23815-23827

BUSINESS AND PROFESSIONS CODE
SECTION 23815-23827




23815.  It is hereby determined that the public welfare and morals
require that there be a limitation on the number of premises licensed
for the sale of distilled spirits.



23816.  The number of premises for which an onsale general license
is issued shall be limited to one for each 2,000, or fraction
thereof, inhabitants of the county in which the premises are
situated. No additional onsale general licenses, other than a renewal
or transfer or as permitted by Section 23821, shall be issued in any
county where the number of all premises for which onsale general
licenses are issued is more than one for each 2,000, or fraction
thereof, inhabitants of the county. No onsale general license shall
be issued in lieu of or upon the cancellation or surrender of an
onsale beer and wine license.


23817.  Until July 1, 1963, the number of premises for which an
offsale general license is issued shall be limited to one for each
2,000, or fraction thereof, inhabitants of the county in which the
premises are situated; and no additional offsale general license,
other than a renewal or transfer or as permitted by Section 23821,
shall be issued in any county where the number of premises for which
all offsale general licenses are issued is more than one for each
2,000, or fraction thereof, inhabitants of the county.
   On and after July 1, 1963, the number of premises for which an
offsale general license is issued shall be limited to one for each
2,500, or fraction thereof, inhabitants of the county in which the
premises are situated; and no additional offsale general license,
other than a renewal or transfer or as permitted by Section 23821,
shall be issued in any county where the number of premises for which
all offsale general licenses are issued is more than one for each
2,500, or fraction thereof, inhabitants of the county.




23817.4.  The Legislature finds and declares that the public welfare
and morals require that there be a limitation on the number of
premises licensed for the off sale of beer and wine.



23817.5.  (a) (1) The number of premises for which an off-sale beer
and wine license is issued shall be limited to one for each 2,500, or
fraction thereof, inhabitants of the city or county in which the
premises are situated. No additional off-sale beer and wine license,
other than a renewal or transfer or as permitted by Section 23821,
shall be issued in any city or county where the number of premises
for which all off-sale beer and wine licenses are issued is more than
one for each 2,500, or fraction thereof, inhabitants of the city or
county.
   (2) The number of premises for which an off-sale beer and wine
license is issued in a city and county, in combination with the
number of premises for which an off-sale general license is issued in
a city and county, shall be limited to one for each 1,250, or
fraction thereof, inhabitants of the city and county in which the
premises are situated. No additional off-sale beer and wine license,
other than a renewal or transfer or as permitted by Section 23821,
shall be issued in any city and county where the number of premises
for which all off-sale beer and wine licenses in combination with
off-sale general licenses are issued is more than one for each 1,250,
or fraction thereof, inhabitants of the city and county.
   (b) Notwithstanding subdivision (a), a retail off-sale beer and
wine replacement license shall be issued upon application when all of
the following conditions exist:
   (1) The replacement license is only for use at a premises which
was licensed and operated within the past 90 days.
   (2) The prior licensee abandoned the premises or the original
license is subject to a bankruptcy proceeding and the prior licensee
has no right to operate at that location. For purposes of this
paragraph, "abandoned" means that the prior license has not been
transferred to a new location and the prior licensee is not
exercising dominion or control over the premises. "Abandoned" does
not mean a license which has been voluntarily surrendered pursuant to
department rule.
   (3) The application for a replacement license shall be accompanied
by a fee of one hundred dollars ($100).
   (c) The following limitations shall apply to the issuance of a
replacement license:
   (1) The replacement license shall not be transferred to another
premises.
   (2) All conditions imposed on the original license shall apply to
the replacement license.
   (3) The original license shall be canceled by operation of law
upon the issuance of the replacement license.



23817.7.  (a) Notwithstanding Section 23817.5, the department may
approve an application for an off-sale beer and wine license in areas
covered by Section 23817.5, if the applicant shows that public
convenience or necessity would be served by the issuance, and where
all of the following conditions are found to exist:
   (1) The applicant premises are located in a crime reporting
district that is below that specified pursuant to paragraph (1) of
subdivision (a) of Section 23958.4. In considering an application,
the department may take into account adjacent crime reporting
districts, if the applicant premises are located within 100 feet of
the boundaries of any adjacent district. The department shall use an
average of reported crimes in the crime reporting district in which
the premises are located and reported crimes in any adjacent crime
reporting district, if the total of crimes reported in the adjacent
district or districts is greater than the crime reporting district in
which the premises are located.
   (2) The applicant premises are located in an area that falls below
the concentration level provided in paragraph (3) of subdivision (a)
of Section 23958.4.
   (3) The local governing body of the area in which the applicant
premises are located, or its designated subordinate officer or body,
determines that public convenience or necessity would be served by
the issuance.
   (b) The department may impose reasonable conditions on a licensee
as may be needed in the interest of the public health, safety, and
welfare regarding signing, training for responsible beverage sales
and hours, and mode of sale.



23817.8.  (a) Notwithstanding Section 23817.5, the department may
approve an application for an off-sale beer and wine license by a
licensed beer and wine wholesaler, even though the applicant premises
will be located in an area having an undue concentration of off-sale
beer and wine licenses, as provided in paragraph (3) of subdivision
(a) of Section 23958.4, provided each of the following conditions are
met:
   (1) The off-sale beer and wine license shall be held at the same
location as the beer and wine wholesaler license.
   (2) The off-sale beer and wine license shall be restricted to
sales solicited and accepted by direct mail, telephone, or on-line
computer. The off-sale beer and wine license shall not be used for
operations conducted from a retail store open to the public.
   (b) The department may impose reasonable conditions on a licensee
as may be needed in the interest of the public health, safety, and
welfare regarding signing, training for responsible beverage sales,
hours, and mode of sale.


23817.10.  Whenever it is made to appear to the department by
satisfactory evidence that the population in any city or county has
increased by more than 2,500 or multiples of 2,500 inhabitants or the
population in a city and county has increased by more than 1,250 or
multiples of 1,250 inhabitants since the most recent United States
decennial census and if the total number of off-sale beer and wine
licenses in that city, county, or city and county does not then
exceed the maximum specified in Section 23817.5, the department may
issue additional licenses, not to exceed one off-sale beer and wine
license for each increase of 2,500 inhabitants in the city or county
or for each increase of 1,250 inhabitants in the city and county
since the taking of the census.



23817.9.  For the purposes of Section 23817.5, beginning with the
year 2000, population shall be determined by the most recent United
States decennial census or a single subsequent census between United
States decennial censuses validated by the Population Research Unit
of the Department of Finance five years after a United States
decennial census.



23818.  Population, for the purpose of Sections 23816 and 23817,
shall be determined by the most recent United States decennial or
special census or a subsequent census validated by the Population
Research Unit of the Department of Finance.




23819.  Nothing in this article authorizes the cancellation of any
license which may be outstanding in any county in excess of the
number authorized by the ratio established in this article, nor shall
anything in this article require the issuance of any license in any
county because the number of the licenses does not equal the
authorized ratio.



23820.  The department may make all rules consistent with the
provisions of Section 22 of Article XX of the Constitution, or the
provisions of this division, necessary to carry into effect the
provisions of this article, and to restrict the issuance of alcoholic
beverage licenses, including seasonal licenses, but not including
beer, beer and wine wholesaler's, and winegrower's licenses, to a
number in any county as the department shall determine is in the
interest of public welfare and morals, convenience, or necessity.



23821.  Whenever it is made to appear to the department by
satisfactory evidence that the population in any county has increased
by more than 2,000 or multiples of 2,000 inhabitants since the most
recent United States decennial or special census, and it appears to
the department that by reason thereof the inhabitants of the county
are unjustly and unfairly discriminated against, and if the total
number of on-sale general licenses in such county do not then exceed
the maximum specified in Section 23816, the department, subject to
the limitation contained in Section 24070, may issue not to exceed
one on-sale general license for each increase of 2,000 inhabitants in
the county since the taking of the census.
   Whenever it is made to appear to the department by satisfactory
evidence that the population in any county has increased by more than
2,500 or multiples of 2,500 inhabitants since the most recent United
States decennial or special census and it appears to the department
that by reason thereof the inhabitants of the county are unjustly and
unfairly discriminated against, and if the total number of off-sale
general licenses in such county do not then exceed the maximum
specified in Section 23817, the department, subject to the limitation
contained in Section 24070, may issue not to exceed one off-sale
general license for each increase of 2,500 inhabitants in the county
since the taking of the census.
   Before any applications for new original on-sale general or new
original off-sale general or intercounty transfer of off-sale general
or on-sale general licenses are accepted, the department shall
publish pursuant to Section 6061 of the Government Code in the county
where such new original licenses may be issued or into which
off-sale general or on-sale general licenses may be transferred,
notice of the department's intention to receive applications for the
issuance of such new original licenses or for the intercounty
transfer of off-sale general or on-sale general licenses, setting
forth the date, time, manner and place of acceptance of such
applications within the county. In all other respects the limitation
hereinbefore provided for shall continue in effect.



23824.  Limitations provided by Section 23816 on the number of
licensed premises shall not apply to premises located on land owned
by and leased from the State of California, or to premises owned by
the State of California, any incorporated city, county, city and
county, airport district, or other district or public corporation of
the State of California or to premises leased to the State of
California or to any city or county, so long as the premises are
operated as a bona fide public eating place, provided, however, that
civic auditoriums owned by any incorporated city, county, city and
county, or other district or any premises leased to the State of
California or to any county or city for use as a civic auditorium and
directly operated by a public entity shall be subject to the
limitations provided by Section 23816, but shall not be required to
be operated as a bona fide public eating place. The civic auditorium
shall further not be subject to the provisions of Section 23793.
   Licenses issued on premises owned by the state, incorporated city,
county, city and county, airport district, or other district or
public corporation of the State of California, or issued on premises
leased to the State of California or to any county or city, shall be
renewable as set forth in Section 24048. These licenses shall be
excluded from the number of premises used in determining application
of the limitations provided by this article. These licenses shall be
subject to an original fee of six thousand dollars ($6,000) and shall
be only transferable from person to person at the same premises.
Prior to the issuance of these licenses, the governmental agency
owning or leasing the premises shall file with the department a
written request that the license be issued and a written statement
setting forth the reasons why issuance of the license would be in the
public interest.
   A written request filed with the department by the governmental
agency owning or the city or county leasing premises used as a civic
auditorium and directly operated as a public entity that the license
be issued need not contain a written statement setting forth the
reasons why issuance of the license would be in the public interest.
   Funds derived from fees collected pursuant to the amendments made
to this section at the 1975-76 Regular Session of the Legislature
shall be deposited in the General Fund.




23824.1.  (a) The provisions of Section 23824 shall apply to
convention centers and event centers which are operated by municipal,
independent nonprofit agencies for the purpose of providing meeting
rooms, exhibit space, or event and theatrical seating, or all of
these.
   (b) Any license issued pursuant to this section shall be issued
only upon condition that all revenues generated from the license
shall be segregated and allocated for the operations and capital
requirements of the convention center or event center only.
   (c) For purposes of this section, "event center" means a community
center, activity center, auditorium, convention center, arena, or
other building, collection of buildings, or facility which is used
exclusively or primarily for the holding of exhibitions, conventions,
meetings, spectacles, concerts, or shows.



23825.  As used in this article, "onsale general license" includes a
special onsale general license; provided, that the limitation
prescribed in Section 23816 shall not prohibit the exchange of an
onsale general license for a special onsale general license, or the
exchange of a special onsale general license for an onsale general
license.



23826.  Notwithstanding any other provision of this chapter, in any
county where the inhabitants number less than 2,500 and where on July
1 of any calendar year there exists in any such county none or only
one on-sale general license and none or only one off-sale general
license the department may issue one additional original on-sale
general license and one additional original off-sale general license
during the following 12-month period.
   In issuing the licenses provided for in this section, the
department shall follow the procedure set forth in Section 23961.
   A license issued pursuant to this section shall not be transferred
from one county to another.



23826.2.  No new off-sale beer and wine license shall be issued in a
county of the first class, as specified in Section 28022 of the
Government Code, unless it is issued with conditions, pursuant to
Sections 23800 and 23801, which provide that the sale of products
other than beer and wine on an annual basis, measured by gross
receipts, shall exceed the annual sales of beer and wine products
measured by the same basis.



23826.5.  Notwithstanding any other provision of this chapter, in
any county of the 58th class, the department may issue three
additional original off-sale general licenses.
   In issuing the licenses provided for in this section, the
department shall follow the procedure set forth in Section 23961.
   A license issued pursuant to this section shall not be transferred
from one county to another.


23826.7.  Notwithstanding any other provision of this chapter, in
any county where the inhabitants number less than 5,000 but more than
3,000 according to the 1970 federal census and where the major
economy of that county is dependent upon the year-round use of that
county's recreational facilities the department may issue five
additional new original on-sale general licenses for bona fide public
eating places. Any premises to qualify for a license under this
section shall have a seating capacity for 100 or more diners. In no
event shall more than five such licenses be issued under this
section.
   In issuing the licenses provided for in this section, the
department shall follow the procedure set forth in Section 23961.
   Nothing in this chapter shall prohibit a person who currently
holds a valid on-sale general license for seasonal business from
applying for an original on-sale general license pursuant to this
section.
   A license issued under this section shall not be transferred from
one county to another nor shall it be transferred to any premises not
qualifying under this section.


23826.8.  Notwithstanding any other provision of law, the director
may authorize the conversion of any on-sale general license for
seasonal business to an on-sale general license if the on-sale
general license for seasonal business was originally issued before
May 1, 1982, or if an application for original issuance of that
license was filed before May 1, 1982, or, in the case of any county
of the 34th class, if the on-sale general license for seasonal
business was originally issued before October 1, 1982, or if an
application for original issuance of that license was filed before
October 1, 1982. An application for conversion shall be accompanied
by the fee required by Section 23954.5 for an on-sale general
license. The department shall not accept any applications for
original issuance of an on-sale general license for seasonal business
on or after January 1, 1983.
   An on-sale general license for seasonal business which is
converted to an on-sale general license under this section may not be
transferred for a period of two years from the date of issuance,
except as provided in Section 24071, and except when the department
determines that the transfer is necessary to prevent undue hardship.
The purchase price or consideration that may be paid by a transferee
or received by a transferor of an on-sale general license created by
conversion under this section shall not exceed six thousand dollars
($6,000), except that after a period of five years from the date of
issuance of the license there shall be no restriction as to the
purchase price or consideration that may be paid by a transferee or
received by a transferor.



23826.9.  (a) Notwithstanding any other provision of this chapter,
in any county of the 56th class, the department may issue 10
additional new original on-sale general licenses for bona fide public
eating places. Any premises to qualify for a license under this
section shall have a seating capacity for 50 or more diners. In no
event shall more than 10 on-sale general licenses for bona fide
eating places be issued under this section.
   (b) In issuing the licenses provided for in this section, the
department shall follow the procedure set forth in Section 23961.
   (c) Nothing in this chapter shall prohibit a person who currently
holds a valid on-sale general license for seasonal business from
applying for an original on-sale general license pursuant to this
section.
   (d) A license issued under this section shall not be transferred
from one county to another nor shall it be transferred to any
premises not qualifying under this section.



23826.10.  (a) Notwithstanding any other provision of this chapter,
in any county of the 29th class, commencing January 1, 2009, the
department may issue five additional new original on-sale general
licenses for bona fide public eating places per year, for a period of
three years. Any premises to qualify for a license under this
section shall have a seating capacity for 50 or more diners. In no
event shall more than 15 on-sale general licenses for bona fide
eating places be issued under this section.
   (b) In issuing the licenses provided for in this section, the
department shall follow the procedure set forth in Section 23961.
   (c) Nothing in this chapter shall prohibit a person who currently
holds a valid on-sale general license for seasonal business from
applying for an original on-sale general license pursuant to this
section.
   (d) A license issued under this section shall not be transferred
from one county to another nor shall it be transferred to any
premises not qualifying under this section.



23827.  Notwithstanding any other provision of this chapter, in any
county where the inhabitants number less than 7,000 and where the
major economy of that county is dependent upon the continual use of
that county's recreational facilities the department may issue four
additional new original on-sale general licenses for bona fide public
eating places. Any premises to qualify for a license under this
section shall have a seating capacity for 100 or more diners. In no
event shall more than four such licenses be issued under this
section.
   In issuing the licenses provided for in this section, the
department shall follow the procedure set forth in Section 23961.
   A license issued pursuant to this section shall not be transferred
from one county to another.