| 1 | | - | Amended IN Senate April 27, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 980Introduced by Senator WienerFebruary 10, 2022 An act to amend Sections 23789, 23985.5, 24015, 24044.5, 24045.5, and 24300 of, 24013.2, and 24015 of, to add Section 23795 to, and to repeal Sections 24013.1 and 24013.2 of, Section 24013.1 of, the Business and Professions Code, relating to alcoholic beverage control. LEGISLATIVE COUNSEL'S DIGESTSB 980, as amended, Wiener. Alcoholic beverage licenses.(1) The Existing law, the Alcoholic Beverage Control Act Act, contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control.This bill would prohibit the department from denying the issuance of a retail license solely on the basis that the premises are located within 100 feet of a residence, and would prohibit the department from maintaining a presumption that the issuance of a retail license for a premises located within 100 feet of a residence would interfere with the quiet enjoyment of the property. residence.(2)Existing law authorizes the department to refuse the issuance of any retail license for premises located within the immediate vicinity of churches and hospitals and within 600 feet of schools, public playgrounds, or nonprofit youth facilities.This bill would make those provisions applicable to retail offsale licenses only.(3)(2) Existing law requires an applicant to mail notification of an application for the issuance of a retail license to every resident and owner of real property within a 500-foot radius of the premises for which the license is to be issued, except as specified.This bill would specify that the notice is not required if the local governing body of the jurisdiction in which the license is to be issued has adopted an ordinance waiving the notification requirement.(4)(3) Existing law provides that if an application for a license is voluntary voluntarily withdrawn as a result of any protest being filed opposing the issuance of the license, the applicant may not refile an application for the same location for one year, and year. Additionally, existing law makes the verified protests valid against any subsequent applications filed for that premises for one year from the date of withdrawal.This bill would repeal those provisions. the one-year bar on refiling an application for the same location. The bill would limit the one-year validity period of verified protests to subsequent applications for a license of the same type that are filed for that premises.(5)(4) Existing law, after the department notifies an applicant and all protesting parties of its determination to issue a license, authorizes a protesting party to request the department to conduct a hearing on the issues protested.This bill would require the department, after 120 days have elapsed since verification of a protest without holding a hearing, to notify the person who filed the verified protest of their need to reconfirm their request for a hearing in writing, and would deem the protest withdrawn if the person who filed the request for a hearing does not provide the confirmation within 30 days.(6)Existing law requires the purchase of beer, wine, or distilled spirits by the holder of an interim operating permit for a retail license or the holder of a temporary permit to be made only upon payment before or at the time of delivery in currency or by check, except as specified. Existing law makes it a violation or otherwise grounds for disciplinary action for any licensee to extend credit to the holder of a temporary permit or to receive payment from the permittee unless the seller had knowledge of the fact that the purchaser was operating under a temporary permit.This bill would delete those provisions.(7)Existing law requires any hearings held on a protest, accusation, or petition for a license to be held in the county in which the premises or licensee is located, except as specified, and sets forth procedural and other requirements for the hearings.This bill would require the department to issue an applicant for a retail license an interim operating permit if the department has not held a hearing within 6 months after the filing of a protest against the applicant, and would authorize the department to adopt conditions that it determines are reasonable pursuant to its investigation of the license application.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 23795 is added to the Business and Professions Code, to read:23795. (a)The department shall not deny the issuance of a retail license solely on the basis that the premises are located within 100 feet of a residence. The department shall not maintain a presumption that the issuance of a retail license for a premises located within 100 feet of a residence would interfere with the quiet enjoyment of the property by residents.SEC. 2.Section 23789 of the Business and Professions Code is amended to read:23789.(a)The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail offsale license for premises located within the immediate vicinity of churches and hospitals.(b)The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail offsale license for premises located within at least 600 feet of schools and public playgrounds or nonprofit youth facilities, including, but not limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire Girls. This distance shall be measured pursuant to rules of the department.SEC. 3.SEC. 2. Section 23985.5 of the Business and Professions Code is amended to read: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 licensed or for a different retail license, the department shall require that the applicant mail notification of the application to every resident and owner of real property within a 500-foot radius of the premises for which the license is to be issued.(b) The department shall require the applicant to provide notification to the owners of real property, as required in subdivision (a), only if the local jurisdiction in which the license is to be issued provides, free of charge, a list of the names and addresses of the owners to the applicant.(c) For the notification required by subdivision (a), the department shall develop bilingual notices in English and Spanish. The notice shall include information on how to obtain the notice information in a minimum of three of the predominant languages other than English or Spanish in the state, according to the most recent United States decennial or special census information.(d) The notification required in subdivision (a) shall not be required in any instance affecting the issuance of a retail license at a premises if the local governing body of the jurisdiction in which the license is to be issued has adopted an ordinance waiving this notification requirement.SEC. 4.SEC. 3. Section 24013.1 of the Business and Professions Code is repealed.SEC. 5.Section 24013.2 of the Business and Professions Code is repealed.SEC. 4. Section 24013.2 of the Business and Professions Code is amended to read:24013.2. If an application for issuance of a license at a premises is voluntarily withdrawn pursuant to Section 24013.1, as a result of any protest being filed opposing the issuance of that license, all verified protests filed against the issuance of the license at the premises in such application shall remain valid against any subsequent applications for a license of the same type filed for that premises for a period of one year from the date of withdrawal.SEC. 6.SEC. 5. Section 24015 of the Business and Professions Code is amended to read:24015. (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 been accepted in writing of its determination.(b) Any person who has filed a verified protest in a timely fashion pursuant to subdivision (a) of Section 24013, that has been accepted pursuant to this article may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under subdivision (a).(c) At any time prior to the issuance of the license, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review.(d) If a request for a hearing is filed with the department pursuant to subdivision (b), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing.(e) Notwithstanding that a hearing is held pursuant to subdivision (d), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.(f) If no request for a hearing is filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may issue the license without any further proceeding.(g) If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.(h) If 120 days have elapsed since the verification of a protest without the holding of a hearing pursuant to subdivision (b), the department shall notify the person who filed the verified protest of their need to reconfirm their request for a hearing in writing. If the person who filed the request for a hearing does not provide the confirmation in writing within 30 days, the protest shall be deemed withdrawn. |
|---|
| 1 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 980Introduced by Senator WienerFebruary 10, 2022 An act to amend Sections 23789, 23985.5, 24015, 24044.5, 24045.5, and 24300 of, to add Section 23795 to, and to repeal Sections 24013.1 and 24013.2 of, the Business and Professions Code, relating to alcoholic beverage control. LEGISLATIVE COUNSEL'S DIGESTSB 980, as introduced, Wiener. Alcoholic beverage licenses.(1) The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control.This bill would prohibit the department from denying the issuance of a retail license solely on the basis that the premises are located within 100 feet of a residence, and would prohibit the department from maintaining a presumption that the issuance of a retail license for a premises located within 100 feet of a residence would interfere with the quiet enjoyment of the property.(2) Existing law authorizes the department to refuse the issuance of any retail license for premises located within the immediate vicinity of churches and hospitals and within 600 feet of schools, public playgrounds, or nonprofit youth facilities.This bill would make those provisions applicable to retail offsale licenses only.(3) Existing law requires an applicant to mail notification of an application for the issuance of a retail license to every resident and owner of real property within a 500-foot radius of the premises for which the license is to be issued, except as specified.This bill would specify that the notice is not required if the local governing body of the jurisdiction in which the license is to be issued has adopted an ordinance waiving the notification requirement.(4) Existing law provides that if an application for a license is voluntary withdrawn as a result of any protest being filed opposing the issuance of the license, the applicant may not refile an application for the same location for one year, and makes the verified protests valid against any subsequent applications filed for that premises for one year from the date of withdrawal.This bill would repeal those provisions.(5) Existing law, after the department notifies an applicant and all protesting parties of its determination to issue a license, authorizes a protesting party to request the department to conduct a hearing on the issues protested.This bill would require the department, after 120 days have elapsed since verification of a protest without holding a hearing, to notify the person who filed the verified protest of their need to reconfirm their request for a hearing in writing, and would deem the protest withdrawn if the person who filed the request for a hearing does not provide the confirmation within 30 days.(6) Existing law requires the purchase of beer, wine, or distilled spirits by the holder of an interim operating permit for a retail license or the holder of a temporary permit to be made only upon payment before or at the time of delivery in currency or by check, except as specified. Existing law makes it a violation or otherwise grounds for disciplinary action for any licensee to extend credit to the holder of a temporary permit or to receive payment from the permittee unless the seller had knowledge of the fact that the purchaser was operating under a temporary permit.This bill would delete those provisions.(7) Existing law requires any hearings held on a protest, accusation, or petition for a license to be held in the county in which the premises or licensee is located, except as specified, and sets forth procedural and other requirements for the hearings.This bill would require the department to issue an applicant for a retail license an interim operating permit if the department has not held a hearing within 6 months after the filing of a protest against the applicant, and would authorize the department to adopt conditions that it determines are reasonable pursuant to its investigation of the license application.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 23795 is added to the Business and Professions Code, to read:23795. (a) The department shall not deny the issuance of a retail license solely on the basis that the premises are located within 100 feet of a residence. The department shall not maintain a presumption that the issuance of a retail license for a premises located within 100 feet of a residence would interfere with the quiet enjoyment of the property by residents. SEC. 2. Section 23789 of the Business and Professions Code is amended to read:23789. (a) The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail offsale license for premises located within the immediate vicinity of churches and hospitals.(b) The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail offsale license for premises located within at least 600 feet of schools and public playgrounds or nonprofit youth facilities, including, but not limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire Girls. This distance shall be measured pursuant to rules of the department.SEC. 3. Section 23985.5 of the Business and Professions Code is amended to read: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 licensed or for a different retail license, the department shall require that the applicant mail notification of the application to every resident and owner of real property within a 500-foot radius of the premises for which the license is to be issued.(b) The department shall require the applicant to provide notification to the owners of real property, as required in subdivision (a), only if the local jurisdiction in which the license is to be issued provides, free of charge, a list of the names and addresses of the owners to the applicant.(c) For the notification required by subdivision (a), the department shall develop bilingual notices in English and Spanish. The notice shall include information on how to obtain the notice information in a minimum of three of the predominant languages other than English or Spanish in the state, according to the most recent United States decennial or special census information.(d) The notification required in subdivision (a) shall not be required in any instance affecting the issuance of a retail license at a premises if the local governing body of the jurisdiction in which the license is to be issued has adopted an ordinance waiving this notification requirement.SEC. 4. Section 24013.1 of the Business and Professions Code is repealed.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 refile an application for the same location for a period of one year from the date of such withdrawal.SEC. 5. Section 24013.2 of the Business and Professions Code is repealed.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 license at the premises in such application shall remain valid against any subsequent applications filed for that premises for a period of one year from the date of withdrawal.SEC. 6. Section 24015 of the Business and Professions Code is amended to read:24015. (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 been accepted in writing of its determination.(b) Any person who has filed a verified protest in a timely fashion pursuant to subdivision (a) of Section 24013, that has been accepted pursuant to this article may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under subdivision (a).(c) At any time prior to the issuance of the license, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review.(d) If a request for a hearing is filed with the department pursuant to subdivision (b), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing.(e) Notwithstanding that a hearing is held pursuant to subdivision (d), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.(f) If no request for a hearing is filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may issue the license without any further proceeding.(g) If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.(h) If 120 days have elapsed since the verification of a protest without the holding of a hearing pursuant to subdivision (b), the department shall notify the person who filed the verified protest of their need to reconfirm their request for a hearing in writing. If the person who filed the request for a hearing does not provide the confirmation in writing within 30 days, the protest shall be deemed withdrawn. SEC. 7. Section 24044.5 of the Business and Professions Code is amended to read: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 application for a license at the premises is pending and when all of the following conditions exist:(1) The application has been protested pursuant to Article 3 (commencing with Section 24011).(2) The department has made a determination based upon its investigation that the license should be issued.(3) The applicant for the interim operating permit has filed with the department an application for issuance of a license at the premises to themselves.(4) The application for the interim operating permit is accompanied by a nonrefundable fee of one hundred forty-five dollars ($145). This fee may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320.(b) An interim operating permit issued by the department pursuant to this section shall be for a period not to exceed 120 days. An interim operating permit may be extended at the discretion of the department for additional 120-day periods as necessary upon payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required by this section. Any interim operating permit issued by the department shall be automatically canceled when a final determination made by the department regarding the protests becomes effective or when the application for the license is withdrawn, whichever occurs first. An interim operating permit is a conditional permit and authorizes the holder to whom issued to exercise the rights and privileges of the license for which the application has been filed with the department. Any conditions for which the applicant has petitioned pursuant to Article 1.5 (commencing with Section 23800) of Chapter 5 shall apply to any interim operating permit issued by the department.(c)Purchase of beer and wine by the holder of an interim operating permit issued to an applicant for a retail license shall be made only upon payment before or at the time of delivery in currency or by check. Purchase of distilled spirits by the holder of an interim operating permit issued to an applicant for a retail license shall be made only upon payment before or at the time of delivery in currency or by certified check. However, the holder of an interim operating permit issued to an applicant for a retail license, who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the interim operating permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which they operate, may purchase alcoholic beverages on credit under the interim operating permit. (d)(c) All checks received by a seller for beer or wine purchased by the holder of an interim operating permit issued to an applicant for a retail license shall be deposited not later than the second business day following the date the beer or wine is delivered.A check dishonored on presentation shall not be deemed payment. The receipt by the seller or their agent in good faith from a holder of an interim operating permit of a check dishonored on presentation shall not be cause for disciplinary action against the seller.(e)(d) Issuance of the license for which the holder of an interim operating permit issued to an applicant for a retail license has filed an application shall not be approved by the department until the holder of the interim operating permit has filed with the department a statement executed under penalty of perjury that all current obligations have been discharged, and that all outstanding checks issued by them in payment for alcoholic beverages will be honored on presentation.(f)(e) It shall not be a violation of this section or grounds for disciplinary action for any licensee to extend credit to the holder of an interim operating permit issued to an applicant for a retail license or to receive payment from the holder of an interim operating permit in a manner other than authorized herein unless the seller has knowledge of the fact that the purchaser was operating under an interim operating permit. Knowledge of the fact may be established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of credit, the premises operated under an interim operating permit were posted with the notice required by Section 23985, or the holder of the interim operating permit has recorded notice as required by Section 24073, or the holder of the interim operating permit has published notice as required by Section 23986, or the holder of the interim operating permit has recorded and published notice pursuant to Division 6 (commencing with Section 6101) of the Commercial Code.(g)(f) Refusal by the department to issue or extend an interim operating permit shall not entitle the applicant to petition for the permit pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3 (commencing with Section 24011) shall not apply to interim operating permits.(h)(g) Notwithstanding any other provision of law, the department may, in its discretion, cancel or suspend summarily at any time an interim operating permit if the department determines that good cause for the cancellation or suspension exists. Chapter 8 (commencing with Section 24300) shall not apply to interim operating permits.(i)(h) Application for an interim operating permit shall be on any form the department shall prescribe. Fees received by the department for issuance of interim operating permits shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.SEC. 8. Section 24045.5 of the Business and Professions Code is amended to read: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 transfer application for the license from person to person at the same premises is pending and when all the following conditions exist:(a) The premises shall have been operated under a license within 30 days of the date of filing the application for a temporary permit.(b) The license for the premises shall have been surrendered pursuant to rules of the department.(c) The applicant for the temporary permit shall have filed with the department an application for transfer of the license at the premises to himself or herself. themselves.(d) The application for the temporary permit shall be accompanied by a temporary permit fee of one hundred dollars ($100).A temporary permit issued by the department pursuant to this section shall be for a period not to exceed four calendar months. A temporary permit may be extended at the discretion of the department for an additional four calendar months upon payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required herein. A temporary permit is a conditional permit and authorizes the holder thereof to sell the alcoholic beverages as would be permitted to be sold under the privileges of the license for which the transfer application has been filed with the department.Purchase of beer, wine, and distilled spirits by the holder of a temporary permit shall be made only upon payment before or at the time of delivery in currency or by check. However, the holder of a temporary retail permit who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the temporary permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which he or she operates, may purchase alcoholic beverages on credit under the temporary permit.All checks received by a seller for alcoholic beverages purchased by the holder of a temporary retail permit shall be deposited not later than the second business day following the date the alcoholic beverages are delivered.A check dishonored on presentation shall not be deemed payment. The receipt by the seller or his or her their agent in good faith from a holder of a temporary permit of a check dishonored on presentation shall not be cause for disciplinary action against the seller.Transfer of the license for which the holder of a temporary permit has filed an application shall not be approved by the department until the holder of the temporary permit has filed with the department a statement executed under penalty of perjury that all current obligations have been discharged, and that all outstanding checks issued by him or her them in payment for alcoholic beverages will be honored on presentation.It shall not be a violation of this section or otherwise grounds for disciplinary action for any licensee to extend credit to the holder of a temporary permit or to receive payment from the permittee in a manner other than authorized herein unless the seller had knowledge of the fact that the purchaser was operating under a temporary permit. Knowledge of the fact may be established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of credit, the premises operated under a temporary permit were posted with the notice required by Section 23985, or the holder of the temporary permit had recorded notice as required by Section 24073, or the holder of the temporary permit had published notice as required by Section 23986, or the holder of the temporary permit had recorded and published notice pursuant to Division 6 (commencing with Section 6101) of the Commercial Code.Refusal by the department to issue or extend a temporary permit shall not entitle the applicant to petition for the permit pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3 (commencing with Section 24011) shall not apply to temporary permits.Notwithstanding any other provision of law, a temporary permit may be canceled or suspended summarily at anytime any time if the department determines that good cause for the cancellation or suspension exists. Chapter 8 (commencing with Section 24300) shall not apply to temporary permits.Application for a temporary permit shall be on any form the department shall prescribe. If an application for a temporary permit is withdrawn before issuance or is refused by the department, the fee which accompanied the application shall be refunded in full, and Section 23959 shall not apply. Fees received by the department for issuance of temporary permits shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.SEC. 9. Section 24300 of the Business and Professions Code is amended to read:24300. (a) Any hearings held on a protest, accusation, or petition for a license shall be held in the county in which the premises or licensee is located; provided, that hearings before the department itself on reconsideration or under subdivision (c) of Section 11517 of the Government Code may be held at any place in the state where the department is meeting. Except as provided in Section 24203 and in this section, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and in all cases the department shall have all the powers granted therein. The department, in its exclusive discretion, shall consider scheduling the hearing at a time, including evening hours, and at a place convenient to all parties to a proceeding, including those witnesses required to be present, and the public affected.(b) Notwithstanding the provisions of subdivision (a), if a protest is filed against an application for a license and the proposed premises are located within a city, the department may, in its discretion, hold the hearing within that city, unless the protest is filed by the governing body of the city, in which case the department shall hold the hearing within that city.(c) For any hearing held pursuant to this division, the department may delegate the power to hear and decide to an administrative law judge appointed by the director. Any hearing before an administrative law judge shall be pursuant to the procedures, rules, and limitations prescribed in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(d) If the department has not held a hearing pursuant to this division within six months after the filing of a protest against an application for a retail license, the department shall issue the applicant an interim operating permit pursuant to Section 24044.5. In issuing the interim permit, the department may adopt conditions that it determines are reasonable pursuant to its investigation of the license application. |
|---|
| 86 | | - | The people of the State of California do enact as follows:SECTION 1. Section 23795 is added to the Business and Professions Code, to read:23795. (a)The department shall not deny the issuance of a retail license solely on the basis that the premises are located within 100 feet of a residence. The department shall not maintain a presumption that the issuance of a retail license for a premises located within 100 feet of a residence would interfere with the quiet enjoyment of the property by residents.SEC. 2.Section 23789 of the Business and Professions Code is amended to read:23789.(a)The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail offsale license for premises located within the immediate vicinity of churches and hospitals.(b)The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail offsale license for premises located within at least 600 feet of schools and public playgrounds or nonprofit youth facilities, including, but not limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire Girls. This distance shall be measured pursuant to rules of the department.SEC. 3.SEC. 2. Section 23985.5 of the Business and Professions Code is amended to read: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 licensed or for a different retail license, the department shall require that the applicant mail notification of the application to every resident and owner of real property within a 500-foot radius of the premises for which the license is to be issued.(b) The department shall require the applicant to provide notification to the owners of real property, as required in subdivision (a), only if the local jurisdiction in which the license is to be issued provides, free of charge, a list of the names and addresses of the owners to the applicant.(c) For the notification required by subdivision (a), the department shall develop bilingual notices in English and Spanish. The notice shall include information on how to obtain the notice information in a minimum of three of the predominant languages other than English or Spanish in the state, according to the most recent United States decennial or special census information.(d) The notification required in subdivision (a) shall not be required in any instance affecting the issuance of a retail license at a premises if the local governing body of the jurisdiction in which the license is to be issued has adopted an ordinance waiving this notification requirement.SEC. 4.SEC. 3. Section 24013.1 of the Business and Professions Code is repealed.SEC. 5.Section 24013.2 of the Business and Professions Code is repealed.SEC. 4. Section 24013.2 of the Business and Professions Code is amended to read:24013.2. If an application for issuance of a license at a premises is voluntarily withdrawn pursuant to Section 24013.1, as a result of any protest being filed opposing the issuance of that license, all verified protests filed against the issuance of the license at the premises in such application shall remain valid against any subsequent applications for a license of the same type filed for that premises for a period of one year from the date of withdrawal.SEC. 6.SEC. 5. Section 24015 of the Business and Professions Code is amended to read:24015. (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 been accepted in writing of its determination.(b) Any person who has filed a verified protest in a timely fashion pursuant to subdivision (a) of Section 24013, that has been accepted pursuant to this article may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under subdivision (a).(c) At any time prior to the issuance of the license, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review.(d) If a request for a hearing is filed with the department pursuant to subdivision (b), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing.(e) Notwithstanding that a hearing is held pursuant to subdivision (d), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.(f) If no request for a hearing is filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may issue the license without any further proceeding.(g) If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.(h) If 120 days have elapsed since the verification of a protest without the holding of a hearing pursuant to subdivision (b), the department shall notify the person who filed the verified protest of their need to reconfirm their request for a hearing in writing. If the person who filed the request for a hearing does not provide the confirmation in writing within 30 days, the protest shall be deemed withdrawn. |
|---|
| 62 | + | The people of the State of California do enact as follows:SECTION 1. Section 23795 is added to the Business and Professions Code, to read:23795. (a) The department shall not deny the issuance of a retail license solely on the basis that the premises are located within 100 feet of a residence. The department shall not maintain a presumption that the issuance of a retail license for a premises located within 100 feet of a residence would interfere with the quiet enjoyment of the property by residents. SEC. 2. Section 23789 of the Business and Professions Code is amended to read:23789. (a) The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail offsale license for premises located within the immediate vicinity of churches and hospitals.(b) The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail offsale license for premises located within at least 600 feet of schools and public playgrounds or nonprofit youth facilities, including, but not limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire Girls. This distance shall be measured pursuant to rules of the department.SEC. 3. Section 23985.5 of the Business and Professions Code is amended to read: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 licensed or for a different retail license, the department shall require that the applicant mail notification of the application to every resident and owner of real property within a 500-foot radius of the premises for which the license is to be issued.(b) The department shall require the applicant to provide notification to the owners of real property, as required in subdivision (a), only if the local jurisdiction in which the license is to be issued provides, free of charge, a list of the names and addresses of the owners to the applicant.(c) For the notification required by subdivision (a), the department shall develop bilingual notices in English and Spanish. The notice shall include information on how to obtain the notice information in a minimum of three of the predominant languages other than English or Spanish in the state, according to the most recent United States decennial or special census information.(d) The notification required in subdivision (a) shall not be required in any instance affecting the issuance of a retail license at a premises if the local governing body of the jurisdiction in which the license is to be issued has adopted an ordinance waiving this notification requirement.SEC. 4. Section 24013.1 of the Business and Professions Code is repealed.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 refile an application for the same location for a period of one year from the date of such withdrawal.SEC. 5. Section 24013.2 of the Business and Professions Code is repealed.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 license at the premises in such application shall remain valid against any subsequent applications filed for that premises for a period of one year from the date of withdrawal.SEC. 6. Section 24015 of the Business and Professions Code is amended to read:24015. (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 been accepted in writing of its determination.(b) Any person who has filed a verified protest in a timely fashion pursuant to subdivision (a) of Section 24013, that has been accepted pursuant to this article may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under subdivision (a).(c) At any time prior to the issuance of the license, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review.(d) If a request for a hearing is filed with the department pursuant to subdivision (b), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing.(e) Notwithstanding that a hearing is held pursuant to subdivision (d), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.(f) If no request for a hearing is filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may issue the license without any further proceeding.(g) If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.(h) If 120 days have elapsed since the verification of a protest without the holding of a hearing pursuant to subdivision (b), the department shall notify the person who filed the verified protest of their need to reconfirm their request for a hearing in writing. If the person who filed the request for a hearing does not provide the confirmation in writing within 30 days, the protest shall be deemed withdrawn. SEC. 7. Section 24044.5 of the Business and Professions Code is amended to read: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 application for a license at the premises is pending and when all of the following conditions exist:(1) The application has been protested pursuant to Article 3 (commencing with Section 24011).(2) The department has made a determination based upon its investigation that the license should be issued.(3) The applicant for the interim operating permit has filed with the department an application for issuance of a license at the premises to themselves.(4) The application for the interim operating permit is accompanied by a nonrefundable fee of one hundred forty-five dollars ($145). This fee may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320.(b) An interim operating permit issued by the department pursuant to this section shall be for a period not to exceed 120 days. An interim operating permit may be extended at the discretion of the department for additional 120-day periods as necessary upon payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required by this section. Any interim operating permit issued by the department shall be automatically canceled when a final determination made by the department regarding the protests becomes effective or when the application for the license is withdrawn, whichever occurs first. An interim operating permit is a conditional permit and authorizes the holder to whom issued to exercise the rights and privileges of the license for which the application has been filed with the department. Any conditions for which the applicant has petitioned pursuant to Article 1.5 (commencing with Section 23800) of Chapter 5 shall apply to any interim operating permit issued by the department.(c)Purchase of beer and wine by the holder of an interim operating permit issued to an applicant for a retail license shall be made only upon payment before or at the time of delivery in currency or by check. Purchase of distilled spirits by the holder of an interim operating permit issued to an applicant for a retail license shall be made only upon payment before or at the time of delivery in currency or by certified check. However, the holder of an interim operating permit issued to an applicant for a retail license, who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the interim operating permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which they operate, may purchase alcoholic beverages on credit under the interim operating permit. (d)(c) All checks received by a seller for beer or wine purchased by the holder of an interim operating permit issued to an applicant for a retail license shall be deposited not later than the second business day following the date the beer or wine is delivered.A check dishonored on presentation shall not be deemed payment. The receipt by the seller or their agent in good faith from a holder of an interim operating permit of a check dishonored on presentation shall not be cause for disciplinary action against the seller.(e)(d) Issuance of the license for which the holder of an interim operating permit issued to an applicant for a retail license has filed an application shall not be approved by the department until the holder of the interim operating permit has filed with the department a statement executed under penalty of perjury that all current obligations have been discharged, and that all outstanding checks issued by them in payment for alcoholic beverages will be honored on presentation.(f)(e) It shall not be a violation of this section or grounds for disciplinary action for any licensee to extend credit to the holder of an interim operating permit issued to an applicant for a retail license or to receive payment from the holder of an interim operating permit in a manner other than authorized herein unless the seller has knowledge of the fact that the purchaser was operating under an interim operating permit. Knowledge of the fact may be established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of credit, the premises operated under an interim operating permit were posted with the notice required by Section 23985, or the holder of the interim operating permit has recorded notice as required by Section 24073, or the holder of the interim operating permit has published notice as required by Section 23986, or the holder of the interim operating permit has recorded and published notice pursuant to Division 6 (commencing with Section 6101) of the Commercial Code.(g)(f) Refusal by the department to issue or extend an interim operating permit shall not entitle the applicant to petition for the permit pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3 (commencing with Section 24011) shall not apply to interim operating permits.(h)(g) Notwithstanding any other provision of law, the department may, in its discretion, cancel or suspend summarily at any time an interim operating permit if the department determines that good cause for the cancellation or suspension exists. Chapter 8 (commencing with Section 24300) shall not apply to interim operating permits.(i)(h) Application for an interim operating permit shall be on any form the department shall prescribe. Fees received by the department for issuance of interim operating permits shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.SEC. 8. Section 24045.5 of the Business and Professions Code is amended to read: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 transfer application for the license from person to person at the same premises is pending and when all the following conditions exist:(a) The premises shall have been operated under a license within 30 days of the date of filing the application for a temporary permit.(b) The license for the premises shall have been surrendered pursuant to rules of the department.(c) The applicant for the temporary permit shall have filed with the department an application for transfer of the license at the premises to himself or herself. themselves.(d) The application for the temporary permit shall be accompanied by a temporary permit fee of one hundred dollars ($100).A temporary permit issued by the department pursuant to this section shall be for a period not to exceed four calendar months. A temporary permit may be extended at the discretion of the department for an additional four calendar months upon payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required herein. A temporary permit is a conditional permit and authorizes the holder thereof to sell the alcoholic beverages as would be permitted to be sold under the privileges of the license for which the transfer application has been filed with the department.Purchase of beer, wine, and distilled spirits by the holder of a temporary permit shall be made only upon payment before or at the time of delivery in currency or by check. However, the holder of a temporary retail permit who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the temporary permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which he or she operates, may purchase alcoholic beverages on credit under the temporary permit.All checks received by a seller for alcoholic beverages purchased by the holder of a temporary retail permit shall be deposited not later than the second business day following the date the alcoholic beverages are delivered.A check dishonored on presentation shall not be deemed payment. The receipt by the seller or his or her their agent in good faith from a holder of a temporary permit of a check dishonored on presentation shall not be cause for disciplinary action against the seller.Transfer of the license for which the holder of a temporary permit has filed an application shall not be approved by the department until the holder of the temporary permit has filed with the department a statement executed under penalty of perjury that all current obligations have been discharged, and that all outstanding checks issued by him or her them in payment for alcoholic beverages will be honored on presentation.It shall not be a violation of this section or otherwise grounds for disciplinary action for any licensee to extend credit to the holder of a temporary permit or to receive payment from the permittee in a manner other than authorized herein unless the seller had knowledge of the fact that the purchaser was operating under a temporary permit. Knowledge of the fact may be established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of credit, the premises operated under a temporary permit were posted with the notice required by Section 23985, or the holder of the temporary permit had recorded notice as required by Section 24073, or the holder of the temporary permit had published notice as required by Section 23986, or the holder of the temporary permit had recorded and published notice pursuant to Division 6 (commencing with Section 6101) of the Commercial Code.Refusal by the department to issue or extend a temporary permit shall not entitle the applicant to petition for the permit pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3 (commencing with Section 24011) shall not apply to temporary permits.Notwithstanding any other provision of law, a temporary permit may be canceled or suspended summarily at anytime any time if the department determines that good cause for the cancellation or suspension exists. Chapter 8 (commencing with Section 24300) shall not apply to temporary permits.Application for a temporary permit shall be on any form the department shall prescribe. If an application for a temporary permit is withdrawn before issuance or is refused by the department, the fee which accompanied the application shall be refunded in full, and Section 23959 shall not apply. Fees received by the department for issuance of temporary permits shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.SEC. 9. Section 24300 of the Business and Professions Code is amended to read:24300. (a) Any hearings held on a protest, accusation, or petition for a license shall be held in the county in which the premises or licensee is located; provided, that hearings before the department itself on reconsideration or under subdivision (c) of Section 11517 of the Government Code may be held at any place in the state where the department is meeting. Except as provided in Section 24203 and in this section, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and in all cases the department shall have all the powers granted therein. The department, in its exclusive discretion, shall consider scheduling the hearing at a time, including evening hours, and at a place convenient to all parties to a proceeding, including those witnesses required to be present, and the public affected.(b) Notwithstanding the provisions of subdivision (a), if a protest is filed against an application for a license and the proposed premises are located within a city, the department may, in its discretion, hold the hearing within that city, unless the protest is filed by the governing body of the city, in which case the department shall hold the hearing within that city.(c) For any hearing held pursuant to this division, the department may delegate the power to hear and decide to an administrative law judge appointed by the director. Any hearing before an administrative law judge shall be pursuant to the procedures, rules, and limitations prescribed in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(d) If the department has not held a hearing pursuant to this division within six months after the filing of a protest against an application for a retail license, the department shall issue the applicant an interim operating permit pursuant to Section 24044.5. In issuing the interim permit, the department may adopt conditions that it determines are reasonable pursuant to its investigation of the license application. |
|---|
| 173 | 157 | | |
|---|
| 174 | 158 | | 24015. (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 been accepted in writing of its determination.(b) Any person who has filed a verified protest in a timely fashion pursuant to subdivision (a) of Section 24013, that has been accepted pursuant to this article may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under subdivision (a).(c) At any time prior to the issuance of the license, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review.(d) If a request for a hearing is filed with the department pursuant to subdivision (b), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing.(e) Notwithstanding that a hearing is held pursuant to subdivision (d), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.(f) If no request for a hearing is filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may issue the license without any further proceeding.(g) If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.(h) If 120 days have elapsed since the verification of a protest without the holding of a hearing pursuant to subdivision (b), the department shall notify the person who filed the verified protest of their need to reconfirm their request for a hearing in writing. If the person who filed the request for a hearing does not provide the confirmation in writing within 30 days, the protest shall be deemed withdrawn. |
|---|
| 175 | 159 | | |
|---|
| 176 | 160 | | 24015. (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 been accepted in writing of its determination.(b) Any person who has filed a verified protest in a timely fashion pursuant to subdivision (a) of Section 24013, that has been accepted pursuant to this article may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under subdivision (a).(c) At any time prior to the issuance of the license, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review.(d) If a request for a hearing is filed with the department pursuant to subdivision (b), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing.(e) Notwithstanding that a hearing is held pursuant to subdivision (d), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.(f) If no request for a hearing is filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may issue the license without any further proceeding.(g) If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.(h) If 120 days have elapsed since the verification of a protest without the holding of a hearing pursuant to subdivision (b), the department shall notify the person who filed the verified protest of their need to reconfirm their request for a hearing in writing. If the person who filed the request for a hearing does not provide the confirmation in writing within 30 days, the protest shall be deemed withdrawn. |
|---|
| 177 | 161 | | |
|---|
| 178 | 162 | | 24015. (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 been accepted in writing of its determination.(b) Any person who has filed a verified protest in a timely fashion pursuant to subdivision (a) of Section 24013, that has been accepted pursuant to this article may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under subdivision (a).(c) At any time prior to the issuance of the license, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review.(d) If a request for a hearing is filed with the department pursuant to subdivision (b), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing.(e) Notwithstanding that a hearing is held pursuant to subdivision (d), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.(f) If no request for a hearing is filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may issue the license without any further proceeding.(g) If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.(h) If 120 days have elapsed since the verification of a protest without the holding of a hearing pursuant to subdivision (b), the department shall notify the person who filed the verified protest of their need to reconfirm their request for a hearing in writing. If the person who filed the request for a hearing does not provide the confirmation in writing within 30 days, the protest shall be deemed withdrawn. |
|---|
| 179 | 163 | | |
|---|
| 180 | 164 | | |
|---|
| 181 | 165 | | |
|---|
| 182 | 166 | | 24015. (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 been accepted in writing of its determination. |
|---|
| 183 | 167 | | |
|---|
| 184 | 168 | | (b) Any person who has filed a verified protest in a timely fashion pursuant to subdivision (a) of Section 24013, that has been accepted pursuant to this article may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under subdivision (a). |
|---|
| 185 | 169 | | |
|---|
| 186 | 170 | | (c) At any time prior to the issuance of the license, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review. |
|---|
| 187 | 171 | | |
|---|
| 188 | 172 | | (d) If a request for a hearing is filed with the department pursuant to subdivision (b), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing. |
|---|
| 189 | 173 | | |
|---|
| 190 | 174 | | (e) Notwithstanding that a hearing is held pursuant to subdivision (d), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn. |
|---|
| 191 | 175 | | |
|---|
| 192 | 176 | | (f) If no request for a hearing is filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may issue the license without any further proceeding. |
|---|
| 193 | 177 | | |
|---|
| 194 | 178 | | (g) If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn. |
|---|
| 195 | 179 | | |
|---|
| 196 | 180 | | (h) If 120 days have elapsed since the verification of a protest without the holding of a hearing pursuant to subdivision (b), the department shall notify the person who filed the verified protest of their need to reconfirm their request for a hearing in writing. If the person who filed the request for a hearing does not provide the confirmation in writing within 30 days, the protest shall be deemed withdrawn. |
|---|
| 181 | + | |
|---|
| 182 | + | SEC. 7. Section 24044.5 of the Business and Professions Code is amended to read: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 application for a license at the premises is pending and when all of the following conditions exist:(1) The application has been protested pursuant to Article 3 (commencing with Section 24011).(2) The department has made a determination based upon its investigation that the license should be issued.(3) The applicant for the interim operating permit has filed with the department an application for issuance of a license at the premises to themselves.(4) The application for the interim operating permit is accompanied by a nonrefundable fee of one hundred forty-five dollars ($145). This fee may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320.(b) An interim operating permit issued by the department pursuant to this section shall be for a period not to exceed 120 days. An interim operating permit may be extended at the discretion of the department for additional 120-day periods as necessary upon payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required by this section. Any interim operating permit issued by the department shall be automatically canceled when a final determination made by the department regarding the protests becomes effective or when the application for the license is withdrawn, whichever occurs first. An interim operating permit is a conditional permit and authorizes the holder to whom issued to exercise the rights and privileges of the license for which the application has been filed with the department. Any conditions for which the applicant has petitioned pursuant to Article 1.5 (commencing with Section 23800) of Chapter 5 shall apply to any interim operating permit issued by the department.(c)Purchase of beer and wine by the holder of an interim operating permit issued to an applicant for a retail license shall be made only upon payment before or at the time of delivery in currency or by check. Purchase of distilled spirits by the holder of an interim operating permit issued to an applicant for a retail license shall be made only upon payment before or at the time of delivery in currency or by certified check. However, the holder of an interim operating permit issued to an applicant for a retail license, who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the interim operating permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which they operate, may purchase alcoholic beverages on credit under the interim operating permit. (d)(c) All checks received by a seller for beer or wine purchased by the holder of an interim operating permit issued to an applicant for a retail license shall be deposited not later than the second business day following the date the beer or wine is delivered.A check dishonored on presentation shall not be deemed payment. The receipt by the seller or their agent in good faith from a holder of an interim operating permit of a check dishonored on presentation shall not be cause for disciplinary action against the seller.(e)(d) Issuance of the license for which the holder of an interim operating permit issued to an applicant for a retail license has filed an application shall not be approved by the department until the holder of the interim operating permit has filed with the department a statement executed under penalty of perjury that all current obligations have been discharged, and that all outstanding checks issued by them in payment for alcoholic beverages will be honored on presentation.(f)(e) It shall not be a violation of this section or grounds for disciplinary action for any licensee to extend credit to the holder of an interim operating permit issued to an applicant for a retail license or to receive payment from the holder of an interim operating permit in a manner other than authorized herein unless the seller has knowledge of the fact that the purchaser was operating under an interim operating permit. Knowledge of the fact may be established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of credit, the premises operated under an interim operating permit were posted with the notice required by Section 23985, or the holder of the interim operating permit has recorded notice as required by Section 24073, or the holder of the interim operating permit has published notice as required by Section 23986, or the holder of the interim operating permit has recorded and published notice pursuant to Division 6 (commencing with Section 6101) of the Commercial Code.(g)(f) Refusal by the department to issue or extend an interim operating permit shall not entitle the applicant to petition for the permit pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3 (commencing with Section 24011) shall not apply to interim operating permits.(h)(g) Notwithstanding any other provision of law, the department may, in its discretion, cancel or suspend summarily at any time an interim operating permit if the department determines that good cause for the cancellation or suspension exists. Chapter 8 (commencing with Section 24300) shall not apply to interim operating permits.(i)(h) Application for an interim operating permit shall be on any form the department shall prescribe. Fees received by the department for issuance of interim operating permits shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. |
|---|
| 183 | + | |
|---|
| 184 | + | SEC. 7. Section 24044.5 of the Business and Professions Code is amended to read: |
|---|
| 185 | + | |
|---|
| 186 | + | ### SEC. 7. |
|---|
| 187 | + | |
|---|
| 188 | + | 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 application for a license at the premises is pending and when all of the following conditions exist:(1) The application has been protested pursuant to Article 3 (commencing with Section 24011).(2) The department has made a determination based upon its investigation that the license should be issued.(3) The applicant for the interim operating permit has filed with the department an application for issuance of a license at the premises to themselves.(4) The application for the interim operating permit is accompanied by a nonrefundable fee of one hundred forty-five dollars ($145). This fee may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320.(b) An interim operating permit issued by the department pursuant to this section shall be for a period not to exceed 120 days. An interim operating permit may be extended at the discretion of the department for additional 120-day periods as necessary upon payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required by this section. Any interim operating permit issued by the department shall be automatically canceled when a final determination made by the department regarding the protests becomes effective or when the application for the license is withdrawn, whichever occurs first. An interim operating permit is a conditional permit and authorizes the holder to whom issued to exercise the rights and privileges of the license for which the application has been filed with the department. Any conditions for which the applicant has petitioned pursuant to Article 1.5 (commencing with Section 23800) of Chapter 5 shall apply to any interim operating permit issued by the department.(c)Purchase of beer and wine by the holder of an interim operating permit issued to an applicant for a retail license shall be made only upon payment before or at the time of delivery in currency or by check. Purchase of distilled spirits by the holder of an interim operating permit issued to an applicant for a retail license shall be made only upon payment before or at the time of delivery in currency or by certified check. However, the holder of an interim operating permit issued to an applicant for a retail license, who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the interim operating permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which they operate, may purchase alcoholic beverages on credit under the interim operating permit. (d)(c) All checks received by a seller for beer or wine purchased by the holder of an interim operating permit issued to an applicant for a retail license shall be deposited not later than the second business day following the date the beer or wine is delivered.A check dishonored on presentation shall not be deemed payment. The receipt by the seller or their agent in good faith from a holder of an interim operating permit of a check dishonored on presentation shall not be cause for disciplinary action against the seller.(e)(d) Issuance of the license for which the holder of an interim operating permit issued to an applicant for a retail license has filed an application shall not be approved by the department until the holder of the interim operating permit has filed with the department a statement executed under penalty of perjury that all current obligations have been discharged, and that all outstanding checks issued by them in payment for alcoholic beverages will be honored on presentation.(f)(e) It shall not be a violation of this section or grounds for disciplinary action for any licensee to extend credit to the holder of an interim operating permit issued to an applicant for a retail license or to receive payment from the holder of an interim operating permit in a manner other than authorized herein unless the seller has knowledge of the fact that the purchaser was operating under an interim operating permit. Knowledge of the fact may be established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of credit, the premises operated under an interim operating permit were posted with the notice required by Section 23985, or the holder of the interim operating permit has recorded notice as required by Section 24073, or the holder of the interim operating permit has published notice as required by Section 23986, or the holder of the interim operating permit has recorded and published notice pursuant to Division 6 (commencing with Section 6101) of the Commercial Code.(g)(f) Refusal by the department to issue or extend an interim operating permit shall not entitle the applicant to petition for the permit pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3 (commencing with Section 24011) shall not apply to interim operating permits.(h)(g) Notwithstanding any other provision of law, the department may, in its discretion, cancel or suspend summarily at any time an interim operating permit if the department determines that good cause for the cancellation or suspension exists. Chapter 8 (commencing with Section 24300) shall not apply to interim operating permits.(i)(h) Application for an interim operating permit shall be on any form the department shall prescribe. Fees received by the department for issuance of interim operating permits shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. |
|---|
| 189 | + | |
|---|
| 190 | + | 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 application for a license at the premises is pending and when all of the following conditions exist:(1) The application has been protested pursuant to Article 3 (commencing with Section 24011).(2) The department has made a determination based upon its investigation that the license should be issued.(3) The applicant for the interim operating permit has filed with the department an application for issuance of a license at the premises to themselves.(4) The application for the interim operating permit is accompanied by a nonrefundable fee of one hundred forty-five dollars ($145). This fee may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320.(b) An interim operating permit issued by the department pursuant to this section shall be for a period not to exceed 120 days. An interim operating permit may be extended at the discretion of the department for additional 120-day periods as necessary upon payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required by this section. Any interim operating permit issued by the department shall be automatically canceled when a final determination made by the department regarding the protests becomes effective or when the application for the license is withdrawn, whichever occurs first. An interim operating permit is a conditional permit and authorizes the holder to whom issued to exercise the rights and privileges of the license for which the application has been filed with the department. Any conditions for which the applicant has petitioned pursuant to Article 1.5 (commencing with Section 23800) of Chapter 5 shall apply to any interim operating permit issued by the department.(c)Purchase of beer and wine by the holder of an interim operating permit issued to an applicant for a retail license shall be made only upon payment before or at the time of delivery in currency or by check. Purchase of distilled spirits by the holder of an interim operating permit issued to an applicant for a retail license shall be made only upon payment before or at the time of delivery in currency or by certified check. However, the holder of an interim operating permit issued to an applicant for a retail license, who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the interim operating permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which they operate, may purchase alcoholic beverages on credit under the interim operating permit. (d)(c) All checks received by a seller for beer or wine purchased by the holder of an interim operating permit issued to an applicant for a retail license shall be deposited not later than the second business day following the date the beer or wine is delivered.A check dishonored on presentation shall not be deemed payment. The receipt by the seller or their agent in good faith from a holder of an interim operating permit of a check dishonored on presentation shall not be cause for disciplinary action against the seller.(e)(d) Issuance of the license for which the holder of an interim operating permit issued to an applicant for a retail license has filed an application shall not be approved by the department until the holder of the interim operating permit has filed with the department a statement executed under penalty of perjury that all current obligations have been discharged, and that all outstanding checks issued by them in payment for alcoholic beverages will be honored on presentation.(f)(e) It shall not be a violation of this section or grounds for disciplinary action for any licensee to extend credit to the holder of an interim operating permit issued to an applicant for a retail license or to receive payment from the holder of an interim operating permit in a manner other than authorized herein unless the seller has knowledge of the fact that the purchaser was operating under an interim operating permit. Knowledge of the fact may be established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of credit, the premises operated under an interim operating permit were posted with the notice required by Section 23985, or the holder of the interim operating permit has recorded notice as required by Section 24073, or the holder of the interim operating permit has published notice as required by Section 23986, or the holder of the interim operating permit has recorded and published notice pursuant to Division 6 (commencing with Section 6101) of the Commercial Code.(g)(f) Refusal by the department to issue or extend an interim operating permit shall not entitle the applicant to petition for the permit pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3 (commencing with Section 24011) shall not apply to interim operating permits.(h)(g) Notwithstanding any other provision of law, the department may, in its discretion, cancel or suspend summarily at any time an interim operating permit if the department determines that good cause for the cancellation or suspension exists. Chapter 8 (commencing with Section 24300) shall not apply to interim operating permits.(i)(h) Application for an interim operating permit shall be on any form the department shall prescribe. Fees received by the department for issuance of interim operating permits shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. |
|---|
| 191 | + | |
|---|
| 192 | + | 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 application for a license at the premises is pending and when all of the following conditions exist:(1) The application has been protested pursuant to Article 3 (commencing with Section 24011).(2) The department has made a determination based upon its investigation that the license should be issued.(3) The applicant for the interim operating permit has filed with the department an application for issuance of a license at the premises to themselves.(4) The application for the interim operating permit is accompanied by a nonrefundable fee of one hundred forty-five dollars ($145). This fee may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320.(b) An interim operating permit issued by the department pursuant to this section shall be for a period not to exceed 120 days. An interim operating permit may be extended at the discretion of the department for additional 120-day periods as necessary upon payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required by this section. Any interim operating permit issued by the department shall be automatically canceled when a final determination made by the department regarding the protests becomes effective or when the application for the license is withdrawn, whichever occurs first. An interim operating permit is a conditional permit and authorizes the holder to whom issued to exercise the rights and privileges of the license for which the application has been filed with the department. Any conditions for which the applicant has petitioned pursuant to Article 1.5 (commencing with Section 23800) of Chapter 5 shall apply to any interim operating permit issued by the department.(c)Purchase of beer and wine by the holder of an interim operating permit issued to an applicant for a retail license shall be made only upon payment before or at the time of delivery in currency or by check. Purchase of distilled spirits by the holder of an interim operating permit issued to an applicant for a retail license shall be made only upon payment before or at the time of delivery in currency or by certified check. However, the holder of an interim operating permit issued to an applicant for a retail license, who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the interim operating permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which they operate, may purchase alcoholic beverages on credit under the interim operating permit. (d)(c) All checks received by a seller for beer or wine purchased by the holder of an interim operating permit issued to an applicant for a retail license shall be deposited not later than the second business day following the date the beer or wine is delivered.A check dishonored on presentation shall not be deemed payment. The receipt by the seller or their agent in good faith from a holder of an interim operating permit of a check dishonored on presentation shall not be cause for disciplinary action against the seller.(e)(d) Issuance of the license for which the holder of an interim operating permit issued to an applicant for a retail license has filed an application shall not be approved by the department until the holder of the interim operating permit has filed with the department a statement executed under penalty of perjury that all current obligations have been discharged, and that all outstanding checks issued by them in payment for alcoholic beverages will be honored on presentation.(f)(e) It shall not be a violation of this section or grounds for disciplinary action for any licensee to extend credit to the holder of an interim operating permit issued to an applicant for a retail license or to receive payment from the holder of an interim operating permit in a manner other than authorized herein unless the seller has knowledge of the fact that the purchaser was operating under an interim operating permit. Knowledge of the fact may be established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of credit, the premises operated under an interim operating permit were posted with the notice required by Section 23985, or the holder of the interim operating permit has recorded notice as required by Section 24073, or the holder of the interim operating permit has published notice as required by Section 23986, or the holder of the interim operating permit has recorded and published notice pursuant to Division 6 (commencing with Section 6101) of the Commercial Code.(g)(f) Refusal by the department to issue or extend an interim operating permit shall not entitle the applicant to petition for the permit pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3 (commencing with Section 24011) shall not apply to interim operating permits.(h)(g) Notwithstanding any other provision of law, the department may, in its discretion, cancel or suspend summarily at any time an interim operating permit if the department determines that good cause for the cancellation or suspension exists. Chapter 8 (commencing with Section 24300) shall not apply to interim operating permits.(i)(h) Application for an interim operating permit shall be on any form the department shall prescribe. Fees received by the department for issuance of interim operating permits shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. |
|---|
| 193 | + | |
|---|
| 194 | + | |
|---|
| 195 | + | |
|---|
| 196 | + | 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 application for a license at the premises is pending and when all of the following conditions exist: |
|---|
| 197 | + | |
|---|
| 198 | + | (1) The application has been protested pursuant to Article 3 (commencing with Section 24011). |
|---|
| 199 | + | |
|---|
| 200 | + | (2) The department has made a determination based upon its investigation that the license should be issued. |
|---|
| 201 | + | |
|---|
| 202 | + | (3) The applicant for the interim operating permit has filed with the department an application for issuance of a license at the premises to themselves. |
|---|
| 203 | + | |
|---|
| 204 | + | (4) The application for the interim operating permit is accompanied by a nonrefundable fee of one hundred forty-five dollars ($145). This fee may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320. |
|---|
| 205 | + | |
|---|
| 206 | + | (b) An interim operating permit issued by the department pursuant to this section shall be for a period not to exceed 120 days. An interim operating permit may be extended at the discretion of the department for additional 120-day periods as necessary upon payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required by this section. Any interim operating permit issued by the department shall be automatically canceled when a final determination made by the department regarding the protests becomes effective or when the application for the license is withdrawn, whichever occurs first. An interim operating permit is a conditional permit and authorizes the holder to whom issued to exercise the rights and privileges of the license for which the application has been filed with the department. Any conditions for which the applicant has petitioned pursuant to Article 1.5 (commencing with Section 23800) of Chapter 5 shall apply to any interim operating permit issued by the department. |
|---|
| 207 | + | |
|---|
| 208 | + | (c)Purchase of beer and wine by the holder of an interim operating permit issued to an applicant for a retail license shall be made only upon payment before or at the time of delivery in currency or by check. Purchase of distilled spirits by the holder of an interim operating permit issued to an applicant for a retail license shall be made only upon payment before or at the time of delivery in currency or by certified check. However, the holder of an interim operating permit issued to an applicant for a retail license, who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the interim operating permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which they operate, may purchase alcoholic beverages on credit under the interim operating permit. |
|---|
| 209 | + | |
|---|
| 210 | + | |
|---|
| 211 | + | |
|---|
| 212 | + | (d) |
|---|
| 213 | + | |
|---|
| 214 | + | |
|---|
| 215 | + | |
|---|
| 216 | + | (c) All checks received by a seller for beer or wine purchased by the holder of an interim operating permit issued to an applicant for a retail license shall be deposited not later than the second business day following the date the beer or wine is delivered. |
|---|
| 217 | + | |
|---|
| 218 | + | A check dishonored on presentation shall not be deemed payment. The receipt by the seller or their agent in good faith from a holder of an interim operating permit of a check dishonored on presentation shall not be cause for disciplinary action against the seller. |
|---|
| 219 | + | |
|---|
| 220 | + | (e) |
|---|
| 221 | + | |
|---|
| 222 | + | |
|---|
| 223 | + | |
|---|
| 224 | + | (d) Issuance of the license for which the holder of an interim operating permit issued to an applicant for a retail license has filed an application shall not be approved by the department until the holder of the interim operating permit has filed with the department a statement executed under penalty of perjury that all current obligations have been discharged, and that all outstanding checks issued by them in payment for alcoholic beverages will be honored on presentation. |
|---|
| 225 | + | |
|---|
| 226 | + | (f) |
|---|
| 227 | + | |
|---|
| 228 | + | |
|---|
| 229 | + | |
|---|
| 230 | + | (e) It shall not be a violation of this section or grounds for disciplinary action for any licensee to extend credit to the holder of an interim operating permit issued to an applicant for a retail license or to receive payment from the holder of an interim operating permit in a manner other than authorized herein unless the seller has knowledge of the fact that the purchaser was operating under an interim operating permit. Knowledge of the fact may be established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of credit, the premises operated under an interim operating permit were posted with the notice required by Section 23985, or the holder of the interim operating permit has recorded notice as required by Section 24073, or the holder of the interim operating permit has published notice as required by Section 23986, or the holder of the interim operating permit has recorded and published notice pursuant to Division 6 (commencing with Section 6101) of the Commercial Code. |
|---|
| 231 | + | |
|---|
| 232 | + | (g) |
|---|
| 233 | + | |
|---|
| 234 | + | |
|---|
| 235 | + | |
|---|
| 236 | + | (f) Refusal by the department to issue or extend an interim operating permit shall not entitle the applicant to petition for the permit pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3 (commencing with Section 24011) shall not apply to interim operating permits. |
|---|
| 237 | + | |
|---|
| 238 | + | (h) |
|---|
| 239 | + | |
|---|
| 240 | + | |
|---|
| 241 | + | |
|---|
| 242 | + | (g) Notwithstanding any other provision of law, the department may, in its discretion, cancel or suspend summarily at any time an interim operating permit if the department determines that good cause for the cancellation or suspension exists. Chapter 8 (commencing with Section 24300) shall not apply to interim operating permits. |
|---|
| 243 | + | |
|---|
| 244 | + | (i) |
|---|
| 245 | + | |
|---|
| 246 | + | |
|---|
| 247 | + | |
|---|
| 248 | + | (h) Application for an interim operating permit shall be on any form the department shall prescribe. Fees received by the department for issuance of interim operating permits shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. |
|---|
| 249 | + | |
|---|
| 250 | + | SEC. 8. Section 24045.5 of the Business and Professions Code is amended to read: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 transfer application for the license from person to person at the same premises is pending and when all the following conditions exist:(a) The premises shall have been operated under a license within 30 days of the date of filing the application for a temporary permit.(b) The license for the premises shall have been surrendered pursuant to rules of the department.(c) The applicant for the temporary permit shall have filed with the department an application for transfer of the license at the premises to himself or herself. themselves.(d) The application for the temporary permit shall be accompanied by a temporary permit fee of one hundred dollars ($100).A temporary permit issued by the department pursuant to this section shall be for a period not to exceed four calendar months. A temporary permit may be extended at the discretion of the department for an additional four calendar months upon payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required herein. A temporary permit is a conditional permit and authorizes the holder thereof to sell the alcoholic beverages as would be permitted to be sold under the privileges of the license for which the transfer application has been filed with the department.Purchase of beer, wine, and distilled spirits by the holder of a temporary permit shall be made only upon payment before or at the time of delivery in currency or by check. However, the holder of a temporary retail permit who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the temporary permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which he or she operates, may purchase alcoholic beverages on credit under the temporary permit.All checks received by a seller for alcoholic beverages purchased by the holder of a temporary retail permit shall be deposited not later than the second business day following the date the alcoholic beverages are delivered.A check dishonored on presentation shall not be deemed payment. The receipt by the seller or his or her their agent in good faith from a holder of a temporary permit of a check dishonored on presentation shall not be cause for disciplinary action against the seller.Transfer of the license for which the holder of a temporary permit has filed an application shall not be approved by the department until the holder of the temporary permit has filed with the department a statement executed under penalty of perjury that all current obligations have been discharged, and that all outstanding checks issued by him or her them in payment for alcoholic beverages will be honored on presentation.It shall not be a violation of this section or otherwise grounds for disciplinary action for any licensee to extend credit to the holder of a temporary permit or to receive payment from the permittee in a manner other than authorized herein unless the seller had knowledge of the fact that the purchaser was operating under a temporary permit. Knowledge of the fact may be established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of credit, the premises operated under a temporary permit were posted with the notice required by Section 23985, or the holder of the temporary permit had recorded notice as required by Section 24073, or the holder of the temporary permit had published notice as required by Section 23986, or the holder of the temporary permit had recorded and published notice pursuant to Division 6 (commencing with Section 6101) of the Commercial Code.Refusal by the department to issue or extend a temporary permit shall not entitle the applicant to petition for the permit pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3 (commencing with Section 24011) shall not apply to temporary permits.Notwithstanding any other provision of law, a temporary permit may be canceled or suspended summarily at anytime any time if the department determines that good cause for the cancellation or suspension exists. Chapter 8 (commencing with Section 24300) shall not apply to temporary permits.Application for a temporary permit shall be on any form the department shall prescribe. If an application for a temporary permit is withdrawn before issuance or is refused by the department, the fee which accompanied the application shall be refunded in full, and Section 23959 shall not apply. Fees received by the department for issuance of temporary permits shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. |
|---|
| 251 | + | |
|---|
| 252 | + | SEC. 8. Section 24045.5 of the Business and Professions Code is amended to read: |
|---|
| 253 | + | |
|---|
| 254 | + | ### SEC. 8. |
|---|
| 255 | + | |
|---|
| 256 | + | 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 transfer application for the license from person to person at the same premises is pending and when all the following conditions exist:(a) The premises shall have been operated under a license within 30 days of the date of filing the application for a temporary permit.(b) The license for the premises shall have been surrendered pursuant to rules of the department.(c) The applicant for the temporary permit shall have filed with the department an application for transfer of the license at the premises to himself or herself. themselves.(d) The application for the temporary permit shall be accompanied by a temporary permit fee of one hundred dollars ($100).A temporary permit issued by the department pursuant to this section shall be for a period not to exceed four calendar months. A temporary permit may be extended at the discretion of the department for an additional four calendar months upon payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required herein. A temporary permit is a conditional permit and authorizes the holder thereof to sell the alcoholic beverages as would be permitted to be sold under the privileges of the license for which the transfer application has been filed with the department.Purchase of beer, wine, and distilled spirits by the holder of a temporary permit shall be made only upon payment before or at the time of delivery in currency or by check. However, the holder of a temporary retail permit who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the temporary permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which he or she operates, may purchase alcoholic beverages on credit under the temporary permit.All checks received by a seller for alcoholic beverages purchased by the holder of a temporary retail permit shall be deposited not later than the second business day following the date the alcoholic beverages are delivered.A check dishonored on presentation shall not be deemed payment. The receipt by the seller or his or her their agent in good faith from a holder of a temporary permit of a check dishonored on presentation shall not be cause for disciplinary action against the seller.Transfer of the license for which the holder of a temporary permit has filed an application shall not be approved by the department until the holder of the temporary permit has filed with the department a statement executed under penalty of perjury that all current obligations have been discharged, and that all outstanding checks issued by him or her them in payment for alcoholic beverages will be honored on presentation.It shall not be a violation of this section or otherwise grounds for disciplinary action for any licensee to extend credit to the holder of a temporary permit or to receive payment from the permittee in a manner other than authorized herein unless the seller had knowledge of the fact that the purchaser was operating under a temporary permit. Knowledge of the fact may be established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of credit, the premises operated under a temporary permit were posted with the notice required by Section 23985, or the holder of the temporary permit had recorded notice as required by Section 24073, or the holder of the temporary permit had published notice as required by Section 23986, or the holder of the temporary permit had recorded and published notice pursuant to Division 6 (commencing with Section 6101) of the Commercial Code.Refusal by the department to issue or extend a temporary permit shall not entitle the applicant to petition for the permit pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3 (commencing with Section 24011) shall not apply to temporary permits.Notwithstanding any other provision of law, a temporary permit may be canceled or suspended summarily at anytime any time if the department determines that good cause for the cancellation or suspension exists. Chapter 8 (commencing with Section 24300) shall not apply to temporary permits.Application for a temporary permit shall be on any form the department shall prescribe. If an application for a temporary permit is withdrawn before issuance or is refused by the department, the fee which accompanied the application shall be refunded in full, and Section 23959 shall not apply. Fees received by the department for issuance of temporary permits shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. |
|---|
| 257 | + | |
|---|
| 258 | + | 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 transfer application for the license from person to person at the same premises is pending and when all the following conditions exist:(a) The premises shall have been operated under a license within 30 days of the date of filing the application for a temporary permit.(b) The license for the premises shall have been surrendered pursuant to rules of the department.(c) The applicant for the temporary permit shall have filed with the department an application for transfer of the license at the premises to himself or herself. themselves.(d) The application for the temporary permit shall be accompanied by a temporary permit fee of one hundred dollars ($100).A temporary permit issued by the department pursuant to this section shall be for a period not to exceed four calendar months. A temporary permit may be extended at the discretion of the department for an additional four calendar months upon payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required herein. A temporary permit is a conditional permit and authorizes the holder thereof to sell the alcoholic beverages as would be permitted to be sold under the privileges of the license for which the transfer application has been filed with the department.Purchase of beer, wine, and distilled spirits by the holder of a temporary permit shall be made only upon payment before or at the time of delivery in currency or by check. However, the holder of a temporary retail permit who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the temporary permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which he or she operates, may purchase alcoholic beverages on credit under the temporary permit.All checks received by a seller for alcoholic beverages purchased by the holder of a temporary retail permit shall be deposited not later than the second business day following the date the alcoholic beverages are delivered.A check dishonored on presentation shall not be deemed payment. The receipt by the seller or his or her their agent in good faith from a holder of a temporary permit of a check dishonored on presentation shall not be cause for disciplinary action against the seller.Transfer of the license for which the holder of a temporary permit has filed an application shall not be approved by the department until the holder of the temporary permit has filed with the department a statement executed under penalty of perjury that all current obligations have been discharged, and that all outstanding checks issued by him or her them in payment for alcoholic beverages will be honored on presentation.It shall not be a violation of this section or otherwise grounds for disciplinary action for any licensee to extend credit to the holder of a temporary permit or to receive payment from the permittee in a manner other than authorized herein unless the seller had knowledge of the fact that the purchaser was operating under a temporary permit. Knowledge of the fact may be established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of credit, the premises operated under a temporary permit were posted with the notice required by Section 23985, or the holder of the temporary permit had recorded notice as required by Section 24073, or the holder of the temporary permit had published notice as required by Section 23986, or the holder of the temporary permit had recorded and published notice pursuant to Division 6 (commencing with Section 6101) of the Commercial Code.Refusal by the department to issue or extend a temporary permit shall not entitle the applicant to petition for the permit pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3 (commencing with Section 24011) shall not apply to temporary permits.Notwithstanding any other provision of law, a temporary permit may be canceled or suspended summarily at anytime any time if the department determines that good cause for the cancellation or suspension exists. Chapter 8 (commencing with Section 24300) shall not apply to temporary permits.Application for a temporary permit shall be on any form the department shall prescribe. If an application for a temporary permit is withdrawn before issuance or is refused by the department, the fee which accompanied the application shall be refunded in full, and Section 23959 shall not apply. Fees received by the department for issuance of temporary permits shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. |
|---|
| 259 | + | |
|---|
| 260 | + | 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 transfer application for the license from person to person at the same premises is pending and when all the following conditions exist:(a) The premises shall have been operated under a license within 30 days of the date of filing the application for a temporary permit.(b) The license for the premises shall have been surrendered pursuant to rules of the department.(c) The applicant for the temporary permit shall have filed with the department an application for transfer of the license at the premises to himself or herself. themselves.(d) The application for the temporary permit shall be accompanied by a temporary permit fee of one hundred dollars ($100).A temporary permit issued by the department pursuant to this section shall be for a period not to exceed four calendar months. A temporary permit may be extended at the discretion of the department for an additional four calendar months upon payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required herein. A temporary permit is a conditional permit and authorizes the holder thereof to sell the alcoholic beverages as would be permitted to be sold under the privileges of the license for which the transfer application has been filed with the department.Purchase of beer, wine, and distilled spirits by the holder of a temporary permit shall be made only upon payment before or at the time of delivery in currency or by check. However, the holder of a temporary retail permit who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the temporary permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which he or she operates, may purchase alcoholic beverages on credit under the temporary permit.All checks received by a seller for alcoholic beverages purchased by the holder of a temporary retail permit shall be deposited not later than the second business day following the date the alcoholic beverages are delivered.A check dishonored on presentation shall not be deemed payment. The receipt by the seller or his or her their agent in good faith from a holder of a temporary permit of a check dishonored on presentation shall not be cause for disciplinary action against the seller.Transfer of the license for which the holder of a temporary permit has filed an application shall not be approved by the department until the holder of the temporary permit has filed with the department a statement executed under penalty of perjury that all current obligations have been discharged, and that all outstanding checks issued by him or her them in payment for alcoholic beverages will be honored on presentation.It shall not be a violation of this section or otherwise grounds for disciplinary action for any licensee to extend credit to the holder of a temporary permit or to receive payment from the permittee in a manner other than authorized herein unless the seller had knowledge of the fact that the purchaser was operating under a temporary permit. Knowledge of the fact may be established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of credit, the premises operated under a temporary permit were posted with the notice required by Section 23985, or the holder of the temporary permit had recorded notice as required by Section 24073, or the holder of the temporary permit had published notice as required by Section 23986, or the holder of the temporary permit had recorded and published notice pursuant to Division 6 (commencing with Section 6101) of the Commercial Code.Refusal by the department to issue or extend a temporary permit shall not entitle the applicant to petition for the permit pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3 (commencing with Section 24011) shall not apply to temporary permits.Notwithstanding any other provision of law, a temporary permit may be canceled or suspended summarily at anytime any time if the department determines that good cause for the cancellation or suspension exists. Chapter 8 (commencing with Section 24300) shall not apply to temporary permits.Application for a temporary permit shall be on any form the department shall prescribe. If an application for a temporary permit is withdrawn before issuance or is refused by the department, the fee which accompanied the application shall be refunded in full, and Section 23959 shall not apply. Fees received by the department for issuance of temporary permits shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. |
|---|
| 261 | + | |
|---|
| 262 | + | |
|---|
| 263 | + | |
|---|
| 264 | + | 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 transfer application for the license from person to person at the same premises is pending and when all the following conditions exist: |
|---|
| 265 | + | |
|---|
| 266 | + | (a) The premises shall have been operated under a license within 30 days of the date of filing the application for a temporary permit. |
|---|
| 267 | + | |
|---|
| 268 | + | (b) The license for the premises shall have been surrendered pursuant to rules of the department. |
|---|
| 269 | + | |
|---|
| 270 | + | (c) The applicant for the temporary permit shall have filed with the department an application for transfer of the license at the premises to himself or herself. themselves. |
|---|
| 271 | + | |
|---|
| 272 | + | (d) The application for the temporary permit shall be accompanied by a temporary permit fee of one hundred dollars ($100). |
|---|
| 273 | + | |
|---|
| 274 | + | A temporary permit issued by the department pursuant to this section shall be for a period not to exceed four calendar months. A temporary permit may be extended at the discretion of the department for an additional four calendar months upon payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required herein. A temporary permit is a conditional permit and authorizes the holder thereof to sell the alcoholic beverages as would be permitted to be sold under the privileges of the license for which the transfer application has been filed with the department. |
|---|
| 275 | + | |
|---|
| 276 | + | Purchase of beer, wine, and distilled spirits by the holder of a temporary permit shall be made only upon payment before or at the time of delivery in currency or by check. However, the holder of a temporary retail permit who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the temporary permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which he or she operates, may purchase alcoholic beverages on credit under the temporary permit. |
|---|
| 277 | + | |
|---|
| 278 | + | |
|---|
| 279 | + | |
|---|
| 280 | + | All checks received by a seller for alcoholic beverages purchased by the holder of a temporary retail permit shall be deposited not later than the second business day following the date the alcoholic beverages are delivered. |
|---|
| 281 | + | |
|---|
| 282 | + | A check dishonored on presentation shall not be deemed payment. The receipt by the seller or his or her their agent in good faith from a holder of a temporary permit of a check dishonored on presentation shall not be cause for disciplinary action against the seller. |
|---|
| 283 | + | |
|---|
| 284 | + | Transfer of the license for which the holder of a temporary permit has filed an application shall not be approved by the department until the holder of the temporary permit has filed with the department a statement executed under penalty of perjury that all current obligations have been discharged, and that all outstanding checks issued by him or her them in payment for alcoholic beverages will be honored on presentation. |
|---|
| 285 | + | |
|---|
| 286 | + | It shall not be a violation of this section or otherwise grounds for disciplinary action for any licensee to extend credit to the holder of a temporary permit or to receive payment from the permittee in a manner other than authorized herein unless the seller had knowledge of the fact that the purchaser was operating under a temporary permit. Knowledge of the fact may be established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of credit, the premises operated under a temporary permit were posted with the notice required by Section 23985, or the holder of the temporary permit had recorded notice as required by Section 24073, or the holder of the temporary permit had published notice as required by Section 23986, or the holder of the temporary permit had recorded and published notice pursuant to Division 6 (commencing with Section 6101) of the Commercial Code. |
|---|
| 287 | + | |
|---|
| 288 | + | |
|---|
| 289 | + | |
|---|
| 290 | + | Refusal by the department to issue or extend a temporary permit shall not entitle the applicant to petition for the permit pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3 (commencing with Section 24011) shall not apply to temporary permits. |
|---|
| 291 | + | |
|---|
| 292 | + | Notwithstanding any other provision of law, a temporary permit may be canceled or suspended summarily at anytime any time if the department determines that good cause for the cancellation or suspension exists. Chapter 8 (commencing with Section 24300) shall not apply to temporary permits. |
|---|
| 293 | + | |
|---|
| 294 | + | Application for a temporary permit shall be on any form the department shall prescribe. If an application for a temporary permit is withdrawn before issuance or is refused by the department, the fee which accompanied the application shall be refunded in full, and Section 23959 shall not apply. Fees received by the department for issuance of temporary permits shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. |
|---|
| 295 | + | |
|---|
| 296 | + | SEC. 9. Section 24300 of the Business and Professions Code is amended to read:24300. (a) Any hearings held on a protest, accusation, or petition for a license shall be held in the county in which the premises or licensee is located; provided, that hearings before the department itself on reconsideration or under subdivision (c) of Section 11517 of the Government Code may be held at any place in the state where the department is meeting. Except as provided in Section 24203 and in this section, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and in all cases the department shall have all the powers granted therein. The department, in its exclusive discretion, shall consider scheduling the hearing at a time, including evening hours, and at a place convenient to all parties to a proceeding, including those witnesses required to be present, and the public affected.(b) Notwithstanding the provisions of subdivision (a), if a protest is filed against an application for a license and the proposed premises are located within a city, the department may, in its discretion, hold the hearing within that city, unless the protest is filed by the governing body of the city, in which case the department shall hold the hearing within that city.(c) For any hearing held pursuant to this division, the department may delegate the power to hear and decide to an administrative law judge appointed by the director. Any hearing before an administrative law judge shall be pursuant to the procedures, rules, and limitations prescribed in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(d) If the department has not held a hearing pursuant to this division within six months after the filing of a protest against an application for a retail license, the department shall issue the applicant an interim operating permit pursuant to Section 24044.5. In issuing the interim permit, the department may adopt conditions that it determines are reasonable pursuant to its investigation of the license application. |
|---|
| 297 | + | |
|---|
| 298 | + | SEC. 9. Section 24300 of the Business and Professions Code is amended to read: |
|---|
| 299 | + | |
|---|
| 300 | + | ### SEC. 9. |
|---|
| 301 | + | |
|---|
| 302 | + | 24300. (a) Any hearings held on a protest, accusation, or petition for a license shall be held in the county in which the premises or licensee is located; provided, that hearings before the department itself on reconsideration or under subdivision (c) of Section 11517 of the Government Code may be held at any place in the state where the department is meeting. Except as provided in Section 24203 and in this section, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and in all cases the department shall have all the powers granted therein. The department, in its exclusive discretion, shall consider scheduling the hearing at a time, including evening hours, and at a place convenient to all parties to a proceeding, including those witnesses required to be present, and the public affected.(b) Notwithstanding the provisions of subdivision (a), if a protest is filed against an application for a license and the proposed premises are located within a city, the department may, in its discretion, hold the hearing within that city, unless the protest is filed by the governing body of the city, in which case the department shall hold the hearing within that city.(c) For any hearing held pursuant to this division, the department may delegate the power to hear and decide to an administrative law judge appointed by the director. Any hearing before an administrative law judge shall be pursuant to the procedures, rules, and limitations prescribed in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(d) If the department has not held a hearing pursuant to this division within six months after the filing of a protest against an application for a retail license, the department shall issue the applicant an interim operating permit pursuant to Section 24044.5. In issuing the interim permit, the department may adopt conditions that it determines are reasonable pursuant to its investigation of the license application. |
|---|
| 303 | + | |
|---|
| 304 | + | 24300. (a) Any hearings held on a protest, accusation, or petition for a license shall be held in the county in which the premises or licensee is located; provided, that hearings before the department itself on reconsideration or under subdivision (c) of Section 11517 of the Government Code may be held at any place in the state where the department is meeting. Except as provided in Section 24203 and in this section, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and in all cases the department shall have all the powers granted therein. The department, in its exclusive discretion, shall consider scheduling the hearing at a time, including evening hours, and at a place convenient to all parties to a proceeding, including those witnesses required to be present, and the public affected.(b) Notwithstanding the provisions of subdivision (a), if a protest is filed against an application for a license and the proposed premises are located within a city, the department may, in its discretion, hold the hearing within that city, unless the protest is filed by the governing body of the city, in which case the department shall hold the hearing within that city.(c) For any hearing held pursuant to this division, the department may delegate the power to hear and decide to an administrative law judge appointed by the director. Any hearing before an administrative law judge shall be pursuant to the procedures, rules, and limitations prescribed in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(d) If the department has not held a hearing pursuant to this division within six months after the filing of a protest against an application for a retail license, the department shall issue the applicant an interim operating permit pursuant to Section 24044.5. In issuing the interim permit, the department may adopt conditions that it determines are reasonable pursuant to its investigation of the license application. |
|---|
| 305 | + | |
|---|
| 306 | + | 24300. (a) Any hearings held on a protest, accusation, or petition for a license shall be held in the county in which the premises or licensee is located; provided, that hearings before the department itself on reconsideration or under subdivision (c) of Section 11517 of the Government Code may be held at any place in the state where the department is meeting. Except as provided in Section 24203 and in this section, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and in all cases the department shall have all the powers granted therein. The department, in its exclusive discretion, shall consider scheduling the hearing at a time, including evening hours, and at a place convenient to all parties to a proceeding, including those witnesses required to be present, and the public affected.(b) Notwithstanding the provisions of subdivision (a), if a protest is filed against an application for a license and the proposed premises are located within a city, the department may, in its discretion, hold the hearing within that city, unless the protest is filed by the governing body of the city, in which case the department shall hold the hearing within that city.(c) For any hearing held pursuant to this division, the department may delegate the power to hear and decide to an administrative law judge appointed by the director. Any hearing before an administrative law judge shall be pursuant to the procedures, rules, and limitations prescribed in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(d) If the department has not held a hearing pursuant to this division within six months after the filing of a protest against an application for a retail license, the department shall issue the applicant an interim operating permit pursuant to Section 24044.5. In issuing the interim permit, the department may adopt conditions that it determines are reasonable pursuant to its investigation of the license application. |
|---|
| 307 | + | |
|---|
| 308 | + | |
|---|
| 309 | + | |
|---|
| 310 | + | 24300. (a) Any hearings held on a protest, accusation, or petition for a license shall be held in the county in which the premises or licensee is located; provided, that hearings before the department itself on reconsideration or under subdivision (c) of Section 11517 of the Government Code may be held at any place in the state where the department is meeting. Except as provided in Section 24203 and in this section, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and in all cases the department shall have all the powers granted therein. The department, in its exclusive discretion, shall consider scheduling the hearing at a time, including evening hours, and at a place convenient to all parties to a proceeding, including those witnesses required to be present, and the public affected. |
|---|
| 311 | + | |
|---|
| 312 | + | (b) Notwithstanding the provisions of subdivision (a), if a protest is filed against an application for a license and the proposed premises are located within a city, the department may, in its discretion, hold the hearing within that city, unless the protest is filed by the governing body of the city, in which case the department shall hold the hearing within that city. |
|---|
| 313 | + | |
|---|
| 314 | + | (c) For any hearing held pursuant to this division, the department may delegate the power to hear and decide to an administrative law judge appointed by the director. Any hearing before an administrative law judge shall be pursuant to the procedures, rules, and limitations prescribed in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. |
|---|
| 315 | + | |
|---|
| 316 | + | (d) If the department has not held a hearing pursuant to this division within six months after the filing of a protest against an application for a retail license, the department shall issue the applicant an interim operating permit pursuant to Section 24044.5. In issuing the interim permit, the department may adopt conditions that it determines are reasonable pursuant to its investigation of the license application. |
|---|