CHAPTER 5. Restrictions on Issuance of Licenses [23770. - 23827.]
Chapter 5 added by Stats. 1953, Ch. 152.
§§ 23770–23827 · 67 sections
ARTICLE 1. In General §§ 23770–23794 · 23 sections
- § 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…
- § 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…
- § 23771.5 Section 23771 does not prevent a licensed craft distiller from holding a distilled spirits license authorizing the importing of distilled spirits, provided,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 23786 (a) The department may issue a special nonprofit sales license to a nonprofit mutual benefit corporation, as described in the Nonprofit Mutual Benefit…
- § 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…
- § 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…
- § 23789 (a) The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail license for premises located…
- § 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…
- § 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…
- § 23791 Nothing in this division interferes with the powers of cities conferred upon them by Sections 65850 to 65861, inclusive, of the Government Code.
- § 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…
- § 23794 A license shall not be issued to any applicant to authorize the manufacture, distribution, or retail sale of powdered alcohol.
ARTICLE 1.5. Conditional Licenses §§ 23800–23805 · 6 sections
- § 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)…
- § 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…
- § 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.
- § 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…
- § 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…
- § 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…
ARTICLE 2. Limitation on Number of Licensed Premises §§ 23815–23827 · 38 sections
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 23825 As used in this article, “onsale general license” includes a special onsale general license; provided, that the limitation prescribed in Section 23816 shall…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…