale or off-sale general licenses in a county when population growth meets the stated thresholds and other conditions are met, and it must publish notice before accepting certain new or transfer applications.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23821. Whenever it is made to appear to the department by satisfactory evidence that the population in any county has increased by more than 2,000 or multiples of 2,000 inhabitants since the most recent United States decennial or special census, and it appears to the department that by reason thereof the inhabitants of the county are unjustly and unfairly discriminated against, and if the total number of on-sale general licenses in such county do not then exceed the maximum specified in Section 23816, the department, subject to the limitation contained in Section 24070, may issue not to exceed one on-sale general license for each increase of 2,000 inhabitants in the county since the taking of the census. Whenever it is made to appear to the department by satisfactory evidence that the population in any county has increased by more than 2,500 or multiples of 2,500 inhabitants since the most recent United States decennial or special census and it appears to the department that by reason thereof the inhabitants of the county are unjustly and unfairly discriminated against, and if the total number of off-sale general licenses in such county do not then exceed the maximum specified in Section 23817, the department, subject to the limitation contained in Section 24070, may issue not to exceed one off-sale general license for each increase of 2,500 inhabitants in the county since the taking of the census. Before any applications for new original on-sale general or new original off-sale general or intercounty transfer of off-sale general or on-sale general licenses are accepted, the department shall publish pursuant to Section 6061 of the Government Code in the county where such new original licenses may be issued or into which off-sale general or on-sale general licenses may be transferred, notice of the department’s intention to receive applications for the issuance of such new original licenses or for the intercounty transfer of off-sale general or on-sale general licenses, setting forth the date, time, manner and place of acceptance of such applications within the county. In all other respects the limitation hereinbefore provided for shall continue in effect. (Amended by Stats. 1969, Ch. 1466.)
  107. 23824.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    Some government-owned or government-leased licensed premises are exempt from the section 23816 limit if they operate as a bona fide public eating place, with special rules for civic auditoriums and Riverside County Fairgrounds premises.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23824. (a) (1) Limitations provided by Section 23816 on the number of licensed premises shall not apply to premises located on land owned by and leased from the State of California, or to premises owned by the State of California, any incorporated city, county, city and county, airport district, or other district or public corporation of the State of California or to premises leased to the State of California or to any city or county, so long as the premises are operated as a bona fide public eating place, provided, however, that civic auditoriums owned by any incorporated city, county, city and county, or other district or any premises leased to the State of California or to any county or city for use as a civic auditorium and directly operated by a public entity shall be subject to the limitations provided by Section 23816, but shall not be required to be operated as a bona fide public eating place. The civic auditorium shall further not be subject to the provisions of Section 23793. (2) An on-sale general bona fide eating place license issued pursuant to paragraph (1) for premises located on land owned by the County of Riverside and operated as the Riverside County Fairgrounds shall not be required to comply with Section 23038, except that food service shall be available to the public at all times during which the privileges of the license are being exercised. (b) Licenses issued on premises owned by the state, incorporated city, county, city and county, airport district, or other district or public corporation of the State of California, or issued on premises leased to the State of California or to any county or city, shall be renewable as set forth in Section 24048. These licenses shall be excluded from the number of premises used in determining application of the limitations provided by this article. These licenses shall only be transferable from person to person at the same premises. Prior to the issuance of these licenses, the governmental agency owning or leasing the premises shall file with the department a written request that the license be issued and a written statement setting forth the reasons why issuance of the license would be in the public interest. (c) A written request filed with the department by the governmental agency owning or the city or county leasing premises used as a civic auditorium and directly operated as a public entity that the license be issued need not contain a written statement setting forth the reasons why issuance of the license would be in the public interest. (Amended by Stats. 2024, Ch. 132, Sec. 1. (SB 1224) Effective January 1, 2025.)
  108. 23824.1.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    Section 23824 applies to certain convention centers and event centers, and any license issued under this section must be conditioned on segregating and allocating all license revenues to the center’s operations and capital needs only.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23824.1. (a) The provisions of Section 23824 shall apply to convention centers and event centers which are operated by municipal, independent nonprofit agencies for the purpose of providing meeting rooms, exhibit space, or event and theatrical seating, or all of these. (b) Any license issued pursuant to this section shall be issued only upon condition that all revenues generated from the license shall be segregated and allocated for the operations and capital requirements of the convention center or event center only. (c) For purposes of this section, “event center” means a community center, activity center, auditorium, convention center, arena, or other building, collection of buildings, or facility which is used exclusively or primarily for the holding of exhibitions, conventions, meetings, spectacles, concerts, or shows. (Added by Stats. 1996, Ch. 254, Sec. 1. Effective January 1, 1997.)
  109. 23825.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    This section says an onsale general license includes a special onsale general license, and Section 23816’s limitation does not prohibit exchanging one type of those licenses for the other.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23825. As used in this article, “onsale general license” includes a special onsale general license; provided, that the limitation prescribed in Section 23816 shall not prohibit the exchange of an onsale general license for a special onsale general license, or the exchange of a special onsale general license for an onsale general license. (Amended by Stats. 1963, Ch. 785.)
  110. 23826.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    In small counties that meet the stated population and license-count limits, the department may issue one extra original on-sale general license and one extra original off-sale general license for the next 12 months, and it must follow Section 23961’s procedure.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826. Notwithstanding any other provision of this chapter, in any county where the inhabitants number less than 2,500 and where on July 1 of any calendar year there exists in any such county none or only one on-sale general license and none or only one off-sale general license the department may issue one additional original on-sale general license and one additional original off-sale general license during the following 12-month period. In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. A license issued pursuant to this section shall not be transferred from one county to another. (Added by Stats. 1967, Ch. 889.)
  111. 23826.10.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    The department may issue limited numbers of new on-sale general licenses for bona fide public eating places in counties of the 29th class, subject to seating-capacity and annual cap limits, and it must use the procedure in Section 23961.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.10. (a) (1) Notwithstanding any other provision of this chapter, in any county of the 29th class, commencing January 1, 2009, the department may issue five additional new original on-sale general licenses for bona fide public eating places per year, for a period of three years. Any premises to qualify for a license under this paragraph shall have a seating capacity for 50 or more diners. In no event shall more than 15 on-sale general licenses for bona fide eating places be issued under this paragraph. (2) Notwithstanding any other provision of this chapter, in any county of the 29th class, the department, in addition to those licenses issued pursuant to paragraph (1), may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places from January 1, 2017, to December 31, 2017, inclusive. Any premises to qualify for a license under this paragraph shall have a seating capacity for 25 or more diners. (3) Notwithstanding any other provision of this chapter, in any county of the 29th class, commencing January 1, 2018, in addition to those licenses issued pursuant to paragraphs (1) and (2), the department may issue five additional new original on-sale general licenses for bona fide public eating places per year, for a period of four years. Any premises to qualify for a license under this paragraph shall have a seating capacity for 25 or more diners. In no event shall more than 20 on-sale general licenses for bona fide eating places be issued under this paragraph. (4) Notwithstanding any other provision of this chapter, in any county of the 29th class, commencing January 1, 2021, in addition to those licenses issued pursuant to paragraphs (1) to (3), inclusive, the department may issue 10 additional new original on-sale general licenses for bona fide public eating places per year, for a period of five years. Any premises to qualify for a license under this paragraph shall have a seating capacity for 25 or more diners. (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (c) Nothing in this chapter shall prohibit a person who currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. (d) (1) A license issued under this section shall not be transferred from one county to another nor shall it be transferred to any premises not qualifying under this section. (2) A license issued under paragraph (3) or paragraph (4) of subdivision (a) on and after January 1, 2021, shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor. (e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section. (Amended by Stats. 2020, Ch. 53, Sec. 1. (AB 2459) Effective January 1, 2021.)
  112. 23826.11.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    This section lets the department issue a limited number of additional on-sale general licenses for bona fide public eating places in counties of the 18th class, with qualification and transfer limits.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.11. (a) Notwithstanding any other provision of this chapter, in any county of the 18th class the department may issue five additional new original on-sale general licenses for bona fide public eating places per year, until January 1, 2016. To qualify for a license under this section the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners. Not more than a total of 15 on-sale general licenses shall be issued under this section. (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (c) This chapter does not prohibit a person who currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. (d) A license issued under this section shall not be transferred from one county to another nor shall it be transferred to any premises not qualifying under this section. (Added by Stats. 2012, Ch. 467, Sec. 1. (AB 1320) Effective January 1, 2013.)
  113. 23826.12.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    The department may issue up to five additional new original on-sale general licenses for bona fide public eating places in any county of the 24th class, if the premises have seating for at least 50 diners.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.12. (a) Notwithstanding any other provision of this chapter, in any county of the 24th class, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places from January 1, 2014, to December 31, 2016, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners. (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (c) This chapter does not prohibit a person who currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. (d) A license issued under this section shall not be transferred from one county to another, nor shall it be transferred to any premises not qualifying under this section. (Amended by Stats. 2014, Ch. 71, Sec. 13. (SB 1304) Effective January 1, 2015.)
  114. 23826.13.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    This section limits how many neighborhood-restricted special on-sale general licenses the department may issue in certain San Francisco census tracts and restricts who can apply, transfer, or use them.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.13. (a) Notwithstanding this chapter, in any county of the sixth class, the department may issue no more than a total of five new original neighborhood-restricted special on-sale general licenses to premises located in any of the census tracts listed in subdivision (b) per year beginning on January 1, 2017, until a total of 40 new licenses authorized by this section are issued. (b) To qualify for a license issued pursuant to this section, the premises for which the license would apply shall be located within one of the following United States Bureau of Census census tracts, corresponding to those identified within the 2020 Census, located within the City and County of San Francisco, subject to the following limitations: (1) United States Bureau of the Census census tract 612000, 232000, 234000, 233000, or 230030. No more than a total of 10 neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts. (2) United States Bureau of the Census census tract 258000 or 257020. No more than a total of four neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts. (3) United States Bureau of the Census census tract 264030. No more than a total of two neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within this tract. (4) United States Bureau of the Census census tract 255010, 255020, 256000, 260020, 260010, 260040, 261000, or 263010. No more than a total of 10 neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts. (5) United States Bureau of the Census census tract 309000, 310000, or 312010. No more than a total of four neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts. (6) United States Bureau of the Census census tract 330010, 330020, 329010, 328010, 353000, or 354000. No more than a total of five neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts. (7) United States Bureau of the Census census tract 328020, 329020, 351010, 351020, 352010, or 352020. No more than a total of five neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts. (c) In issuing the licenses pursuant to this section, the department shall follow the procedure set forth in Section 23961. A license shall not be issued pursuant to this section to an applicant until any existing on-sale licenses issued to the applicant for the same premises are canceled. (d) (1) A person who currently holds an on-sale general license for a premises, who currently holds any interest in an on-sale general license for a premises, who has held an on-sale general license for a premises within the 12 months before the date of the drawing required by Section 23961, or who has held any interest in an on-sale general license for a premises within the 12 months before the date of the drawing required by Section 23961, shall not apply for a license issued pursuant to this section for that licensed premises. (2) In addition to the other requirements of this section, an application for a neighborhood-restricted on-sale general license shall be subject to all the requirements that apply to an on-sale general license for a bona fide eating place. (e) (1) A license issued pursuant to this section shall not be transferred between counties. (2) Except as provided in paragraphs (3) and (4), a license issued pursuant to this section shall not be transferred to any other premises. (3) Paragraph (2) shall not apply to any licensee whose premises have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee, for whom the provisions of Section 24081 shall apply. (4) The department may allow a license issued pursuant to this section to be transferred within the same neighborhood, as described in paragraphs (1) to (7), inclusive, of subdivision (b). (5) A license issued pursuant to this section shall not be transferred to any person, partnership, limited partnership, limited liability company, or corporation. This provision shall not apply to licenses transferred under Section 24071, 24071.1, or 24071.2. (f) Following the cancellation or revocation of a license issued pursuant to this section, the department may issue one additional new original neighborhood-restricted special on-sale general license following the procedure set forth in Section 23961 and the provisions of this section. (g) A person that holds a neighborhood-restricted special on-sale general license issued pursuant to this section shall not exchange that license for an on-sale license for public premises. (h) Except as specified herein, a neighborhood-restricted special on-sale general license may exercise all of the privileges, and is subject to all the restrictions, of an on-sale general license for a bona fide eating place. (i) (1) Commencing January 1, 2025, subject to paragraph (2), a licensee may exercise off-sale privileges pursuant to Sections 23401 and 23401.5. This section does not limit the authority of the department to impose conditions on a license pursuant to Article 1.5 (commencing with Section 23800). (2) The holder of a neighborhood restricted special on-sale general license issued before January 1, 2025, shall not exercise off-sale privileges pursuant to Section 23401 and 23401.5 unless the department approves a petition submitted by the licensee requesting to exercise off-sale privileges. If the department determines that good cause exists to deny the petition, in whole or in part, the department shall endorse the prohibition or other restriction as a condition on the license, which is subject to Article 1.5 (commencing with Section 23800). The licensee may make a written request for hearing on the denial of a petition in the same manner as provided in Section 23805. (j) The department shall adopt rules and regulations to enforce this section. (Amended by Stats. 2024, Ch. 393, Sec. 1. (AB 2359) Effective January 1, 2025.)
  115. 23826.14.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    In Inyo County, the department may issue up to five additional new original on-sale general licenses during the stated period, and qualifying public eating places must have seating for at least 50 diners.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.14. (a) Notwithstanding any other provision of this chapter, in the County of Inyo, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places, public premises, or both from January 1, 2017, to December 31, 2019, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners. (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (c) This chapter does not prohibit a person that currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. (d) A license issued under this section shall not be transferred from one county to another, nor shall it be transferred to any premises not qualifying under this section. (Added by Stats. 2016, Ch. 256, Sec. 1. (AB 1558) Effective January 1, 2017.)
  116. 23826.15.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    Mariposa County has a cap on additional on-sale general licenses for bona fide public eating places, and those licenses cannot be transferred or sold above the original fee.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.15. (a) Notwithstanding any other provision of this chapter, in the County of Mariposa, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners. (b) The Board of Supervisors of the County of Mariposa, by resolution, may specify the maximum number of licenses to be issued under this section in any year, not to exceed five. Such a resolution shall be effective for one year and shall be adopted and submitted to the department no later than July 1 of the year to which the resolution applies. The department shall not issue more than five licenses under this section per year. In the event that the board of supervisors fails to submit a resolution under this subdivision by July 1 of any year, the department may issue any licenses that have not been issued under this section during that year. (c) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (d) This chapter does not prohibit a person that currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. (e) (1) A license issued under this section shall not be transferred from one county to another, nor shall it be transferred to any premises not qualifying under this section. (2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor. (f) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section. (Added by Stats. 2020, Ch. 53, Sec. 2. (AB 2459) Effective January 1, 2021.)
  117. 23826.16.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    In El Dorado County, the department may issue no more than 10 additional new original on-sale general licenses for bona fide public eating places, and no more than four under this section each year.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.16. (a) Notwithstanding any other provision of this chapter, in the County of El Dorado, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. The department shall not issue more than four licenses under this section per year. (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (c) This chapter does not prohibit a person that currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. (d) (1) A license issued under this section shall not be transferred from one county to another, nor shall it be transferred to any premises not qualifying under this section. (2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor. (e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section. (Added by Stats. 2022, Ch. 889, Sec. 1. (SB 1452) Effective January 1, 2023.)
  118. 23826.17.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    In Shasta County, the department may issue up to 10 additional new original on-sale general licenses for bona fide public eating places, with a limit of 4 per year.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.17. (a) Notwithstanding any other provision of this chapter, in the County of Shasta, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. The department shall not issue more than four licenses under this section per year. (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (c) This chapter does not prohibit a person that currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. (d) (1) A license issued under this section shall not be transferred from one county to another, nor shall it be transferred to any premises not qualifying under this section. (2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor. (e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section. (Added by Stats. 2022, Ch. 889, Sec. 2. (SB 1452) Effective January 1, 2023.)
  119. 23826.18.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    In Nevada County, the department may issue up to 10 new original on-sale general licenses for bona fide public eating places, with a maximum of 4 per year.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.18. (a) Notwithstanding any other provision of this chapter, in the County of Nevada, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. The department shall not issue more than four licenses under this section per year. (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (c) This chapter does not prohibit a person that currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. (d) (1) A license issued under this section shall not be transferred from one county to another, nor shall it be transferred to any premises not qualifying under this section. (2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor. (e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section. (Added by Stats. 2023, Ch. 113, Sec. 1. (SB 787) Effective January 1, 2024.)
  120. 23826.19.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    In Placer County, the department may issue up to 10 new original on-sale general licenses for bona fide public eating places, but no more than four per year.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.19. (a) Notwithstanding any other provision of this chapter, in the County of Placer, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. The department shall not issue more than four licenses under this section per year. (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (c) This chapter does not prohibit a person that currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. (d) (1) A license issued under this section shall not be transferred from one county to another, nor shall it be transferred to any premises not qualifying under this section. (2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor. (e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section. (Added by Stats. 2023, Ch. 282, Sec. 1. (AB 1668) Effective January 1, 2024.)
  121. 23826.2.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    A new off-sale beer and wine license may not be issued in a county of the first class unless it is issued with required conditions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.2. No new off-sale beer and wine license shall be issued in a county of the first class, as specified in Section 28022 of the Government Code, unless it is issued with conditions, pursuant to Sections 23800 and 23801, which provide that the sale of products other than beer and wine on an annual basis, measured by gross receipts, shall exceed the annual sales of beer and wine products measured by the same basis. (Added by Stats. 1984, Ch. 793, Sec. 1.)
  122. 23826.20.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    This section limits how many new on-sale general licenses the department may issue in El Dorado and Placer counties, and it sets location, transfer, price, and application rules for those licenses.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.20. (a) For purposes of this section, “retail center” means a multitenant shopping center that contains at least 300,000 square feet of retail shopping space open to the public. (b) (1) Notwithstanding any other provision of this chapter, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places in the County of El Dorado, and a total of 10 additional new original on-sale general licenses for bona fide public eating places in the County of Placer. (A) The department shall not issue more than four licenses under this section, per county, in the first year after this section takes effect. (B) To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall be located in a retail center. The department shall issue at least three of the licenses authorized by this section, per county, for a premises located in a retail center that contains at least 1,000,000 square feet of retail shopping space open to the public. (C) A licensee that holds an on-sale general license for a bona fide public eating place that is in a retail center shall not be eligible to apply for a license under this section for the same licensed premises. (2) A county board of supervisors may submit a resolution to the department by July 1 of any year in which licenses authorized by this section have not been issued that further restricts the maximum number of licenses that may be issued in that county pursuant to paragraph (1). If the county board of supervisors does not submit a resolution, the department may issue any licenses that have not been issued. (c) In issuing any license pursuant to this section, the department shall follow the procedure set forth in Section 23961. (d) This chapter does not prohibit a person that currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. (e) (1) A license issued under this section shall not be transferred from one county to another, nor shall it be transferred to any premises not qualifying under this section. (2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor. (f) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section. (g) Following the cancellation or revocation of a license issued under this section, the department may issue one additional license pursuant to the procedures set forth in Section 23961 and this section. (Added by Stats. 2024, Ch. 312, Sec. 1. (AB 2589) Effective January 1, 2025.)
  123. 23826.21.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    In Colusa County, the department may issue up to 10 additional new original on-sale general licenses for bona fide public eating places, and it must follow Section 23961 when issuing them.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.21. (a) Notwithstanding any other provision of this chapter, in the County of Colusa, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (c) This chapter does not prohibit a person that currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. (d) (1) A license issued under this section shall not be transferred from one county to another, nor shall it be transferred to any premises not qualifying under this section. (2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor. (e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section. (Added by Stats. 2025, Ch. 153, Sec. 1. (AB 445) Effective January 1, 2026.)
  124. 23826.22.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    This section lets the department issue a limited number of new licenses for bona fide public eating places in a designated hospitality zone in San Francisco, and restricts transfers and timing.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.22. (a) For purposes of this section, the following definitions apply: (1) “Hospitality zone” means an area designated by an ordinance in the City and County of San Francisco on or after January 1, 2026, that contains at least 1,000,000 square feet of retail shopping space open to the public. The City and County of San Francisco shall not designate more than one hospitality zone pursuant to this section. (2) “Local governing body” means the local governing body of the City and County of San Francisco. (b) (1) Notwithstanding any other provision of this chapter, the department, subject to subdivision (c), may issue up to 20 additional new original on-sale general licenses for bona fide public eating places located within a designated hospitality zone. (2) (A) During the first year following the adoption of a valid ordinance to designate a hospitality zone and the submission of that ordinance to the department by the local governing body, the department may issue up to 10 of the 20 licenses during the same calendar year. (B) In any subsequent year, the department may issue any licenses that have not been issued, not exceeding five licenses per calendar year. (c) (1) In order to authorize the issuance of additional licenses pursuant to this section, an ordinance adopted by a local governing body to designate or modify a hospitality zone shall include all of the following: (A) Information as may be necessary to identify the boundaries of the hospitality zone. (B) A finding that the designated area meets the definition of hospitality zone established in this section. (C) A finding that the issuance of additional licenses within this hospitality zone would serve the public convenience or necessity. (2) A local governing body may, in an ordinance designating or modifying a hospitality zone, further limit the maximum number of additional licenses to be issued within its hospitality zone. (3) (A) A local governing body may, in an ordinance designating or modifying a hospitality zone, further limit the areas within the boundaries of the hospitality zone where additional licenses may be issued. (B) Notwithstanding subparagraph (A), an ordinance shall designate a single contiguous area that qualifies as a hospitality zone to meet the requirements of this section. (4) Upon the adoption of an ordinance to modify or repeal a hospitality zone, the local governing body shall submit the ordinance to the department. (d) Any ordinance to establish, modify, or repeal a hospitality zone shall be effective commencing the following July 1. (e) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (f) A licensee that holds an on-sale general license for a bona fide public eating place that is in a hospitality zone shall not be eligible to apply for a license under this section for the same licensed premises. (g) (1) A license issued pursuant to this section shall not be transferred between counties, nor shall it be transferred to any location outside of the hospitality zone or otherwise not qualifying under this section. (2) A license issued pursuant to this section shall not be transferred to any person, partnership, limited partnership, limited liability company, or corporation. This provision shall not apply to licenses transferred under Section 24071, 24071.1, or 24071.2. (3) A license issued pursuant to this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor. (h) Following the cancellation or revocation of a license issued under this section, the department shall issue one additional license pursuant to the procedures set forth in Section 23961 and this section. (i) (1) The department may designate licenses issued pursuant to this section as on-sale general for special use. (2) A designation pursuant to this subdivision shall not alter any license privileges or restrictions established pursuant to this section. (j) The department shall not issue any license under this section after July 1, 2033. (Added by Stats. 2025, Ch. 412, Sec. 1. (SB 395) Effective January 1, 2026.)
  125. 23826.23.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    In San Luis Obispo County, the department may issue up to 10 additional new original on-sale general licenses for bona fide public eating places, with no more than five issued per year.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.23. (a) Notwithstanding any other provision of this chapter, in the County of San Luis Obispo, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. The department shall not issue more than five licenses under this section per year. (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (c) This chapter does not prohibit a person that currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. (d) (1) A license issued under this section shall not be transferred from one county to another, nor shall it be transferred to any premises not qualifying under this section. (2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor. (e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section. (Added by Stats. 2025, Ch. 568, Sec. 1. (AB 1008) Effective January 1, 2026.)
  126. 23826.24.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    This section lets the department issue a limited number of special on-sale general licenses in specified Los Angeles County census tracts, and it restricts who can get, transfer, or resell them.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.24. (a) Notwithstanding this chapter, in the County of Los Angeles, the department may issue no more than 12 new original neighborhood-restricted special on-sale general licenses to bona fide public eating places located in any of the census tracts listed in subdivision (b) per year beginning on January 1, 2026, until a total of 40 new licenses authorized by this section are issued. (b) To qualify for a license issued pursuant to this section, the premises for which the license would apply shall be located within one of the following United States Census Bureau census tracts, corresponding to those identified within the 2020 Census, located within the County of Los Angeles, subject to the following limitations: (1) United States Census Bureau census tract 2060.10, 2060.20, 2060.51, 2060.52, 2062.01, 2062.02, 2063.01, 2063.02, 2063.03, 2071.01, 2071.02, 2071.03, 2073.03, 2073.04, 2073.05, 2073.06, 2073.07, 2073.08, 2074, 2075.01, 2075.02, 2077.11, 2077.12, 2079.01, 2079.02, 2240.10, 2240.20, 2260.01, 2260.02, 2283.20, 2284.20, 2285, 2286, 2292, 2293, 2294.10, 2294.20, 2318, 2319.01, 2319.02, or 2328. No more than a total of 20 neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts. (2) United States Census Bureau census tract 1990.01, 1990.02, 1991.20, 1992.01, 1992.02, 1997, 1998.01, 1998.02, 1999, 2031, 2032, 2033, 2035, 2036.01, 2036.02, 2037.10, 2037.20, 2038, 2039, 2041.10, 2041.20, 2042, 2043, 2044.10, 2044.20, 2046, 2047, 2048.10, 2048.20, 2049.10, 2049.20, 2051.10, 2051.20, 2060.50, 2060.53, or 2060.54. No more than a total of 20 neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts. (3) United States Census Bureau census tract 1895.01, 1895.02, 1897.02, 1898.01, 1898.02, 1899.03, 1899.04, 1899.05, 1899.06, 1899.07, 1901.01, 1901.02, 1902.01, 1902.02, 1903.02, 1903.03, 1905.10, 1907.01, 1907.02, 1908.01, 1908.02, 1909.01, 1909.02, 1910, 1916.10, 1917.10, 1917.20, 1918.10, 1918.20, 1919.01, 1941.01, 1941.02, 1942, 1943, 2083.01, 2083.02, 2084.01, 2084.02, 2085.01, 2085.02, 2086.10, 2086.20, 2098.10, 2098.20, 2100.10, 2123.03, 2123.04, 2123.05, 2123.06, 2124.10, 2124.20, 2125.01, 2125.02, 2132.01, 2133.10, 2133.20, 2134.02, 2211.10, 2211.20, 2212.20, 2216.02, or 2611.03. No more than a total of 20 neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts. (c) In issuing the license pursuant to this section, the department shall follow the procedures set forth in Section 23961. A license shall not be issued pursuant to this section to an applicant until any existing on-sale licenses issued to the applicant for the same premises are canceled. (d) (1) A person who currently holds an on-sale general license for a premises, who holds any interest in an on-sale general license for a premises, who has held an on-sale general license for a premises within the 12 months before the date of the drawing required by Section 23961, or who has held any interest in an on-sale general license for a premises within the 12 months before the date of the drawing required by Section 23961, shall not be eligible for a license issued pursuant to this section for that licensed premises. (2) In addition to the other requirements of this section, an application for a neighborhood-restricted on-sale general license shall be subject to all the requirements that apply to an on-sale general license for a bona fide eating place. (e) (1) A license issued pursuant to this section shall not be transferred between counties. (2) Except as provided in paragraphs (3) and (4), a license issued pursuant to this section shall not be transferred to any other premises. (3) Paragraph (2) shall not apply to any licensee whose premises have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee, for whom the provisions of Section 24081 shall apply. (4) The department may allow a license issued pursuant to this section to be transferred within the same neighborhood, as described in paragraphs (1) to (3), inclusive, of subdivision (b). (5) A license issued pursuant to this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor. (f) Following the cancellation or revocation of a license issued pursuant to this section, the department may issue one additional new original neighborhood-restricted special on-sale general license following the procedure set forth in Section 23961 and the provisions of this section. (g) A person who holds a neighborhood-restricted special on-sale general license issued pursuant to this section shall not exchange that license for an on-sale license for public premises. (h) Except as specified herein, a neighborhood-restricted special on-sale general license may exercise all of the privileges, and is subject to all the restrictions, of an on-sale general license for a bona fide eating place. (i) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section. (j) The department may adopt rules and regulations to enforce this section. (Added by Stats. 2025, Ch. 715, Sec. 1. (AB 828) Effective January 1, 2026.)
  127. 23826.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

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    The department may issue three additional original off-sale general licenses in any county of the 58th class, must follow Section 23961’s procedure when doing so, and those licenses may not be transferred to another county.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.5. Notwithstanding any other provision of this chapter, in any county of the 58th class, the department may issue three additional original off-sale general licenses. In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. A license issued pursuant to this section shall not be transferred from one county to another. (Added by Stats. 1975, Ch. 407.)
  128. 23826.7.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    In certain small counties, the department may issue up to five additional original on-sale general licenses for bona fide public eating places, subject to seating-capacity and county-conditions limits.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.7. Notwithstanding any other provision of this chapter, in any county where the inhabitants number less than 5,000 but more than 3,000 according to the 1970 federal census and where the major economy of that county is dependent upon the year-round use of that county’s recreational facilities the department may issue five additional new original on-sale general licenses for bona fide public eating places. Any premises to qualify for a license under this section shall have a seating capacity for 100 or more diners. In no event shall more than five such licenses be issued under this section. In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. Nothing in this chapter shall prohibit a person who currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. A license issued under this section shall not be transferred from one county to another nor shall it be transferred to any premises not qualifying under this section. (Added by Stats. 1975, Ch. 571.)
  129. 23826.8.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The director may approve conversion of certain seasonal on-sale general licenses, but new original applications are barred on or after January 1, 1983. Converted licenses cannot be transferred for two years, except in stated cases, and the price or consideration is capped at $6,000 for five years.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.8. (a) Notwithstanding any other provision of law, the director may authorize the conversion of any on-sale general license for seasonal business to an on-sale general license if the on-sale general license for seasonal business was originally issued before May 1, 1982, or if an application for original issuance of that license was filed before May 1, 1982, or, in the case of any county of the 34th class, if the on-sale general license for seasonal business was originally issued before October 1, 1982, or if an application for original issuance of that license was filed before October 1, 1982. An application for conversion shall be accompanied by the fee for the on-sale general licenses specified in subparagraph (B) of paragraph (2) of subdivision (a) of Section 23320. The department shall not accept any applications for original issuance of an on-sale general license for seasonal business on or after January 1, 1983. (b) An on-sale general license for seasonal business which is converted to an on-sale general license under this section may not be transferred for a period of two years from the date of issuance, except as provided in Section 24071, and except when the department determines that the transfer is necessary to prevent undue hardship. The purchase price or consideration that may be paid by a transferee or received by a transferor of an on-sale general license created by conversion under this section shall not exceed six thousand dollars ($6,000), except that after a period of five years from the date of issuance of the license there shall be no restriction as to the purchase price or consideration that may be paid by a transferee or received by a transferor. (Amended by Stats. 2019, Ch. 29, Sec. 41. (SB 82) Effective June 27, 2019.)
  130. 23826.9.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department may issue up to 10 additional on-sale general licenses for bona fide public eating places in a county of the 56th class, if the premises have at least 50 diners’ seating capacity.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23826.9. (a) Notwithstanding any other provision of this chapter, in any county of the 56th class, the department may issue 10 additional new original on-sale general licenses for bona fide public eating places. Any premises to qualify for a license under this section shall have a seating capacity for 50 or more diners. In no event shall more than 10 on-sale general licenses for bona fide eating places be issued under this section. (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (c) Nothing in this chapter shall prohibit a person who currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. (d) A license issued under this section shall not be transferred from one county to another nor shall it be transferred to any premises not qualifying under this section. (Added by Stats. 2007, Ch. 193, Sec. 1. Effective January 1, 2008.)
  131. 23827.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    In certain small tourist-dependent counties, the department may issue up to four extra original on-sale general licenses for bona fide public eating places.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Limitation on Number of Licensed Premises [23815 - 23827] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23827. (a) Notwithstanding any other provision of this chapter, in any county where the inhabitants number less than 7,000 and where the major economy of that county is dependent upon tourism and the continual use of that county’s recreational facilities, the department may issue four additional new original on-sale general licenses for bona fide public eating places. Any premises to qualify for a license under this section shall have a seating capacity for 100 or more diners. In no event shall more than four such licenses be issued under this section. (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (c) A license issued pursuant to this section shall not be transferred from one county to another, nor shall it be transferred to any premises not qualifying under this section. (Amended by Stats. 2024, Ch. 230, Sec. 1. (AB 3285) Effective January 1, 2025.)
  132. 2395.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 17. Exemptions from Liability [2395 - 2398] ( Article 17 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A licensee who in good faith provides emergency care at the scene of an emergency is not liable for civil damages, unless the act or omission was willful.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 17. Exemptions from Liability [2395 - 2398] ( Article 17 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2395. No licensee, who in good faith renders emergency care at the scene of an emergency, shall be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care. “The scene of an emergency” as used in this section shall include, but not be limited to, the emergency rooms of hospitals in the event of a medical disaster. “Medical disaster” means a duly proclaimed state of emergency or local emergency declared pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code). Acts or omissions exempted from liability pursuant to this section shall include those acts or omissions which occur after the declaration of a medical disaster and those which occurred prior to such declaration but after the commencement of such medical disaster. The immunity granted in this section shall not apply in the event of a willful act or omission. (Repealed and added by Stats. 1980, Ch. 1313, Sec. 2.)
  133. 2395.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 17. Exemptions from Liability [2395 - 2398] ( Article 17 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    A licensee on call to a hospital emergency room is generally immune from civil damages for negligent acts or omissions while providing emergency obstetrical services in good faith, except for gross negligence, recklessness, willful misconduct, and certain listed situations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 17. Exemptions from Liability [2395 - 2398] ( Article 17 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2395.5. (a) A licensee who serves on an on-call basis to a hospital emergency room, who in good faith renders emergency obstetrical services to a person while serving on-call, shall not be liable for any civil damages as a result of any negligent act or omission by the licensee in rendering the emergency obstetrical services. The immunity granted by this section shall not apply to acts or omissions constituting gross negligence, recklessness, or willful misconduct. (b) The protections of subdivision (a) shall not apply to the licensee in any of the following cases: (1) Consideration in any form was provided to the licensee for serving, or the licensee was required to serve, on an on-call basis to the hospital emergency room. In either event, the protections of subdivision (a) shall not apply unless the hospital expressly, in writing, accepts liability for the licensee’s negligent acts or omissions. (2) The licensee had provided prior medical diagnosis or treatment to the same patient for a condition having a bearing on or relevance to the treatment of the obstetrical condition which required emergency services. (3) Before rendering emergency obstetrical services, the licensee had a contractual obligation or agreement with the patient, another licensee, or a third-party payer on the patient’s behalf to provide obstetrical care for the patient, or the licensee had a reasonable expectation of payment for the emergency services provided to the patient. (c) Except as provided in subdivision (b), nothing in this section shall be construed to affect or modify the liability of the hospital for ordinary or gross negligence. (Added by Stats. 1988, Ch. 1306, Sec. 1.)
  134. 23950.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A license application must be filed with the department on the department’s form, and the department may require extra information.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23950. Application for a license shall be made to the department upon a form prescribed by the department and shall be accompanied by such other information as the department may require to assist it in determining whether the applicant and the premises qualify for a license. (Amended by Stats. 1957, Ch. 1270.)
  135. 23951.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A license application must include specified information about the applicant and the premises.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23951. The application shall contain the following information: (a) The name of the applicant. (b) For a general partnership, the names of the individual partners. (c) For a limited partnership, limited liability company, or a corporation, the name of the entity. (d) The location of the premises for which the license is applied. (Amended by Stats. 1998, Ch. 639, Sec. 8. Effective January 1, 1999.)
  136. 23952.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    An applicant’s license application must include a statement about felony convictions and compliance with alcohol law and department rules, or explain any violation or inability to comply.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23952. The application shall also contain a statement to the effect that the applicant has not been convicted of a felony and has not violated and will not violate or cause or permit to be violated any of the provisions of this division or any rule of the department applicable to the applicant or pertaining to the manufacture, sale, or distribution of alcoholic beverages, particularly any of the provisions of Sections 25500 to 25504, inclusive, or Sections 25611 to 25615, inclusive. If the applicant cannot make this statement the application shall contain a statement of the violation, if any, or reasons which will prevent the applicant from being able to comply with the requirements with respect to the statement. (Amended by Stats. 1955, Ch. 447.)
  137. 23953.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    License applications must be signed by the required person or persons, depending on the business form.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23953. (a) The application shall be signed by the applicant. (b) For a general partnership, the application shall be signed by each of the partners, and for the purposes of this division the partners shall be deemed the applicant for any license and the licensees under any license issued pursuant to that application. (c) For a limited partnership, the application for any license shall be signed by each of the general partners. (d) For a limited liability company that has elected to be managed by its members, the application shall be signed by each member or by an officer authorized by the articles of organization or the operating agreement to bind the company. In the case of a limited liability company that has elected to be managed by a manager or managers, the application shall be signed by the manager or managers or by an officer authorized by the articles of organization or the operating agreement to bind the company. (e) For a corporation, the application shall be signed by two officers of the corporation, one from each of the following categories: (1) The chairperson of the board, the president, or a vice president. (2) The secretary, assistant secretary, chief financial officer, or assistant treasurer. (Amended by Stats. 1998, Ch. 639, Sec. 9. Effective January 1, 1999.)
  138. 23954.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A license application must be verified under oath and submitted with the license fee.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23954. The application shall be verified under oath and accompanied by the license fee. (Added by Stats. 1953, Ch. 152.)
  139. 23954.6.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section says an “original on-sale general license” includes an original special on-sale general license, and the stated fee does not apply when exchanging between those two license types.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23954.6. As used in subparagraph (B) of paragraph (2) of subdivision (a) of Section 23320, “original on-sale general license” includes an original special on-sale general license; provided, that the fee prescribed in that subparagraph shall not be required in connection with the exchange of an on-sale general license for a special on-sale general license, or for the exchange of a special on-sale general license for an on-sale general license. (Amended by Stats. 2019, Ch. 29, Sec. 44. (SB 82) Effective June 27, 2019.)
  140. 23955.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    An applicant for a wine grower’s license must submit a license fee when filing the application, and the fee must be based on a reasonable estimate of the wine gallonage the applicant expects to produce.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23955. Any applicant for a wine grower’s license shall, at the time of filing application for license, accompany the application with a license fee based upon a reasonable estimate of the amount of wine gallonage to be produced by the applicant. (Added by Stats. 1953, Ch. 152.)
  141. 23956.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    An applicant for an offsale general license must file the application together with at least the minimum license fee required, or a larger fee if the applicant chooses.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23956. Any applicant for an offsale general license shall, at the time of filing application for such license, accompany the application with the minimum license fee required or such larger fee as the applicant elects. (Amended by Stats. 1963, Ch. 1040.)
  142. 23957.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Certain retail alcohol license applications for premises being built or under construction must include the information required by this article and any additional premises information the department asks for.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23957. Applications for licenses for the retail sale of alcoholic beverages for premises which are to be constructed or which are in the process of construction shall contain the information required by this article and such other information concerning the proposed premises as the department may require to assist it in determining whether the proposed premises will qualify for a license. (Amended by Stats. 1979, Ch. 373.)
  143. 23958.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department must investigate license and transfer applications and deny them when the applicant or premises do not qualify, or when issuance would create a law enforcement problem or an undue concentration of licenses, except as provided in Section 23958.4.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23958. Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department shall make a thorough investigation to determine whether the applicant and the premises for which a license is applied qualify for a license and whether the provisions of this division have been complied with, and shall investigate all matters connected therewith which may affect the public welfare and morals. The department shall deny an application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division. The department further shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4. (Amended by Stats. 1994, Ch. 630, Sec. 1. Effective January 1, 1995.)
  144. 23958.1.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    For additional beer and wine wholesaler license applications, the department does not have to investigate the applicant’s personal qualifications.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23958.1. Notwithstanding the provisions of Section 23958, the department is not required to investigate the personal qualifications of a licensed beer and wine wholesaler who applies for additional beer and wine wholesaler licenses. (Added by Stats. 1959, Ch. 1887.)
  145. 23958.2.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    When a license is transferred between partners and no new partner is being licensed, the department does not have to investigate the current licensee’s personal qualifications or premises.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23958.2. Notwithstanding the provisions of Section 23958, the department is not required to investigate the personal qualifications or premises of a currently licensed person when a license is being transferred between partners and no new partner is being licensed. (Added by Stats. 1978, Ch. 477.)
  146. 23958.4.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. )

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    Defines when a retail license location is considered an “undue concentration” and allows the department to issue certain licenses only when stated public-convenience-or-necessity conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23958.4. (a) For purposes of Section 23958, “undue concentration” means the case in which the applicant premises for an original or premises-to-premises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c), than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. (2) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. (3) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. (b) Notwithstanding Section 23958, the department may issue a license as follows: (1) With respect to a nonretail license, a retail on-sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer’s license, or a winegrower’s license, if the applicant shows that public convenience or necessity would be served by the issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance. The 90-day period shall commence upon receipt by the local governing body of (A) notification by the department of an application for licensure, or (B) a completed application according to local requirements, if any, whichever is later. If the local governing body, or its designated subordinate officer or body, does not make a determination within the 90-day period, then the department may issue a license if the applicant shows the department that public convenience or necessity would be served by the issuance. In making its determination, the department shall not attribute any weight to the failure of the local governing body, or its designated subordinate officer or body, to make a determination regarding public convenience or necessity within the 90-day period. (c) For purposes of this section, the following definitions shall apply: (1) “Reporting districts” means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county) that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes and arrests. (2) “Reported crimes” means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. (3) “Population within the census tract or census division” means the population as determined by the most recent United States decennial or special census. The population determination shall not operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or census division. (4) “Population in the county” shall be determined by the annual population estimate for California counties published by the Demographic Research Unit of the Department of Finance. (5) “Retail licenses” shall include the following: (A) Off-sale retail licenses: Type 20 (off-sale beer and wine) and Type 21 (off-sale general). (B) On-sale retail licenses: All retail on-sale licenses, except Type 43 (on-sale beer and wine for train), Type 44 (on-sale beer and wine for fishing party boat), Type 45 (on-sale beer and wine for boat), Type 46 (on-sale beer and wine for airplane), Type 53 (on-sale general for train and sleeping car), Type 54 (on-sale general for boat), Type 55 (on-sale general for airplane), Type 56 (on-sale general for vessels of more than 1,000 tons burden), and Type 62 (on-sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement). (6) A “premises-to-premises transfer” refers to each license being separate and distinct, and transferable upon approval of the department. (d) For purposes of this section, the number of retail licenses in the county shall be established by the department on an annual basis. (e) The enactment of this section shall not affect any existing rights of any holder of a retail license issued before April 29, 1992, whose premises were destroyed or rendered unusable as a result of the civil disturbances occurring in Los Angeles from April 29 to May 2, 1992, to reopen and operate those licensed premises. (f) This section shall not apply if the premises have been licensed and operated with the same type license within 90 days of the application. (Amended by Stats. 2019, Ch. 29, Sec. 46. (SB 82) Effective June 27, 2019.)
  147. 23959.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. )

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    If a license application is denied or withdrawn, the nonrefundable part of the application fee is deposited into the Alcohol Beverage Control Fund.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23959. If an application is denied or withdrawn, the nonrefundable portion of the license application fee shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. The balance of this amount, if any, shall be credited on any taxes then due from the applicant under Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code or the Sales and Use Tax Law, and the remaining portion, if any, shall be returned to the applicant. (Amended by Stats. 2019, Ch. 29, Sec. 47. (SB 82) Effective June 27, 2019.)
  148. 2396.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 17. Exemptions from Liability [2395 - 2398] ( Article 17 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A licensee who acts in good faith and gives emergency medical care at another licensed person's request is not liable for civil damages for acts or omissions in providing that care.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 17. Exemptions from Liability [2395 - 2398] ( Article 17 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2396. No licensee, who in good faith upon the request of another person so licensed, renders emergency medical care to a person for medical complication arising from prior care by another person so licensed, shall be liable for any civil damages as a result of any acts or omissions by such licensed person in rendering such emergency medical care. (Repealed and added by Stats. 1980, Ch. 1313, Sec. 2.)
  149. 23961.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. )

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    If there are more applicants than available licenses, the department must hold a drawing to set application priority, and applicants must meet residency and fee requirements to participate.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23961. (a) (1) If, at the conclusion of the period prescribed by the department for the filing of applications for issuance or transfer of on-sale general licenses or off-sale general licenses in any county in its notice of intention to receive applications therefor published pursuant to Sections 23821 and 24070, the department finds that there are more applicants for the particular type of license than there are licenses available for issuance or transfer under Sections 23821 and 24070 the department shall, within 60 days following the conclusion of said period, conduct a drawing to determine the priority in which all of such applications filed with it shall be considered. No more than one such drawing shall be made in any county in any one year, and no person will be entitled to more than one opportunity to participate in such a drawing in any county with respect to an application for issuance or transfer of any one type of license. The number drawn by any applicant shall indicate the priority to be given to the consideration of the application but shall not insure the issuance of a license by the department. (2) In order to participate in the drawing, an applicant shall pay a fee in an amount equal to the fee for licenses identified in paragraph (2) of subdivision (a) of Section 23320. Any participant that does not file a formal application shall receive a refund of the fee less a service charge of one hundred dollars ($100). Any participant that files a formal application and whose application is thereafter denied or withdrawn is entitled to the refund specified in Section 23320. (b) If a drawing is not conducted as provided in subdivision (a) of this section, applications for issuance of original on-sale general licenses and off-sale general licenses in a county or transfer of the licenses into the county shall be made and considered as otherwise provided in this article. (c) No person shall be qualified to participate in such a drawing unless such applicant is a resident of California for at least 90 days prior to the drawing. Prior to the issuance of any license, pursuant to such a drawing, the applicant shall present proof of such residency status. A corporation incorporated in a state other than California, but registered with the Secretary of State to do business in California for 90 days, shall be deemed to have satisfied the residency requirement for the purpose of this section. (d) The department shall advertise, in connection with a drawing conducted pursuant to this section, that participation in such a drawing is available only to California residents. (e) The department shall make the drawing available for viewing via a live video feed. (Amended by Stats. 2023, Ch. 375, Sec. 3. (AB 1704) Effective October 7, 2023.)
  150. 23962.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. )

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    The department may reopen application intake for certain on-sale general licenses if fewer people apply than licenses are available, and must use priority drawings if applicants exceed available licenses.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. Applications for Licenses [23950 - 23962] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 23962. Notwithstanding the provisions of subdivision (b) of Section 23961, if at the conclusion of the period prescribed by the department for the filing of applications for issuance or transfer of on-sale general licenses in any county in its notice of intention to receive applications therefor published pursuant to Sections 23821 and 24070, the department finds there are less applicants than there are on-sale general licenses available for issuance or transfer under Sections 23821 and 24070, the department may, within 90 days of the conclusion of the period, publish pursuant to Section 6061 of the Government Code in the county where such new original on-sale general licenses may be issued or into which on-sale general licenses may be transferred, notice of the department’s intention to receive applications for the issuance of such new original licenses or for the intercounty transfer of such licenses, setting forth the date, time, manner, and place of acceptance of such applications within the county. If at the conclusion of the period prescribed by the department pursuant to this section, the department finds there are more applicants for such licenses than there are licenses available for issuance or transfer under Sections 23821 and 24070, the provisions of subdivision (a) of Section 23961 requiring priority drawings shall apply. No person who has applied in any county for a new original on-sale general license or for intercounty transfer of an on-sale general license during the period prescribed by the department in its notice of intention to receive applications therefor published pursuant to Sections 23821 and 24070, shall be permitted to file application for such new original license or for the intercounty transfer of such license in that county during the period prescribed for receiving applications pursuant to this section. (Added by Stats. 1969, Ch. 1466.)
  151. 2397.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 17. Exemptions from Liability [2395 - 2398] ( Article 17 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A licensee is generally not liable for civil damages when an emergency prevents proper informed consent disclosures, but only for claims based on failure to inform.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 17. Exemptions from Liability [2395 - 2398] ( Article 17 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2397. (a) A licensee shall not be liable for civil damages for injury or death caused in an emergency situation occurring in the licensee’s office or in a hospital on account of a failure to inform a patient of the possible consequences of a medical procedure where the failure to inform is caused by any of the following: (1) The patient was unconscious. (2) The medical procedure was undertaken without the consent of the patient because the licensee reasonably believed that a medical procedure should be undertaken immediately and that there was insufficient time to fully inform the patient. (3) A medical procedure was performed on a person legally incapable of giving consent, and the licensee reasonably believed that a medical procedure should be undertaken immediately and that there was insufficient time to obtain the informed consent of a person authorized to give such consent for the patient. (b) This section is applicable only to actions for damages for injuries or death arising because of a licensee’s failure to inform, and not to actions for damages arising because of a licensee’s negligence in rendering or failing to render treatment. (c) As used in this section: (1) “Hospital” means a licensed general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code. (2) “Emergency situation occurring in the licensee’s office” means a situation occurring in an office, other than a hospital, used by a licensee for the examination or treatment of patients, requiring immediate services for alleviation of severe pain, or immediate diagnosis and treatment of unforeseeable medical conditions, which, if not immediately diagnosed and treated, would lead to serious disability or death. (3) “Emergency situation occurring in a hospital” means a situation occurring in a hospital, whether or not it occurs in an emergency room, requiring immediate services for alleviation of severe pain, or immediate diagnosis and treatment of unforeseeable medical conditions, which, if not immediately diagnosed and treated, would lead to serious disability or death. (Amended by Stats. 2010, Ch. 105, Sec. 1. (SB 953) Effective January 1, 2011.)
  152. 2398.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 17. Exemptions from Liability [2395 - 2398] ( Article 17 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    A licensee who gives voluntary emergency medical help in good faith and without pay at certain school athletic events is generally not liable for civil damages, except for gross negligence.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 17. Exemptions from Liability [2395 - 2398] ( Article 17 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2398. No licensee, who in good faith and without compensation renders voluntary emergency medical assistance to a participant in a community college or high school athletic event or contest, at the site of the event or contest, or during transportation to a health care facility, for an injury suffered in the course of such event or contest, shall be liable for any civil damages as a result of any acts or omissions by such person in rendering such voluntary medical assistance. The immunity granted by this section shall not apply to acts or omissions constituting gross negligence. (Repealed and added by Stats. 1980, Ch. 1313, Sec. 2.)
  153. 23985.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Notices and Protests [23985 - 23987] ( Article 2 added by Stats. 1953, Ch. 152. )

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    Before a liquor license can be issued, the applicant must post the required notice and keep it posted for 30 consecutive days, and must notify the department when it is first posted.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Notices and Protests [23985 - 23987] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23985. After filing an application to engage in the sale of any alcoholic beverage at any premises, notice of intention to so commence shall be posted in a conspicuous place at the entrance to the premises. The applicant shall notify the department of the date when such notice is first posted. No license shall be issued for the premises until the notice has been so posted for at least 30 consecutive days. The notice shall be in such form as the department shall prescribe. Notice of the application for a license pursuant to Section 24044 shall be posted at the proposed premises after the application is filed and shall remain so posted for at least 30 consecutive days. The applicant shall notify the department of the date when such notice is first posted. (Amended by Stats. 1963, Ch. 784.)
  154. 23985.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Notices and Protests [23985 - 23987] ( Article 2 added by Stats. 1953, Ch. 152. )

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    For certain retail license applications, the department must require applicant notice to nearby residents and property owners, and must require bilingual notices in English and Spanish.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Notices and Protests [23985 - 23987] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23985.5. (a) Notwithstanding any other provision of this article, in any instance affecting the issuance of any retail license at a premises that is not currently licensed or for a different retail license, the department shall require that the applicant mail notification of the application to every resident and owner of real property within a 500-foot radius of the premises for which the license is to be issued. (b) The department shall require the applicant to provide notification to the owners of real property, as required in subdivision (a), only if the local jurisdiction in which the license is to be issued provides, free of charge, a list of the names and addresses of the owners to the applicant. (c) For the notification required by subdivision (a), the department shall develop bilingual notices in English and Spanish. The notice shall include information on how to obtain the notice information in a minimum of three of the predominant languages other than English or Spanish in the state, according to the most recent United States decennial or special census information. (Amended by Stats. 2001, Ch. 931, Sec. 4. Effective January 1, 2002.)
  155. 23986.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Notices and Protests [23985 - 23987] ( Article 2 added by Stats. 1953, Ch. 152. )

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    Applicants for certain alcoholic-beverage licenses must publish notice of the application and file proof of publication with the department before a license is issued.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Notices and Protests [23985 - 23987] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23986. (a) Any applicant for an on-sale license shall cause a notice of the application, giving the name or names of the applicant and the premises where the business is to be conducted, to be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation, other than a legal or professional trade publication, in the city in which the premises are situated, or if the premises are not in a city, the publication shall be made in a newspaper of general circulation nearest the premises where the business is to be conducted. The form of the notice shall be prescribed by the department. Affidavit of publication shall be filed with the department prior to the issuance of any license. The department shall adopt rules and regulations to enforce the provisions of this section. (b) Any applicant for an on-sale or off-sale license at a premises which is located in a census tract which has an undue concentration of licenses, as defined in paragraph (2) or (3) of subdivision (a) of Section 23958.4, shall cause a notice of the application to be published pursuant to Section 6063 of the Government Code in a newspaper of general circulation other than a legal or trade publication. Publication shall be made in the city in which the premises are situated, or if the premises are not in a city, the publication shall be made in a newspaper of general circulation nearest the premises where the business is to be conducted. The form of the notice shall be prescribed by the department. Affidavit of publication shall be filed with the department prior to the issuance of any license. The department shall adopt rules and regulations to enforce the provisions of this subdivision. (c) This section shall not apply to any licensee subject to the notification requirements of Section 23985.5 or Section 23987. (Amended by Stats. 2013, Ch. 502, Sec. 1. (AB 593) Effective January 1, 2014.)
  156. 23987.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Notices and Protests [23985 - 23987] ( Article 2 added by Stats. 1953, Ch. 152. )

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    The department must mail notice of certain license applications right away, and generally cannot issue or transfer the license until 30 days after the notice is mailed, with a possible 20-day extension on written request.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Notices and Protests [23985 - 23987] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 23987. Upon the receipt by the department of an original application for any license or an application for transfer of any license, written notice thereof, consisting of a copy of the application, shall immediately be mailed by the department to the sheriff, chief of police, and district attorney of the locality in which the premises are situated, to the city or county planning director, whoever has jurisdiction, the board of supervisors of the county in which the premises are situated, if within an unincorporated area, and to the city council or other governing body of the city in which the premises are situated, if within an incorporated area. Except as specified in paragraph (2) of subdivision (e) of Section 23800, no license shall be issued or transferred by the department until at least 30 days after the mailing by the department of the notices required by this section. The department may extend the 30-day period specified in the preceding sentence for a period not to exceed an additional 20 days, upon the written request of any local law enforcement agency that states proper grounds for extension. Proper grounds for extension are limited to the requesting agency or official being in the process of preparing either a protest or proposed conditions with respect to the issuance or transfer of a license. (Amended by Stats. 2002, Ch. 664, Sec. 30. Effective January 1, 2003.)
  157. 24.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

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    If part of the code is invalid, the rest of the code still remains in effect.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 24. If any provision of this code, or the application thereof, to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby. (Enacted by Stats. 1937, Ch. 399.)
  158. 2400.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    Corporations and other artificial legal entities have no professional rights, privileges, or powers. The Division of Licensing may approve salary-based employment of licensees by certain charitable institutions, foundations, or clinics if stated conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2400. Corporations and other artificial legal entities shall have no professional rights, privileges, or powers. However, the Division of Licensing may in its discretion, after such investigation and review of such documentary evidence as it may require, and under regulations adopted by it, grant approval of the employment of licensees on a salary basis by licensed charitable institutions, foundations, or clinics, if no charge for professional services rendered patients is made by any such institution, foundation, or clinic. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  159. 2401.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This section lets certain clinics and hospitals employ licensees and bill for professional services, but imposes limits and patient-access conditions for some hospitals and bars interference with physicians’ professional judgment.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2401. (a) Notwithstanding Section 2400, a clinic operated primarily for the purpose of medical education by a public or private nonprofit university medical school, which is approved by the board or the Osteopathic Medical Board of California, may charge for professional services rendered to teaching patients by licensees who hold academic appointments on the faculty of the university, if the charges are approved by the physician and surgeon in whose name the charges are made. (b) Notwithstanding Section 2400, a clinic operated under subdivision (p) of Section 1206 of the Health and Safety Code may employ licensees and charge for professional services rendered by those licensees. However, the clinic shall not interfere with, control, or otherwise direct the professional judgment of a physician and surgeon in a manner prohibited by Section 2400 or any other law. (c) Notwithstanding Section 2400, a narcotic treatment program operated under Section 11876 of the Health and Safety Code and regulated by the State Department of Health Care Services, may employ licensees and charge for professional services rendered by those licensees. However, the narcotic treatment program shall not interfere with, control, or otherwise direct the professional judgment of a physician and surgeon in a manner prohibited by Section 2400 or any other law. (d) Notwithstanding Section 2400, a hospital that is owned and operated by a licensed charitable organization, that offers only pediatric subspecialty care, that, before January 1, 2013, employed licensees on a salary basis, and that has not charged for professional services rendered to patients may, commencing January 1, 2013, charge for professional services rendered to patients, provided the following conditions are met: (1) The hospital does not increase the number of salaried licensees by more than five licensees each year. (2) The hospital does not expand its scope of services beyond pediatric subspecialty care. (3) The hospital accepts each patient needing its scope of services regardless of the patient’s ability to pay, including whether the patient has any form of health care coverage. (4) The medical staff concur by an affirmative vote that the licensee’s employment is in the best interest of the communities served by the hospital. (5) The hospital does not interfere with, control, or otherwise direct a physician and surgeon’s professional judgment in a manner prohibited by Section 2400 or any other law. (e) Notwithstanding Section 2400, a federally certified critical access hospital may employ licensees and charge for professional services rendered by those licensees to patients, provided both of the following conditions are met: (1) The medical staff concur by an affirmative vote that the licensee’s employment is in the best interest of the communities served by the hospital. (2) The hospital does not interfere with, control, or otherwise direct a physician and surgeon’s professional judgment in a manner prohibited by Section 2400 or any other law. (Amended by Stats. 2023, Ch. 641, Sec. 1. (AB 242) Effective January 1, 2024.)
  160. 24011.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Denial of Licenses [24011 - 24015] ( Article 3 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    If a license application is denied, the department must notify the applicant in writing, and the applicant may submit a written petition for a license within 10 days after the notice is mailed.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Denial of Licenses [24011 - 24015] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 24011. Immediately upon the denial of any application for a license, the department shall notify the applicant in writing. Within 10 days after the department mails the notice, the applicant may present his written petition for a license to the department. (Amended by Stats. 1955, Ch. 447.)
  161. 24012.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Denial of Licenses [24011 - 24015] ( Article 3 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    If the department receives a license petition in proper form, it must set the petition for hearing.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Denial of Licenses [24011 - 24015] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 24012. Upon receipt by the department of a petition for a license in proper form, the petition shall be set for hearing. (Amended by Stats. 1983, Ch. 1034, Sec. 2. Effective September 22, 1983.)
  162. 24013.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Denial of Licenses [24011 - 24015] ( Article 3 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    This section sets deadlines and procedures for filing protests about an alcoholic-beverage license and for the department’s response.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Denial of Licenses [24011 - 24015] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 24013. (a) Protests may be filed at any office of the department within 30 days from the first date of posting the notice of intention to engage in the sale of alcoholic beverages at the premises, within 30 days of the mailing of the notification pursuant to Section 23985.5, or within 30 days of the mailing of the notices of the department to public officials as required by Section 23987, whichever is later. The time within which a local law enforcement agency may file a protest shall be extended by the period prescribed in Section 23987, pursuant to a request made under that section. (b) (1) The department may reject protests, except protests made by a public agency or public official or protests made by the governing body of a city or county, if it determines the protests are false, vexatious, frivolous, invalid or unreasonable, or without reasonable or probable cause at any time before hearing thereon, notwithstanding Section 24016 or 24300. If, after investigation, the department recommends that a license be issued notwithstanding a protest by a public agency, a public official, or the governing body of a city or county, the department shall notify the agency, official, or governing body in writing of its determination and the reasons therefor, in conjunction with the notice of hearing provided to the protestant pursuant to Section 11509 of the Government Code. If the department rejects a protest as provided in this section and issues a license, a protestant whose protest has been rejected may, within 10 days after the issuance of the license, file an accusation with the department alleging the grounds of protest as a cause for revocation of the license and the department shall hold a hearing as provided in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (2) The department shall promulgate regulations by January 1, 2016, to implement this provision. (c) Nothing in this section shall be construed as prohibiting or restricting any right that the individual making the protest might have to a judicial proceeding. (Amended by Stats. 2013, Ch. 502, Sec. 2. (AB 593) Effective January 1, 2014.)
  163. 24013.1.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Denial of Licenses [24011 - 24015] ( Article 3 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    If a license application is voluntarily withdrawn because of a protest, the applicant cannot refile for the same location for one year.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Denial of Licenses [24011 - 24015] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 24013.1. If an application for a license is voluntarily withdrawn as a result of any protest being filed opposing the issuance of such license, such applicant may not refile an application for the same location for a period of one year from the date of such withdrawal. (Added by Stats. 1978, Ch. 454.)
  164. 24013.2.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Denial of Licenses [24011 - 24015] ( Article 3 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    If a license application for a premises is withdrawn, verified protests already filed stay valid against later applications for that same premises for one year from the withdrawal date.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Denial of Licenses [24011 - 24015] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 24013.2. If an application for issuance of a license at a premises is withdrawn pursuant to Section 24013.1, all verified protests filed against the issuance of the license at the premises in such application shall remain valid against any subsequent applications filed for that premises for a period of one year from the date of withdrawal. (Added by Stats. 1978, Ch. 454.)
  165. 24013.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Denial of Licenses [24011 - 24015] ( Article 3 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A license may not be issued for premises after a denial or revocation tied to the premises until the stated waiting period has passed.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Denial of Licenses [24011 - 24015] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 24013.5. (a) No license shall be issued for any premises for which a license has been denied or revoked, for reasons pertaining to the premises, unless one year has elapsed from the date the order becomes final. (b) No license shall be issued for any premises for which a license has been denied, for reasons pertaining to the premises, twice within a 36-month period, unless two years have elapsed from the date that the last order becomes final. (Added by Stats. 1996, Ch. 538, Sec. 1. Effective January 1, 1997.)
  166. 24014.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Denial of Licenses [24011 - 24015] ( Article 3 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Most protests under this section must be verified, and each protest must be submitted by one individual with only one signatory.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Denial of Licenses [24011 - 24015] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 24014. (a) A protest made by any person other than an employee of the department or a public officer shall be verified. Verification may be on information and belief. (b) A protest made pursuant to this section shall be submitted by an individual and shall be limited to one signatory. (Amended by Stats. 2013, Ch. 502, Sec. 3. (AB 593) Effective January 1, 2014.)
  167. 24015.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Denial of Licenses [24011 - 24015] ( Article 3 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department must notify the applicant and protesting parties of its determination, and qualified protesters may request a hearing within 15 business days. The department may accept a late hearing request for good cause before the license is issued.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Denial of Licenses [24011 - 24015] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 24015. (a) If, after investigation, the department recommends that a license be issued, with or without conditions, notwithstanding that one or more protests have been accepted by the department, the department shall notify the applicant and all protesting parties whose protests have been accepted in writing of its determination. (b) Any person who has filed a verified protest in a timely fashion pursuant to subdivision (a) of Section 24013, that has been accepted pursuant to this article may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under subdivision (a). (c) At any time prior to the issuance of the license, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review. (d) If a request for a hearing is filed with the department pursuant to subdivision (b), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing. (e) Notwithstanding that a hearing is held pursuant to subdivision (d), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn. (f) If no request for a hearing is filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may issue the license without any further proceeding. (g) If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn. (Repealed and added by Stats. 2004, Ch. 345, second Sec. 2. Effective January 1, 2005.)
  168. 2402.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Section 2400 does not apply to a compliant medical or podiatry corporation acting under the Moscone-Knox Professional Corporation Act and this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2402. The provisions of Section 2400 do not apply to a medical or podiatry corporation practicing pursuant to the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code) and this article, when such corporation is in compliance with the requirements of these statutes and all other statutes and regulations now or hereafter enacted or adopted pertaining to such corporations and the conduct of their affairs. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
  169. 2403.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    Section 2400 does not apply to certain physicians, surgeons, and doctors of podiatric medicine in approved residency or fellowship programs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 18. Corporations [2400 - 2417.5] ( Article 18 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2403. The provisions of Section 2400 do not apply to physicians and surgeons or doctors of podiatric medicine enrolled in approved residency postgraduate training programs or fellowship programs. (Added by Stats. 2013, Ch. 515, Sec. 16. (SB 304) Effective January 1, 2014.)
  170. 24040.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A license must be issued to a specific person, and usually to a specific location with the principal address shown on the license.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24040. Each license shall be issued to a specific person and, except in the case of licenses authorizing the sale of alcoholic beverages on trains or boats, or the service of alcoholic beverages on airplanes shall be issued for a specific location, the principal address of which shall be indicated on the license. Except as provided in Section 24044, any license issued for a specific location shall be placed in use at that location within 30 days of the date of issuance. (Amended by Stats. 1963, Ch. 1040.)
  171. 24041.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Businesses with more than one location generally need a separate license for each premises. A manufacturer, importer, or wholesaler may receive, store, and deliver wine at a department-licensed public warehouse without an additional warehouse license. An out-of-state business must have a public warehouse license when its alcoholic beverages come to rest, are stored, and are shipped from a public warehouse in California.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24041. Separate licenses shall be issued for each of the premises of any business establishment having more than one location, except as provided for in Sections 23355.1, 23388, 23389, and 23390, except that any manufacturer, importer, or wholesaler may receive, store, and deliver wine as specified in its license, at and from a public warehouse licensed by the department, without holding an additional license at the warehouse. A license at a public warehouse shall be required by an out-of-state business whose alcoholic beverages come to rest, are stored, and shipped from a public warehouse in California. (Amended by Stats. 2013, Ch. 337, Sec. 3. (SB 818) Effective January 1, 2014.)
  172. 24041.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    This section allows an off-sale general license to be issued for part of the same premises as an existing off-sale beer and wine license, if the two licenses are held by different people and the issuance follows department rules.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24041.5. The provisions of this division do not prohibit the issuance of an off-sale general license for use on part of the same premises for which an off-sale beer and wine license has been issued and is in force, when the two licenses would be held by different persons, provided that such issuance shall be pursuant to rules adopted by the department. (Added by Stats. 1965, Ch. 826.)
  173. 24042.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    Certain on-sale licensees with multiple rooms and fixed service bars must get and post duplicate licenses for each extra room; the department may issue duplicates, but notice, waiting periods, and a hearing can apply.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24042. (a) Any licensee under an on-sale general license or an on-sale general license for seasonal business who maintains upon or within the premises for which the license is issued more than one room in which there is regularly maintained a fixed counter or service bar at which distilled spirits are served to members of the public for consumption within the licensed premises shall obtain from the department, and the department may upon request issue, a duplicate of the original license for each room, in excess of one, containing a fixed counter or service bar and shall post a duplicate of the original license in each room. Failure to obtain the duplicate licenses and to pay the fees, as specified in Section 23320, shall subject the licensee to the penalties imposed by this division for failure to obtain an original license or to pay the annual fees therefor. (b) The duplicate license may be issued to a room reserved for the exclusive use of designated patrons, provided that the department shall, in the event the license is issued, endorse upon the license the terms and conditions under which the privileges conferred by the said license may be exercised, and provided further that upon the receipt by the department of the request for the duplicate license written notice thereof which shall consist of a copy of the request shall immediately be mailed by the department to the sheriff or chief of police within whose jurisdiction the premises are situated and no duplicate license shall be issued by the department until at least 30 days after such mailing. Upon receipt by the department within 30 days of a protest by the sheriff or chief of police within whose jurisdiction the premises are situated, the department shall not issue the duplicate license until after a hearing is held by the department within the county or city affected and said hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code and the department shall have all the powers granted therein. (c) A licensee under an on-sale general license, or an on-sale general license for seasonal business, issued for a bona fide public eating place may obtain a duplicate license or licenses under this section for rooms which constitute public premises, as defined in Section 23039, and a licensee under the license issued for public premises may obtain a duplicate license or licenses under this section for rooms which constitute bona fide public eating places, except that a duplicate license or licenses for rooms which constitute bona fide public eating places shall only be issued after the department has made the investigation and determination required by Section 23787. Rooms which constitute bona fide public eating places shall not be considered public premises, as defined in Section 23039, and the provisions of this division applicable solely to these public premises shall not be applicable to these rooms. (Amended by Stats. 2019, Ch. 29, Sec. 49. (SB 82) Effective June 27, 2019.)
  174. 24042.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    A qualifying seasonal on-sale licensee may ask the department to license a portable bar counter instead of additional rooms, but must pay the required fee at application and can face penalties for failing to obtain the license or pay the fees.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24042.5. Notwithstanding any other provision of this division, any licensee under an on-sale general or on-sale general license for seasonal business who has a premises with a fixed counter or service bar in one room of the premises for the service of distilled spirits to members of the public for consumption on the premises and who has other rooms on the premises which can be utilized for the same purposes by means of a portable bar counter may elect to request the department to license the portable bar counter itself rather than the additional rooms as provided in Section 24042. However, if two or more portable bar counters are utilized at the same time, in the same room, only one portable bar shall be required to be licensed. The licensee shall pay to the department at the time of the application for each portable bar counter an amount equal to the license fee payable for a like period for the distilled spirits privileges of the original on-sale general license or on-sale general license for seasonal business. Failure to obtain the portable bar counter license and to pay the fees, as specified in Section 23320, shall subject the licensee to the penalties imposed by this division for failure to obtain an original license or pay the annual fees therefor. (Amended by Stats. 2019, Ch. 29, Sec. 50. (SB 82) Effective June 27, 2019.)
  175. 24043.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    License amounts for trains and boats are based on the average number actually operating during the license year, as determined by the department.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24043. Licenses for trains and boats shall be based on the average number in actual operation during the license year of each class of operating units, namely, trains and boats upon which the license privileges are exercised. The average number in actual operation shall be determined as the department may prescribe. (Amended by Stats. 1955, Ch. 447.)
  176. 24044.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    Retail licenses may be issued or transferred to premises under construction, but alcohol cannot be sold under the license until the premises are completed.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24044. (a) Licenses for the retail sale of alcoholic beverages may be issued for or transferred to premises that are to be constructed or that are in the process of construction. Alcoholic beverages shall not be sold pursuant to the license until the premises have been completed. (b) A licensee transferring a license to a premises pursuant to this section shall follow the notification requirements prescribed in Section 23985. Nothing in this section shall require an existing licensee to comply with the notification requirements if the construction is taking place on the existing premises of the existing license. (Amended by Stats. 2023, Ch. 295, Sec. 2. (SB 844) Effective September 30, 2023.)
  177. 24044.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue an interim operating permit for a pending license application if specified conditions are met, and the permit holder must follow payment and filing rules.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24044.5. (a) The department, in its discretion, may issue an interim operating permit to an applicant for any license to operate the premises during the period an application for a license at the premises is pending and when all of the following conditions exist: (1) The application has been protested pursuant to Article 3 (commencing with Section 24011). (2) The department has made a determination based upon its investigation that the license should be issued. (3) The applicant for the interim operating permit has filed with the department an application for issuance of a license at the premises to themselves. (4) The application for the interim operating permit is accompanied by a nonrefundable fee of one hundred forty-five dollars ($145). This fee may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320. (b) An interim operating permit issued by the department pursuant to this section shall be for a period not to exceed 120 days. An interim operating permit may be extended at the discretion of the department for additional 120-day periods as necessary upon payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required by this section. Any interim operating permit issued by the department shall be automatically canceled when a final determination made by the department regarding the protests becomes effective or when the application for the license is withdrawn, whichever occurs first. An interim operating permit is a conditional permit and authorizes the holder to whom issued to exercise the rights and privileges of the license for which the application has been filed with the department. Any conditions for which the applicant has petitioned pursuant to Article 1.5 (commencing with Section 23800) of Chapter 5 shall apply to any interim operating permit issued by the department. (c) Purchase of beer and wine by the holder of an interim operating permit issued to an applicant for a retail license shall be made only upon payment before or at the time of delivery in currency or by check. Purchase of distilled spirits by the holder of an interim operating permit issued to an applicant for a retail license shall be made only upon payment before or at the time of delivery in currency or by certified check. However, the holder of an interim operating permit issued to an applicant for a retail license, who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the interim operating permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which they operate, may purchase alcoholic beverages on credit under the interim operating permit. (d) All checks received by a seller for beer or wine purchased by the holder of an interim operating permit issued to an applicant for a retail license shall be deposited not later than the second business day following the date the beer or wine is delivered. A check dishonored on presentation shall not be deemed payment. The receipt by the seller or their agent in good faith from a holder of an interim operating permit of a check dishonored on presentation shall not be cause for disciplinary action against the seller. (e) Issuance of the license for which the holder of an interim operating permit issued to an applicant for a retail license has filed an application shall not be approved by the department until the holder of the interim operating permit has filed with the department a statement executed under penalty of perjury that all current obligations have been discharged, and that all outstanding checks issued by them in payment for alcoholic beverages will be honored on presentation. (f) It shall not be a violation of this section or grounds for disciplinary action for any licensee to extend credit to the holder of an interim operating permit issued to an applicant for a retail license or to receive payment from the holder of an interim operating permit in a manner other than authorized herein unless the seller has knowledge of the fact that the purchaser was operating under an interim operating permit. Knowledge of the fact may be established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of credit, the premises operated under an interim operating permit were posted with the notice required by Section 23985, or the holder of the interim operating permit has recorded notice as required by Section 24073, or the holder of the interim operating permit has published notice as required by Section 23986, or the holder of the interim operating permit has recorded and published notice pursuant to Division 6 (commencing with Section 6101) of the Commercial Code. (g) Refusal by the department to issue or extend an interim operating permit shall not entitle the applicant to petition for the permit pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3 (commencing with Section 24011) shall not apply to interim operating permits. (h) Notwithstanding any other provision of law, the department may, in its discretion, cancel or suspend summarily at any time an interim operating permit if the department determines that good cause for the cancellation or suspension exists. Chapter 8 (commencing with Section 24300) shall not apply to interim operating permits. (i) Application for an interim operating permit shall be on any form the department shall prescribe. Fees received by the department for issuance of interim operating permits shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. (Amended by Stats. 2019, Ch. 29, Sec. 51. (SB 82) Effective June 27, 2019.)
  178. 24045.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    Most licenses must be issued annually, but the department may issue temporary special beer-and-wine licenses for certain short-term events, and the director may set license expiration dates and registration-year lengths.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045. (a) All licenses, except on-sale general licenses for seasonal businesses and daily on-sale general licenses issued pursuant to Section 24045.1, shall be issued on an annual basis. However, the department may issue special licenses for the sale of beer and wine on a temporary basis for premises temporarily occupied by the licensee for a picnic, social gathering, or similar occasion at a fee equal to the actual cost of issuing the license, but not to exceed fifty dollars ($50) per day. (b) Notwithstanding subdivision (a), a license transferred pursuant to Section 24071 or 24071.1 shall be issued for the unexpired term remaining on the license of the transferor. (c) The director may assign or reassign dates for the expiration of licenses issued pursuant to this section. The director may establish a registration year for any license issued pursuant to subdivision (a) consisting of any period from six months to 18 months, inclusive, and shall prorate related annual fees to the extent the registration year is greater or less than 12 months, with subsequent renewals being required at yearly intervals. (Amended by Stats. 2019, Ch. 29, Sec. 52. (SB 82) Effective June 27, 2019.)
  179. 24045.1.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a temporary daily on-sale general license for $75 per day, with no off-sale privileges.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.1. (a) The department, in its discretion, may issue on a temporary basis a daily on-sale general license and the fee for such license shall be seventy-five dollars ($75) per day. The license authorizes the sale of distilled spirits, wine, and beer for consumption on the premises where sold, and no off-sale privileges shall be exercised under the license. A daily on-sale general license may only be issued to a political party or affiliate supporting a candidate for public office or a ballot measure, an organization formed for a specific charitable or civic purpose, a fraternal organization in existence for over five years with a regular membership, or a religious organization. Distilled spirits sold under a daily on-sale general license shall have been purchased at retail from the holder of an off-sale general license. (b) The department may adopt such rules as it determines to be necessary to implement and administer the provisions of this section, including, but not limited to, limitations on the number of times during any calendar year a qualified organization may be issued a license provided for by this section. (c) The provisions of Article 2 (commencing with Section 23815) of Chapter 5 and Article 2 (commencing with Section 23985) of Chapter 6 of this division shall not be applicable to the licenses provided for by this section. (Amended by Stats. 2019, Ch. 29, Sec. 53. (SB 82) Effective June 27, 2019.)
  180. 24045.10.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a temporary daily on-sale general license for certain large vessels, and the license limits who may be served, where sales may occur, how long the license lasts, how often it may be used, the fee, and where the alcohol must be purchased.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.10. (a) The department in its discretion may issue, on a temporary basis, a daily on-sale general license for a vessel of 7,000 tons or more displacement engaged in interstate or foreign commerce, which is located in a county of the third class. (b) The license shall be issued to the operator of the vessel and shall entitle the licensee to sell only alcoholic beverages on which all applicable excise taxes have been paid only to passengers, bona fide guests of passengers, bona fide guests of the vessel operator, and employees not on duty and only while the vessel is berthed at a dock in port in this state which is on the vessel’s regularly scheduled interstate or international cruise itinerary. (c) The license shall be issued for a period not to exceed two consecutive days. No license shall be issued for use on the same vessel more than 24 times per calendar year. (d) For the purpose of this section, a “bona fide guest of a passenger” or a “bona fide guest of the operator” means an individual whose presence as a guest on the vessel is in response to a specific invitation by a passenger or the operator. (e) The fee for the license shall be fifty dollars ($50) per day. (f) Application for the license may be made by the vessel’s agent on behalf of the vessel’s operator upon written authorization by the vessel’s operator. (g) All alcoholic beverages dispensed under authority of the license shall have been purchased from a licensed wholesaler or winegrower in this state. (Added by Stats. 1986, Ch. 723, Sec. 1.)
  181. 24045.11.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a special on-sale wine license to a bed and breakfast inn, and licensed establishments may serve wine only to registered guests under stated limits.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.11. (a) The department may issue a special on-sale wine license to an establishment licensed to do business as a bed and breakfast inn. (b) For purposes of this section, “bed and breakfast inn” means an establishment of 20 guestrooms or less, which provides overnight transient occupancy accommodations, which serves food only to its registered guests, which serves only a breakfast or similar early morning meal, and with respect to which the price of the food is included in the price of the overnight transient occupancy accommodation. “Bed and breakfast inn” refers to an establishment as to which the predominant relationship between the occupants thereof and the owner or operator of the establishment is that of innkeeper and guest, and the existence of some other legal relationships as between some occupants and the owner or operator is immaterial. (c) An establishment holding a license under this section is authorized to serve wine purchased from a licensed winegrower or wine wholesaler only to registered guests of the establishment. Wine shall not be given away to guests but the price of the wine shall be included in the price of the overnight transient occupancy accommodation. Guests shall not be permitted to remove wine served in the establishment from the grounds. (Amended by Stats. 2019, Ch. 29, Sec. 57. (SB 82) Effective June 27, 2019.)
  182. 24045.12.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a special on-sale general license to a qualifying bed and breakfast inn. If licensed, the establishment may serve alcoholic beverages only to registered guests, must buy alcohol from licensed wholesalers or winegrowers, and the license may be transferred only to another person, not another location.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.12. (a) The department may issue a special on-sale general license to an establishment licensed to do business as a bed and breakfast inn. (b) For purposes of this section, “bed and breakfast inn” means an establishment of 20 guestrooms or fewer, that provides overnight transient occupancy accommodations, that serves food only to its registered guests, that serves only a breakfast or similar early morning meal, and with respect to which the price of the food is included in the price of the overnight transient occupancy accommodation. “Bed and breakfast inn” refers to an establishment as to which the predominant relationship between the occupants thereof and the owner or operator of the establishment is that of innkeeper and guest, and the existence of some other legal relationship as between some occupants and the owner or operator is immaterial. (c) An establishment holding a license under this section is authorized to serve any alcoholic beverage, as defined in Section 23004, only to registered guests of the establishment. The alcoholic beverage may not be given away to guests, but the price of the beverage shall be included in the price of the overnight transient occupancy accommodation. Guests may not be permitted to remove any alcoholic beverage served in the establishment from the grounds. (d) An establishment holding a license under this section shall purchase all beer, wine, or distilled spirits for sale on the licensed premises from a licensed wholesaler or winegrower. (e) A special on-sale general bed and breakfast inn license may be transferred to another person but not to another location. (Amended by Stats. 2019, Ch. 29, Sec. 58. (SB 82) Effective June 27, 2019.)
  183. 24045.13.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a special temporary off-sale license to a former licensee, with a $100 fee, for selling collectible beer, wine, or distilled spirits decanters previously acquired under the former license.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.13. (a) The department may issue a special temporary off-sale license to a former licensee for the limited purpose of selling any stock of collectible beer, wine, or distilled spirits decanters acquired when previously licensed. (b) The fee for this license shall be one hundred dollars ($100). (c) The license shall be issued for a period not to exceed 120 days. The license may be renewed for up to two additional 120-day periods upon payment of an additional one hundred dollar ($100) fee for each additional period. (d) All money collected as fees pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. (e) The department may adopt rules as it determines necessary to implement and administer this section. (Added by Stats. 1995, Ch. 139, Sec. 2. Effective January 1, 1996.)
  184. 24045.14.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue an on-sale general license to qualifying maritime museum associations, and licensed associations may sell and serve alcohol only at prearranged events onboard their vessels or at their home port dock.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.14. (a) Notwithstanding any other provision of this division, the department may issue an on-sale general license to any maritime museum association that has been organized as a nonprofit corporation more than 40 years before the date of application, that owns in its museum inventory not less than three vessels, each of which is 100 feet or more in length, and that is exempt from the payment of income taxes under Section 501(c)(3) of the Internal Revenue Code of 1986. (b) A maritime museum association holding a license under this section may sell and serve alcoholic beverages only to persons attending prearranged events held onboard its vessels while those vessels are underway or while moored at their home port dock. (c) A duplicate license shall be required for each vessel in excess of one if alcoholic beverages are sold on the vessel more than 24 times each year. (d) Original licenses may be issued pursuant to this section until January 1, 1998. (Amended by Stats. 2019, Ch. 29, Sec. 59. (SB 82) Effective June 27, 2019.)
  185. 24045.15.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a special temporary wine license to qualifying nonprofit agricultural corporations, but applicants must pay a $100 fee and meet AVA-related membership and advertising conditions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.15. (a) Notwithstanding any other provision of this division, the department may issue a special temporary on-sale or off-sale wine license to any nonprofit corporation having an agricultural purpose that is exempt from the payment of income taxes under Section 501(c)(5) of the Internal Revenue Code of 1986. If the nonprofit corporation’s name, or any name under which the nonprofit corporation does business, includes the designation of an American Viticultural Area (AVA) recognized by the United States Bureau of Alcohol, Tobacco and Firearms (BATF), as set forth in Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations (27 C.F.R. 9.1 et seq.), the membership of the nonprofit corporation shall include a majority of the winegrowers located in the named AVA in order to obtain a license under this section. No more than one nonprofit corporation located in an AVA is entitled to obtain a license under this section. The applicant shall accompany the application with a fee of one hundred dollars ($100). (b) This special license shall only entitle the licensee to sell wine donated or sold to the nonprofit corporation by the member winegrowers to consumers for the purpose of fundraising. The wine shall bear the brand name of the producing winery. Off-sale privileges shall be limited to direct mail, telephone, and online computer services. No member winegrower shall donate or sell more than 75 cases of wine per year to the nonprofit corporation and the nonprofit corporation shall sell no more than 1,000 cases of wine per year under the license. If the nonprofit corporation’s name or any name under which the nonprofit corporation does business includes the designation of an American Viticultural Area (AVA) recognized by the United States Bureau of Alcohol, Tobacco and Firearms (BATF), as set forth in Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations (27 C.F.R. 9.1 et seq.), the wines sold by the nonprofit corporation must be entitled to use the named AVA as the appellation of origin. In order to avoid confusion between the corporation and any winery whose name also includes the designation of the named AVA, any advertising or solicitation for the sale of wine under this license by the corporation shall include a statement disclosing that the corporation is a nonprofit agricultural organization whose members include individual winegrowers or grapegrowers and whose purpose is to promote its agricultural region and improve its grapes and wines. This advertising or solicitation shall also include a complete roster of the corporation’s members and a list of the brand names, varieties, and vintages of the wines offered for sale. The wine shall not be sold at less than its minimum retail price. (c) This special license shall be for a period not exceeding 60 days. Only one special license authorized by this section shall be issued to any nonprofit corporation in a calendar year. (Amended by Stats. 2005, Ch. 22, Sec. 9. Effective January 1, 2006.)
  186. 24045.16.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a specified on-sale license to qualifying nonprofit charitable arts trusts, and licensees under this section may sell or furnish alcoholic beverages subject to Section 25631.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.16. Notwithstanding any other provision of this division, the department may issue an on-sale general bona fide public eating place license as defined by Section 23038 to any nonprofit charitable arts trust that is exempt from the payment of income taxes under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. For the purposes of this section, “arts trust” means an entity devoted to the arts and humanities which operates two or more museums, one of which is located on a site of at least 100 acres, and is within a facility of not less than 450,000 square feet in the County of Los Angeles. An arts trust holding a license under this section may, subject to Section 25631, sell and serve alcoholic beverages to the public. In addition, a licensee under this section may, subject to Section 25631, directly or indirectly, give or furnish alcoholic beverages to persons at events for consumption on the premises. A premises licensed pursuant to this section shall not be entitled to a caterer’s permit pursuant to Section 23399, and shall not be entitled to exercise any off-sale privileges pursuant to Section 23401. (Added by Stats. 1997, Ch. 20, Sec. 1. Effective June 6, 1997.)
  187. 24045.17.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a general on-sale license to certain non-premises catering businesses that meet specified operating and revenue conditions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.17. Notwithstanding any other provision of law, the department may issue a general on-sale license to a person who does not operate a bona fide eating place or other public premises who meets all of the following: (a) Has operated a catering business for not less than five years. (b) Has operated or owned for not less than one year a bona fide eating place that had a general on-sale license. (c) Caters over 500 events annually. (d) Serves alcoholic beverages at no more than 25 percent of the events catered annually and has revenues from the sale of alcoholic beverages which do not constitute more than 25 percent of his or her total annual revenues. (e) Obtains an annual permit to serve alcoholic beverages at events and obtains an authorization for each event, as specified in Section 23399. (Added by renumbering Section 24045.12 (as amended by Stats. 1998, Ch. 639) by Stats. 2007, Ch. 349, Sec. 2. Effective January 1, 2008.)
  188. 24045.18.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    Certain wine wholesalers or limited off-sale retail wine license holders may help a nonprofit with a temporary wine license conduct a winetasting, but only within the stated wine and donation limits.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.18. Notwithstanding any other provision of this division, a beer and wine wholesaler that also holds an off-sale beer and wine retail license and only sells wine or the holder of a limited off-sale retail wine license may assist a nonprofit organization holding a temporary wine license in conducting a winetasting. The privilege granted under this section for a beer and wine wholesaler that also holds an off-sale beer and wine retail license and only sells wine or the holder of a limited off-sale retail wine license shall apply only to wine produced for the donating licensee that is labeled with a brand owned exclusively by the donating licensee and shall include in the tasting only wine donated by the licensee to the event. (Amended by Stats. 2011, Ch. 292, Sec. 3. (AB 623) Effective January 1, 2012.)
  189. 24045.19.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a special temporary on-sale wine license to qualifying nonprofit corporations, and the license allows limited on-premises wine sales under specific event-based conditions.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.19. (a) The department may issue a special temporary on-sale wine license to a nonprofit corporation, exempt from payment of income taxes under Section 23701a or 23701e of the Revenue and Taxation Code and Section 501(c)(5) or 501(c)(6) of the Internal Revenue Code, if a majority of whose members are either licensed winegrowers, winegrape growers, or professionals in the fields of enology or viticulture. The license shall authorize the sale of wine for consumption on the premises where sold, and no off-sale privileges shall be exercised under this license. An applicant for this license shall accompany the application with a fee equal to the actual cost of issuing the license, but not to exceed seventy-five dollars ($75) per day. (b) This special license shall only entitle the licensee to sell to the general public wine bought by, or donated to, the licensee under either of the following conditions: (1) The wine is sold as part of a class, seminar, or other instructional event organized by the licensee to educate the general public on topics related to enology or viticulture. The instruction may include, without limitation, the history, nature, values, and characteristics of the wines and grapes that were used to make the wines. A single tasting of wine shall not exceed one ounce. The licensee shall remove any wine not consumed during the instruction that the licensee provided following the instruction. (2) The wine is sold at a winetasting event organized by the licensee to educate and instruct the general public with respect to the uses and value of winegrapes from a particular agricultural region that is related to the licensee’s exempt purpose. A single tasting of wine shall not exceed one ounce. If the licensee’s name, or any name under which the licensee does business, includes the designation of an American appellation of origin, as defined in Section 4.25 of Title 27 of the Code of Federal Regulations, the wines sold by the licensee pursuant to this license shall be labeled with the named appellation of origin, or an appellation of origin located entirely within the named appellation of origin. The licensee shall remove any wine not consumed during the winetasting event that the licensee provided following the winetasting event. (c) A class, seminar, instructional event, or winetasting event organized pursuant to this section shall not be directed toward a specific private brand or trade name, although private brands and trade names may be used at the events. (d) Only six special licenses authorized by this section shall be issued to any single nonprofit corporation in any one calendar year. The special license shall be for a period not to exceed two consecutive days. (e) Notwithstanding any other provision of this division, licensees may donate wine or sell wine to a nonprofit corporation that obtains a special temporary on-sale license under this section, provided the donation is not made in connection with a sale of an alcoholic beverage. (Added by Stats. 2008, Ch. 441, Sec. 1. Effective January 1, 2009.)
  190. 24045.2.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a special temporary retail package off-sale beer and wine license to certain nonprofit television-related entities. Applicants must include a $100 fee. The license is limited to auction sales of donated beer and wine, allows donations to a licensed corporation only if not tied to an alcohol sale, lasts no more than 30 days, and only one license may be issued per corporation per calendar year.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.2. (a) The department may issue a special temporary retail package off-sale beer and wine license to: (1) a television station, supported wholly or in part by public membership subscription, which is a nonprofit, charitable corporation exempt from payment of income taxes under the provisions of the Internal Revenue Code of 1954 of the United States, or (2) a nonprofit, charitable corporation exempt from payment of income taxes under the provisions of the Internal Revenue Code of 1954 of the United States that receives and administers donations for a noncommercial, educational television station or public broadcasting station supported wholly or in part by public membership subscription. An applicant for this license shall accompany the application with a fee of one hundred dollars ($100). (b) This license shall only entitle the licensee to sell at auction beer and wine donated to it. Notwithstanding any other provision of this division, a licensee may donate beer, wine, or both beer and wine, to a corporation licensed under this section, provided donations are not made in connection with a sale of an alcoholic beverage. (c) This license shall be for a period not exceeding 30 days. Only one license shall be issued to any corporation in a calendar year. (Amended by Stats. 2004, Ch. 523, Sec. 1. Effective September 14, 2004.)
  191. 24045.3.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a special temporary retail package off-sale beer and wine license to qualifying women’s educational and charitable organizations, and applicants must pay a $100 fee.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.3. (a) The department may issue a special temporary retail package off-sale beer and wine license to a women’s educational and charitable organization that is a part of a national organization having at least 10 chapters in California at least one of which has been incorporated since 1928, whose purpose is to foster interest among its members in the social, economic, and civic conditions of their community and to give effective volunteer service. An applicant for this license shall accompany the application with a fee of one hundred dollars ($100). (b) This license shall only entitle the licensee to sell at auction for charitable purposes beer and wine donated to it. None of the funds realized from this auction shall be used for the administrative expenses of the auction and all funds shall be placed in trust for a charitable purpose. Notwithstanding any other provision of this division, a licensee may donate beer and wine to an organization licensed under this section, provided that donations are not made in connection with a sale of an alcoholic beverage. (c) This license shall be for a period not exceeding one day. Only one license shall be issued to any organization in a calendar year. (Amended by Stats. 2005, Ch. 22, Sec. 6. Effective January 1, 2006.)
  192. 24045.4.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a special temporary off-sale general license to qualifying nonprofit corporations, the applicant must pay a $100 fee, the license is limited to auction sales of donated alcoholic beverages, and the license period cannot exceed 30 days.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.4. (a) The department may issue a special temporary off-sale general license to any nonprofit corporation which is exempt from payment of income taxes under the provisions of Section 23701d of the Revenue and Taxation Code and Section 501(c)(3) of the Internal Revenue Code of the United States. An applicant for this license shall accompany the application with a fee of one hundred dollars ($100). (b) This license shall only entitle the licensee to sell at auction alcoholic beverages donated to it. Notwithstanding any other provision of this division, a licensee may donate alcoholic beverages to a corporation licensed under this section, provided that donations are not made in connection with a sale of an alcoholic beverage. (c) This license shall be for a period not exceeding 30 days. Only three licenses authorized by this section shall be issued to any corporation in a calendar year. (Amended by Stats. 2009, Ch. 140, Sec. 23. (AB 1164) Effective January 1, 2010.)
  193. 24045.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a temporary permit to a license transferee, and the permit is subject to fees, filing requirements, payment rules, and possible cancellation or suspension for good cause.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.5. The department in its discretion may issue a temporary permit to the transferee of any license to continue the operation of the premises during the period a transfer application for the license from person to person at the same premises is pending and when all the following conditions exist: (a) The premises shall have been operated under a license within 30 days of the date of filing the application for a temporary permit. (b) The license for the premises shall have been surrendered pursuant to rules of the department. (c) The applicant for the temporary permit shall have filed with the department an application for transfer of the license at the premises to himself or herself. (d) The application for the temporary permit shall be accompanied by a temporary permit fee of one hundred dollars ($100). A temporary permit issued by the department pursuant to this section shall be for a period not to exceed four calendar months. A temporary permit may be extended at the discretion of the department for an additional four calendar months upon payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required herein. A temporary permit is a conditional permit and authorizes the holder thereof to sell the alcoholic beverages as would be permitted to be sold under the privileges of the license for which the transfer application has been filed with the department. Purchase of beer, wine, and distilled spirits by the holder of a temporary permit shall be made only upon payment before or at the time of delivery in currency or by check. However, the holder of a temporary retail permit who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the temporary permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which he or she operates, may purchase alcoholic beverages on credit under the temporary permit. All checks received by a seller for alcoholic beverages purchased by the holder of a temporary retail permit shall be deposited not later than the second business day following the date the alcoholic beverages are delivered. A check dishonored on presentation shall not be deemed payment. The receipt by the seller or his or her agent in good faith from a holder of a temporary permit of a check dishonored on presentation shall not be cause for disciplinary action against the seller. Transfer of the license for which the holder of a temporary permit has filed an application shall not be approved by the department until the holder of the temporary permit has filed with the department a statement executed under penalty of perjury that all current obligations have been discharged, and that all outstanding checks issued by him or her in payment for alcoholic beverages will be honored on presentation. It shall not be a violation of this section or otherwise grounds for disciplinary action for any licensee to extend credit to the holder of a temporary permit or to receive payment from the permittee in a manner other than authorized herein unless the seller had knowledge of the fact that the purchaser was operating under a temporary permit. Knowledge of the fact may be established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of credit, the premises operated under a temporary permit were posted with the notice required by Section 23985, or the holder of the temporary permit had recorded notice as required by Section 24073, or the holder of the temporary permit had published notice as required by Section 23986, or the holder of the temporary permit had recorded and published notice pursuant to Division 6 (commencing with Section 6101) of the Commercial Code. Refusal by the department to issue or extend a temporary permit shall not entitle the applicant to petition for the permit pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3 (commencing with Section 24011) shall not apply to temporary permits. Notwithstanding any other provision of law, a temporary permit may be canceled or suspended summarily at anytime if the department determines that good cause for the cancellation or suspension exists. Chapter 8 (commencing with Section 24300) shall not apply to temporary permits. Application for a temporary permit shall be on any form the department shall prescribe. If an application for a temporary permit is withdrawn before issuance or is refused by the department, the fee which accompanied the application shall be refunded in full, and Section 23959 shall not apply. Fees received by the department for issuance of temporary permits shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. (Amended by Stats. 2005, Ch. 22, Sec. 7. Effective January 1, 2006.)
  194. 24045.6.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a special temporary beer or wine license to qualifying nonprofit corporations, but applicants must pay a $100 fee and the license has limits on duration and use.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.6. (a) The department may issue a special temporary on-sale or off-sale beer or wine license to any nonprofit corporation that is exempt from payment of income taxes under Section 23701d or 23701e of the Revenue and Taxation Code and Section 501(c)(3) or 501(c)(6) of the Internal Revenue Code. An applicant for this license shall accompany the application with a fee of one hundred dollars ($100). (b) This special license shall only entitle the licensee to sell beer or wine bought by, or donated to, the licensee to a consumer and to any person holding a license authorizing the sale of beer or wine. Notwithstanding any other provision of this division, a licensee may donate or sell beer or wine to a nonprofit corporation that obtains a special temporary on-sale or off-sale license under this section, provided that the donation is not made in connection with a sale of an alcoholic beverage. (c) This special license shall be for a period not exceeding 15 days. In the event the license under this section is issued for a period exceeding two days, it shall be used solely in conjunction with an identifiable fundraising event sponsored or conducted by the licensee and all bottles of beer or wine sold under this license shall bear a label prominently identifying the event. A nonprofit corporation may be issued no more than four special licenses authorized by this section per calendar year. (d) (1) Notwithstanding Section 25600 or any rule of the department, a nonprofit corporation issued a special temporary on-sale or off-sale beer or wine license pursuant to this section that also obtains a raffle registration from the Department of Justice pursuant to Section 320.5 of the Penal Code may offer, provide, or award alcoholic beverages as a prize in a raffle. (2) This subdivision does not authorize the awarding of alcoholic beverages as a raffle prize, or the sale or consumption of any alcoholic beverages, that are not otherwise authorized to be sold pursuant to the special temporary on-sale or off-sale beer or wine license obtained by the nonprofit corporation. (Amended by Stats. 2022, Ch. 136, Sec. 2. (SB 1011) Effective January 1, 2023.)
  195. 24045.7.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue certain special alcohol licenses to qualifying nonprofit theater, radio, and cultural film exhibition companies, with limits on where and when alcohol may be sold or served.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.7. (a) (1) The department may issue a special on-sale general license to any nonprofit theater company, nonprofit radio broadcasting company, or nonprofit cultural film exhibition company that is exempt from the payment of income taxes under Section 23701d of the Revenue and Taxation Code and Section 501(c)(3) of the Internal Revenue Code of the United States. Any special on-sale general license issued to a nonprofit theater company, nonprofit radio broadcasting company, or nonprofit cultural film exhibition company pursuant to this subdivision shall be for a single specified premises only. (2) Theater companies or nonprofit radio broadcasting companies holding a license under this subdivision may, subject to Section 25631, sell and serve alcoholic beverages to ticketholders only during, and two hours before and one hour after, a bona fide performance. (3) (A) Nonprofit cultural film exhibition companies holding a license under this subdivision may, subject to Section 25631, sell and serve alcoholic beverages to ticketholders only during, and two hours before and one hour after, a bona fide film exhibition of the company. (B) For purposes of this subdivision, “nonprofit cultural film exhibition company” means a company that predominantly exhibits classic, foreign, independent, or rare movies by means of digital or film projection equipment for its members or the general public, or both, in a theater with a seating capacity of at least 100 seats, at least three days per week. (4) Notwithstanding any other provision in this division, a licensed manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, or wholesaler, or any officer, director, employee, or agent of that person, may serve on the board of trustees or as an officer, director, or employee of a nonprofit theater company or nonprofit radio broadcasting company operating a venue in the County of Napa, the City of Livermore, the City of Modesto, or the City of Sacramento, licensed pursuant to this subdivision. (5) A nonprofit radio broadcasting company and a nonprofit cultural film exhibition company shall be subject to the same application fee for a new permanent license and applicable annual fee as a nonprofit theater company, as provided in Section 23320, which may be adjusted pursuant to subdivisions (d) and (e) of Section 23320. (6) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this subdivision to the general prohibition against tied interests must be limited to their express terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (b) (1) The department may issue a special on-sale beer and wine license to any nonprofit theater company that has been in existence for at least eight years, that for at least six years has performed in facilities leased or rented from a local county fair association, and that is exempt from the payment of income taxes under Section 23701d of the Revenue and Taxation Code and Section 501(c)(3) of the Internal Revenue Code of the United States. (2) Theater companies holding a license under this subdivision may, subject to Section 25631, sell and serve beer and wine to ticketholders only during, and two hours before, a bona fide theater performance of the company. Beer and wine may be sold from an open-air concession stand that is not attached to the theater building itself, if the concession stand is located on fair association property within 30 feet of the theater building and the alcoholic beverages sold are consumed only in the theater building itself, or within a designated outdoor area in front of and between the concession stand and the main public entrance to the theater building. This section does not authorize a theater company to sell beer or wine during the run of a county fair. (Amended by Stats. 2022, Ch. 732, Sec. 2.5. (SB 1370) Effective January 1, 2023.)
  196. 24045.75.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a special on-sale general license to certain San Francisco for-profit theaters, and that license allows alcoholic beverage sales, service, and consumption in specified theater areas during a limited time window around live performances.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.75. (a) The department may issue a special on-sale general license to the operator of any for-profit theater located within the City and County of San Francisco, configured with theatrical seating of at least 1,000 seats and primarily devoted to live theatrical performances. (b) The special on-sale general license shall permit sales, service, and consumption of alcoholic beverages in the lobbies and seating areas of the theater for the period beginning two consecutive hours prior to a live theatrical performance and ending one hour after the live theatrical performance is completed, subject to Section 25631. Any special on-sale general license issued pursuant to this section shall be subject to the limitations provided by Section 23816, but shall not be required to be operated as a bona fide public eating place. The theater further shall not be subject to the provisions of Section 23793. (c) For purposes of this section, “for-profit theater” shall not include an adult or sexually oriented business, as defined in Section 318.5 of the Penal Code. (Amended by Stats. 2016, Ch. 187, Sec. 1. (AB 2739) Effective August 25, 2016.)
  197. 24045.76.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a special on-sale general license to certain qualifying for-profit cemeteries, and that license allows sales, service, and consumption of beer, wine, and distilled spirits on the premises.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.76. (a) The department may issue a special on-sale general license to the operator of any for-profit cemetery that is more than 100 years old, on the National Register of Historic Places, is located in, and designated an Historic-Cultural Monument by, the City of Los Angeles, and holds both an endowment care fund and a memorial care fund that are exempt from the payment of income taxes under Section 501(c)(13) of the Internal Revenue Code. (b) The special on-sale general license shall permit sales, service, and consumption of beer, wine, and distilled spirits on the licensed premises. Any special on-sale general license issued pursuant to this section shall not be subject to the limitations provided by Section 23816 and shall not be required to be operated as a bona fide public eating place. (c) A special on-sale general license described by this section shall not be issued until any existing licenses issued by the department to the operator for the premises of the for-profit cemetery are canceled. (Amended by Stats. 2019, Ch. 29, Sec. 55. (SB 82) Effective June 27, 2019.)
  198. 24045.77.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a special on-sale general license for a qualifying for-profit theater in Napa County, and that license allows alcohol sales and consumption in the theater during the specified performance window.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.77. (a) (1) The department may issue a special on-sale general license to the operator of any for-profit theater located within the County of Napa, configured with theatrical seating of at least 800 seats and primarily devoted to live theatrical performances. (2) A special on-sale general license described by this section shall not be issued until any existing licenses issued by the department to the operator for the premises of the for-profit theater are canceled. (b) The special on-sale general license shall permit sales, service, and consumption of alcoholic beverages in the lobbies and seating areas of the for-profit theater for the period beginning two consecutive hours prior to a live theatrical performance and ending three hours after the live theatrical performance is completed, subject to Section 25631. Any special on-sale general license issued pursuant to this section shall not be subject to the limitations provided by Section 23816 and shall not be required to be operated as a bona fide public eating place. The for-profit theater further shall not be subject to the provisions of Section 23793. (c) For the purposes of this section, “for-profit theater” shall not include an adult or sexually oriented business, as defined in Section 318.5 of the Penal Code. (Added by Stats. 2016, Ch. 347, Sec. 2. (AB 1670) Effective January 1, 2017.)
  199. 24045.78.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a special on-sale general license to a qualifying nonprofit arts foundation, and the license lets the holder sell, serve, and allow consumption of beer, wine, and distilled spirits on the licensed premises.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.78. (a) The department may issue a special on-sale general license to a nonprofit arts foundation operating within a former church that is over 100 years old, on the National Register of Historic Places, and is located in designated Landmark No. 120 by the City and County of San Francisco, and is exempt from the payment of income taxes under Section 23701d of the Revenue and Taxation Code and Section 501(c)(3) of the Internal Revenue Code. (b) The special on-sale general license shall permit sales, service, and consumption of beer, wine, and distilled spirits on the licensed premises. Any special on-sale general license issued pursuant to this section shall not be subject to the limitations provided by Section 23816 and shall not be required to be operated as a bona fide public eating place. (c) (1) The fee for the original special on-sale general license shall be the same as that specified in subparagraph (B) of paragraph (2) of subdivision (a) of Section 23320 for an original on-sale general license. (2) The annual license fee for the special on-sale general license shall be the same as that for an on-sale general license. (Amended by Stats. 2022, Ch. 296, Sec. 3. (AB 2971) Effective January 1, 2023.)
  200. 24045.8.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. )

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    The department may issue a special temporary off-sale wine license in specified estate or court-execution situations, and an applicant must include a $100 fee.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 6. Issuance and Transfer of Licenses [23950 - 24082] ( Chapter 6 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Issuance and Renewal of Licenses [24040 - 24051] ( Article 4 added by Stats. 1953, Ch. 152. ) ## 24045.8. (a) The department may issue a special temporary off-sale wine license (1) to an executor, administrator, guardian or conservator of an estate, or to an auctioneer acting as an agent of any of the foregoing for the purpose of conducting a sale or auction of bottled wine to nonlicensees pursuant to Section 23104.4, or (2) to a sheriff or a person appointed by the court to execute a court order or writ of execution, for the purpose of conducting a sale of bottled wine to nonlicensees pursuant to Section 23104.5. An applicant for such a license shall accompany the application with a fee of one hundred dollars ($100). (b) Such a license shall only entitle the licensee to sell or auction bottled wine included in the inventory of alcoholic beverages. (c) Such a license shall be for the period required to dispose of the bottled wine to be sold or auctioned, or until the closing of the estate or execution of the court order or writ of execution, whichever occurs first. (d) The department shall adopt such rules as it determines to be necessary to implement and administer the provisions of this section. (Added by Stats. 1981, Ch. 212, Sec. 3.)

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