State Codes and Statutes

Statutes > California > Bpc > 23950-23962

BUSINESS AND PROFESSIONS CODE
SECTION 23950-23962



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.



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.




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.




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.



23954.  The application shall be verified under oath and accompanied
by the license fee.



23954.5.  (a) An applicant for an original on-sale general license
shall, at the time of filing the application for the license,
accompany the application with a fee as determined by the department
pursuant to subdivision (b) of this section. At the time of filing an
application for a license, an applicant for an original on-sale
general license for seasonal business shall accompany the application
with a fee as determined by the department pursuant to subdivision
(b) of this section. An applicant for an original on-sale beer and
wine license shall accompany the application with a fee of three
hundred dollars ($300). An applicant for an original on-sale beer
license shall accompany the application with a fee of two hundred
dollars ($200). An applicant for an original off-sale general license
shall, at the time of filing the application for the license,
accompany the application with a fee as determined by the department
pursuant to subdivision (b) of this section. An applicant for an
original off-sale beer and wine license or an original license not
specified in this section, shall accompany the application with a fee
of one hundred dollars ($100).
   "Original on-sale general license," "original on-sale general
license for seasonal business," "original on-sale beer and wine
license," "original on-sale beer license," "original off-sale general
license," and "original off-sale beer and wine license," as used in
this division, do not include a license issued upon renewal or
transfer of a license.
   (b) The fee for an original on-sale general license or an original
off-sale general license shall be thirteen thousand eight hundred
dollars ($13,800). Beginning January 1, 2011, and each January
thereafter, the department may adjust this fee as provided in
subdivisions (c) and (d) of Section 23320.
   (c) All money collected from the fees provided for in this section
shall be in the Alcohol Beverage Control Fund as provided in Section
25761.


23954.6.  As used in Section 23954.5, "original onsale general
license" includes an original special onsale general license;
provided, that the fee prescribed in Section 23954.5 shall not be
required in connection with the exchange of an onsale general license
for a special onsale general license, or for the exchange of a
special onsale general license for an onsale general license.



23954.7.  An applicant for an original on-sale general bona fide
public eating place intermittent dockside license for vessels of more
than 7,000 tons displacement shall, at the time of filing the
application for the license, accompany the application with a fee of
two thousand dollars ($2,000), but such fee shall not be payable upon
the renewal or transfer of such license.



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.



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.


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.



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.




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.


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.




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
Population 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 determined by the most recent yearly retail
license count published by the department in its Procedure Manual.
   (e) The enactment of this section shall not affect any existing
rights of any holder of a retail license issued prior to 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.


23959.  If an application is denied or withdrawn, one-fourth of the
license fee paid, or not more than one hundred dollars ($100), shall
be deposited in the Alcohol Beverage Control Fund as provided in
Section 25761. The balance of this amount 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 shall be returned to
the applicant.



23961.  (a) If, at the conclusion of the period prescribed by the
department for the filing of applications for issuance or transfer of
onsale general licenses or offsale 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 his application but
shall not insure the issuance of a license by the department.
   (b) If a drawing is not conducted as provided in subdivision (a)
of this section, applications for issuance of original onsale general
licenses and offsale general licenses in a county or transfer of
such licenses into such 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.



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.


State Codes and Statutes

Statutes > California > Bpc > 23950-23962

BUSINESS AND PROFESSIONS CODE
SECTION 23950-23962



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.



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.




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.




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.



23954.  The application shall be verified under oath and accompanied
by the license fee.



23954.5.  (a) An applicant for an original on-sale general license
shall, at the time of filing the application for the license,
accompany the application with a fee as determined by the department
pursuant to subdivision (b) of this section. At the time of filing an
application for a license, an applicant for an original on-sale
general license for seasonal business shall accompany the application
with a fee as determined by the department pursuant to subdivision
(b) of this section. An applicant for an original on-sale beer and
wine license shall accompany the application with a fee of three
hundred dollars ($300). An applicant for an original on-sale beer
license shall accompany the application with a fee of two hundred
dollars ($200). An applicant for an original off-sale general license
shall, at the time of filing the application for the license,
accompany the application with a fee as determined by the department
pursuant to subdivision (b) of this section. An applicant for an
original off-sale beer and wine license or an original license not
specified in this section, shall accompany the application with a fee
of one hundred dollars ($100).
   "Original on-sale general license," "original on-sale general
license for seasonal business," "original on-sale beer and wine
license," "original on-sale beer license," "original off-sale general
license," and "original off-sale beer and wine license," as used in
this division, do not include a license issued upon renewal or
transfer of a license.
   (b) The fee for an original on-sale general license or an original
off-sale general license shall be thirteen thousand eight hundred
dollars ($13,800). Beginning January 1, 2011, and each January
thereafter, the department may adjust this fee as provided in
subdivisions (c) and (d) of Section 23320.
   (c) All money collected from the fees provided for in this section
shall be in the Alcohol Beverage Control Fund as provided in Section
25761.


23954.6.  As used in Section 23954.5, "original onsale general
license" includes an original special onsale general license;
provided, that the fee prescribed in Section 23954.5 shall not be
required in connection with the exchange of an onsale general license
for a special onsale general license, or for the exchange of a
special onsale general license for an onsale general license.



23954.7.  An applicant for an original on-sale general bona fide
public eating place intermittent dockside license for vessels of more
than 7,000 tons displacement shall, at the time of filing the
application for the license, accompany the application with a fee of
two thousand dollars ($2,000), but such fee shall not be payable upon
the renewal or transfer of such license.



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.



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.


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.



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.




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.


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.




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
Population 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 determined by the most recent yearly retail
license count published by the department in its Procedure Manual.
   (e) The enactment of this section shall not affect any existing
rights of any holder of a retail license issued prior to 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.


23959.  If an application is denied or withdrawn, one-fourth of the
license fee paid, or not more than one hundred dollars ($100), shall
be deposited in the Alcohol Beverage Control Fund as provided in
Section 25761. The balance of this amount 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 shall be returned to
the applicant.



23961.  (a) If, at the conclusion of the period prescribed by the
department for the filing of applications for issuance or transfer of
onsale general licenses or offsale 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 his application but
shall not insure the issuance of a license by the department.
   (b) If a drawing is not conducted as provided in subdivision (a)
of this section, applications for issuance of original onsale general
licenses and offsale general licenses in a county or transfer of
such licenses into such 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.



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.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 23950-23962

BUSINESS AND PROFESSIONS CODE
SECTION 23950-23962



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.



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.




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.




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.



23954.  The application shall be verified under oath and accompanied
by the license fee.



23954.5.  (a) An applicant for an original on-sale general license
shall, at the time of filing the application for the license,
accompany the application with a fee as determined by the department
pursuant to subdivision (b) of this section. At the time of filing an
application for a license, an applicant for an original on-sale
general license for seasonal business shall accompany the application
with a fee as determined by the department pursuant to subdivision
(b) of this section. An applicant for an original on-sale beer and
wine license shall accompany the application with a fee of three
hundred dollars ($300). An applicant for an original on-sale beer
license shall accompany the application with a fee of two hundred
dollars ($200). An applicant for an original off-sale general license
shall, at the time of filing the application for the license,
accompany the application with a fee as determined by the department
pursuant to subdivision (b) of this section. An applicant for an
original off-sale beer and wine license or an original license not
specified in this section, shall accompany the application with a fee
of one hundred dollars ($100).
   "Original on-sale general license," "original on-sale general
license for seasonal business," "original on-sale beer and wine
license," "original on-sale beer license," "original off-sale general
license," and "original off-sale beer and wine license," as used in
this division, do not include a license issued upon renewal or
transfer of a license.
   (b) The fee for an original on-sale general license or an original
off-sale general license shall be thirteen thousand eight hundred
dollars ($13,800). Beginning January 1, 2011, and each January
thereafter, the department may adjust this fee as provided in
subdivisions (c) and (d) of Section 23320.
   (c) All money collected from the fees provided for in this section
shall be in the Alcohol Beverage Control Fund as provided in Section
25761.


23954.6.  As used in Section 23954.5, "original onsale general
license" includes an original special onsale general license;
provided, that the fee prescribed in Section 23954.5 shall not be
required in connection with the exchange of an onsale general license
for a special onsale general license, or for the exchange of a
special onsale general license for an onsale general license.



23954.7.  An applicant for an original on-sale general bona fide
public eating place intermittent dockside license for vessels of more
than 7,000 tons displacement shall, at the time of filing the
application for the license, accompany the application with a fee of
two thousand dollars ($2,000), but such fee shall not be payable upon
the renewal or transfer of such license.



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.



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.


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.



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.




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.


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.




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
Population 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 determined by the most recent yearly retail
license count published by the department in its Procedure Manual.
   (e) The enactment of this section shall not affect any existing
rights of any holder of a retail license issued prior to 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.


23959.  If an application is denied or withdrawn, one-fourth of the
license fee paid, or not more than one hundred dollars ($100), shall
be deposited in the Alcohol Beverage Control Fund as provided in
Section 25761. The balance of this amount 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 shall be returned to
the applicant.



23961.  (a) If, at the conclusion of the period prescribed by the
department for the filing of applications for issuance or transfer of
onsale general licenses or offsale 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 his application but
shall not insure the issuance of a license by the department.
   (b) If a drawing is not conducted as provided in subdivision (a)
of this section, applications for issuance of original onsale general
licenses and offsale general licenses in a county or transfer of
such licenses into such 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.



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.