0 chapters · 8,612 sections in this title.
Bus. & Prof. Code § 23953 Section 23953
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(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 issue…
Bus. & Prof. Code § 23954 Section 23954
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The application shall be verified under oath and accompanied by the license fee.
Bus. & Prof. Code § 23954.6 Section 23954.6
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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 …
Bus. & Prof. Code § 23955 Section 23955
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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.
Bus. & Prof. Code § 23956 Section 23956
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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.
Bus. & Prof. Code § 23957 Section 23957
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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 depa…
Bus. & Prof. Code § 23958 Section 23958
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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 provisio…
Bus. & Prof. Code § 23958.1 Section 23958.1
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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.
Bus. & Prof. Code § 23958.2 Section 23958.2
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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.
Bus. & Prof. Code § 23958.4 Section 23958.4
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(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 locate…
Bus. & Prof. Code § 23959 Section 23959
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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 …
Bus. & Prof. Code § 23961 Section 23961
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(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 t…
Bus. & Prof. Code § 23962 Section 23962
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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…
Bus. & Prof. Code § 23985 Section 23985
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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 …
Bus. & Prof. Code § 23985.5 Section 23985.5
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(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 applicati…
Bus. & Prof. Code § 23986 Section 23986
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(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 circulatio…
Bus. & Prof. Code § 23987 Section 23987
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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 distric…
Bus. & Prof. Code § 24011 Section 24011
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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.
Bus. & Prof. Code § 24012 Section 24012
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Upon receipt by the department of a petition for a license in proper form, the petition shall be set for hearing.
Bus. & Prof. Code § 24013 Section 24013
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(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 3…
Bus. & Prof. Code § 24013.1 Section 24013.1
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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.
Bus. & Prof. Code § 24013.2 Section 24013.2
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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 f…
Bus. & Prof. Code § 24013.5 Section 24013.5
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(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 …
Bus. & Prof. Code § 24014 Section 24014
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(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.
Bus. & Prof. Code § 24015 Section 24015
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(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 be…
Bus. & Prof. Code § 24040 Section 24040
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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 b…
Bus. & Prof. Code § 24041 Section 24041
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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 …
Bus. & Prof. Code § 24041.5 Section 24041.5
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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 su…
Bus. & Prof. Code § 24042 Section 24042
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(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 distil…
Bus. & Prof. Code § 24042.5 Section 24042.5
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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 p…
Bus. & Prof. Code § 24043 Section 24043
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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…
Bus. & Prof. Code § 24044 Section 24044
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(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 …
Bus. & Prof. Code § 24044.5 Section 24044.5
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(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 b…
Bus. & Prof. Code § 24045 Section 24045
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(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 bas…
Bus. & Prof. Code § 24045.1 Section 24045.1
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(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 whe…
Bus. & Prof. Code § 24045.10 Section 24045.10
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(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…
Bus. & Prof. Code § 24045.11 Section 24045.11
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(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 occupa…
Bus. & Prof. Code § 24045.12 Section 24045.12
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(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 occ…
Bus. & Prof. Code § 24045.13 Section 24045.13
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(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 dolla…
Bus. & Prof. Code § 24045.14 Section 24045.14
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(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…
Bus. & Prof. Code § 24045.15 Section 24045.15
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(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 Inter…
Bus. & Prof. Code § 24045.16 Section 24045.16
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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 th…
Bus. & Prof. Code § 24045.17 Section 24045.17
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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)…
Bus. & Prof. Code § 24045.18 Section 24045.18
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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 licen…
Bus. & Prof. Code § 24045.19 Section 24045.19
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(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 …
Bus. & Prof. Code § 24045.2 Section 24045.2
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(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 p…
Bus. & Prof. Code § 24045.3 Section 24045.3
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(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 sinc…
Bus. & Prof. Code § 24045.4 Section 24045.4
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(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 Un…
Bus. & Prof. Code § 24045.5 Section 24045.5
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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 condi…
Bus. & Prof. Code § 24045.6 Section 24045.6
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(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 Re…