CHAPTER 6. Issuance and Transfer of Licenses [23950. - 24082.]
Chapter 6 added by Stats. 1953, Ch. 152.
§§ 23950–24082 · 93 sections
ARTICLE 1. Applications for Licenses §§ 23950–23962 · 16 sections
- § 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…
- § 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.…
- § 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…
- § 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…
- § 23954 The application shall be verified under oath and accompanied by the license fee.
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 23958.1 Notwithstanding the provisions of Section 23958, the department is not required to investigate the personal qualifications of a licensed beer and wine…
- § 23958.2 Notwithstanding the provisions of Section 23958, the department is not required to investigate the personal qualifications or premises of a currently licensed…
- § 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…
- § 23959 If an application is denied or withdrawn, the nonrefundable portion of the license application fee shall be deposited in the Alcohol Beverage Control Fund as…
- § 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…
- § 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…
ARTICLE 2. Notices and Protests §§ 23985–23987 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 3. Denial of Licenses §§ 24011–24015 · 8 sections
- § 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…
- § 24012 Upon receipt by the department of a petition for a license in proper form, the petition shall be set for hearing.
- § 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…
- § 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…
- § 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…
- § 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…
- § 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.…
- § 24015 (a) If, after investigation, the department recommends that a license be issued, with or without conditions, notwithstanding that one or more protests have…
ARTICLE 4. Issuance and Renewal of Licenses §§ 24040–24051 · 39 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 24045.85 (a) The department may issue a special on-sale beer, wine, or distilled spirits license to any symphony association organized as a nonprofit corporation more…
- § 24045.9 (a) The department may issue a special temporary on-sale beer and wine license to: (1) a television station, supported wholly or in part by public membership…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 24046 Upon receipt of any license, the licensee shall post it in a conspicuous place upon the licensed premises. Licenses issued for trains, boats or airplanes may,…
- § 24047 Whenever a license certificate is in effect and is lost or destroyed, the department shall issue a duplicate license upon the payment of a fee of twenty-five…
- § 24048 Every license, other than a temporary license or a daily on-sale general license issued pursuant to Section 24045.1, is renewable unless the license has been…
- § 24049 The department may refuse to transfer any license when the applicant is delinquent in the payment of any taxes due under the Alcoholic Beverage Tax Law, the…
- § 24049.5 (a) The State Board of Equalization or the Franchise Tax Board may seize and sell the license of an off-sale or on-sale general licensee that, upon termination…
- § 24051 The department may issue and renew on-sale beer licenses for fishing party boats on payment of the fees without regard to the provisions of Sections 23985,…
ARTICLE 5. Transfer of Licenses §§ 24070–24082 · 26 sections
- § 24070 Each license is separate and distinct and is transferable upon approval by the department from the licensee to another person and from one premises to another…
- § 24070.1 An on-sale license issued for a bona fide public eating place may be transferred from the licensee to another person, as provided in Section 24070, for a bona…
- § 24070.2 Notwithstanding subdivision (a) of Section 24070, any off-sale general license issued prior to April 29, 1992, and located within the boundaries of the United…
- § 24070.5 When a winegrower has failed to carry on business actively, pursuant to a winegrower’s license, for a period of one year, such winegrower’s license, without…
- § 24071 (a) The license of one spouse may be transferred to the other spouse when the application for transfer is made prior to the entry of a final decree of divorce,…
- § 24071.1 (a) (1) When the ownership of 50 percent or more of the shares of stock of a corporation, which is required to report the issuance or transfer of those shares…
- § 24071.2 (a) (1) When the ownership of 50 percent or more of the membership interests in a limited liability company required to report the issuance or transfer of…
- § 24072 (a) Except as provided in Section 24071, the following transfer fees shall be charged by the department: (1) The application fee for a transfer of an on-sale…
- § 24072.1 An on-sale license issued for a bona fide public eating place may be transferred from the premises for which issued to other premises, as provided in Section…
- § 24072.2 Any person who has an on-sale license issued for a bona fide public eating place may exchange their license for a similar license for public premises, as…
- § 24072.3 (a) (1) Any person that has a brewpub-restaurant license may exchange that license for a bona fide public eating place license, as defined in Section 23038.…
- § 24072.5 Any person who has any on-sale general license may exchange his or her license for a special on-sale general license and any person who has a special on-sale…
- § 24073 No retail license limited in numbers, off-sale beer and wine license, on-sale beer and wine license, on-sale beer and wine public premises license, on-sale…
- § 24074 Before the filing of such a transfer application with the department, if the intended transfer of the business or license involves a purchase price or…
- § 24074.1 Any person desiring to act as an escrow holder under Section 24074 shall: 1. Comply with all the applicable provisions of Chapter 1 (commencing with Section…
- § 24074.2 Any person desiring to act as an escrow holder under Section 24074 shall not release any funds in the escrow in exchange for a promissory note or in exchange…
- § 24074.3 (a) Within 30 days after the filing of an application for transfer of a license referred to in Section 24073, the intended transferee shall file with the…
- § 24074.4 (a) Notwithstanding the provisions of Section 24074, no escrow shall be required to be established in connection with the transfer of a business or license if…
- § 24075 The provisions of Sections 24073 and 24074 do not apply to any transfer of a license made by an executor, administrator, guardian, conservator, trustee,…
- § 24076 No licensee shall enter into any agreement wherein he pledges the transfer of his license as security for a loan or as security for the fulfillment of any…
- § 24077 Notwithstanding any other provision of law, no license shall be transferred into any county having a population of 35,000 or less.
- § 24078 A special onsale general license may be transferred from person to person or from premises to premises, as provided in this article, but only for the operation…
- § 24079 (a) An on-sale general license or off-sale general license shall not be transferred for a purchase price or consideration in excess of the original fee paid…
- § 24080 Every application filed by the intended transferee with the department for the transfer of an onsale or offsale general license shall indicate whether the…
- § 24081 (a) Notwithstanding any other provision of law in this division including, but not limited to, requirements relating to the issuance or transfer of a license,…
- § 24082 The license of a licensee whose licensed premises have been destroyed as a result of fire or act of God or have been taken under the power of eminent domain,…