CHAPTER 1.5. Administration [23049. - 23098.]

Chapter 1.5 added by Stats. 1954, 1st Ex. Sess., Ch. 20.

§§ 23049–23098 · 40 sections

1. ARTICLE 1. The Department of Alcoholic Beverage Control §§ 23049–23058 · 12 sections

   • § 23049 It is the intention of the Legislature in enacting this chapter to provide a governmental organization which will ensure a strict, honest, impartial, and…
   • § 23050 (a) There is in the state government, in the Business and Consumer Services Agency, a Department of Alcoholic Beverage Control. The department shall be…
   • § 23051 On and after January 1, 1955, the department shall succeed to all of the powers, duties, purposes, responsibilities, and jurisdiction now conferred on the…
   • § 23052 The provisions of Chapter 2, Part 1, Division 3, Title 2 of the Government Code shall govern and apply to the conduct of the department in every respect the…
   • § 23053 The director shall be the appointing power of all employees within the department, and all heads of divisions, bureaus and other employees in the department…
   • § 23053.1 The director may bring an action to enjoin a violation or the threatened violation of any provision of this division, including, but not limited to,…
   • § 23053.5 The department shall have the function of investigation of violations of Chapters 10, 11 and 15 of this division and rules of the department relating thereto.…
   • § 23054 All persons in the state civil service employed on the operative date hereof in the State Board of Equalization in carrying out functions transferred to the…
   • § 23055 (a) Notwithstanding Section 10231.5 of the Government Code, upon request from the Legislature, the director shall prepare and submit to the Legislature a…
   • § 23056 The department shall send a copy of the information sheet prepared by the Department of the California Highway Patrol pursuant to Section 2426 of the Vehicle…
   • § 23057 The department shall send, with each renewal notice to any on-sale or off-sale licensee, information regarding the use of persons under the age of 21 years by…
   • § 23058 In order to facilitate the board’s administration of the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation…
2. ARTICLE 2. Prohibited Activity § 23060 · 1 section

   • § 23060 Neither the Director of Alcoholic Beverage Control nor any member of the Alcoholic Beverage Control Appeals Board shall have or do any of the following: (a)…
3. ARTICLE 3. The Alcoholic Beverage Control Appeals Board §§ 23075–23077 · 3 sections

   • § 23075 (a) There is in the state government, in the Business and Consumer Services Agency, an Alcoholic Beverage Control Appeals Board the members of which shall be…
   • § 23076 All personnel of the Alcoholic Beverage Control Appeals Board shall be appointed, directed and controlled by the board. The director shall furnish the…
   • § 23077 The Alcoholic Beverage Control Appeals Board shall exercise such powers as are vested in it by Section 22 of Article XX of the Constitution and may adopt such…
4. ARTICLE 4. Appeals From Decisions of the Department §§ 23080–23089 · 12 sections

   • § 23080 As used in this article, “decision” when used in reference to the department means any final determination of the department imposing a penalty assessment or…
   • § 23081 On or before the tenth day after the last day on which reconsideration of a final decision of the department can be ordered, any party aggrieved by a final…
   • § 23081.5 An appeal to the board shall be deemed filed on the date it is received by the board electronically or by mail to the principal office; provided, however, an…
   • § 23082 No decision of the department shall become effective during the period in which an appeal may be filed and the filing of an appeal shall stay the effect of the…
   • § 23083 (a) The board shall determine the appeal upon the record of the department and upon any briefs which may be filed by the parties. If any party to the appeal…
   • § 23083.5 (a) The department shall collect a 3-percent surcharge on the annual fees provided for in Section 23320 on behalf of the appeals board at the same time the…
   • § 23084 The review by the board of a decision of the department shall be limited to the questions: (a) Whether the department has proceeded without, or in excess of,…
   • § 23085 In appeals where the board finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was…
   • § 23086 In all cases, the board shall enter its order within 60 days after the appeal is submitted for decision.
   • § 23087 Whenever any matter is pending before the board or a court of record involving a dispute between the department and a licensee, petitioner or protestant and…
   • § 23088 An order of the board on appeal from a decision of the department shall be in writing and shall be filed by delivering copies to the parties personally or…
   • § 23089 Final orders of the board may be reviewed by the courts specified in Article 5 (commencing with Section 23090) of this chapter within the time and in the…
5. ARTICLE 5. Judicial Review §§ 23090–23090.7 · 8 sections

   • § 23090 Any person affected by a final order of the board, including the department, may, within the time limit specified in this section, apply to the Supreme Court…
   • § 23090.1 The writ of review shall be made returnable at a time and place then or thereafter specified by court order and shall direct the board to certify the whole…
   • § 23090.2 The review by the court shall not extend further than to determine, based on the whole record of the department as certified by the board, whether: (a) The…
   • § 23090.3 The findings and conclusions of the department on questions of fact are conclusive and final and are not subject to review. Such questions of fact shall…
   • § 23090.4 The provisions of the Code of Civil Procedure relating to writs of review shall, insofar as applicable, apply to proceedings in the courts as provided by this…
   • § 23090.5 (a) Except as provided in subdivision (b), a court of this state, except the Supreme Court and the courts of appeal to the extent specified in this article,…
   • § 23090.6 The filing of a petition for, or the pendency of, a writ of review shall not of itself stay or suspend the operation of any order, rule, or decision of the…
   • § 23090.7 No decision of the department which has been appealed to the board and no final order of the board shall become effective during the period in which…
6. ARTICLE 6. Stay of Suspension §§ 23095–23098 · 4 sections

   • § 23095 (a) Whenever a decision of the department suspending a license becomes final, whether by failure of the licensee to appeal the decision or by exhaustion of all…
   • § 23096 The moneys derived from a payment in compromise under Section 23095 shall be paid to the State Treasury for deposit in the Alcohol Beverage Control Fund. Upon…
   • § 23097 In connection with any such petition, the authority of the department is limited to the granting of such stays as are necessary for it to complete its…
   • § 23098 If the department does not make the findings required in Section 23095, and does not order the suspension permanently stayed, the suspension shall go into…