Hearings - - CA Business And Professions

Section § 24300

This law section explains how hearings related to licenses can be conducted, including the use of electronic means. Hearings can happen in person or via electronic communication. In-person hearings should occur in the same county as the licensed premises, while electronic hearings can take place from any location. Parties can object to electronic hearings and request them to be held in person if they provide a good reason. The department has the flexibility to schedule hearings at times and venues that are convenient for everyone involved. An administrative law judge may be appointed to conduct the hearings, following specific procedural rules.

(a) Notwithstanding subdivision (b) of Section 11440.30 of the Government Code, hearings held on a protest, accusation, or petition for a license may be conducted, in whole or in part, by electronic means.

(b) Any hearing that is conducted in person shall be held in the county in which the licensed premises or the licensee is located. If any part of the hearing is conducted by electronic means, the location of the hearing may be any place from which the department or any of the parties participates in the hearing. A hearing 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.

(c) 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, including all or any portion of a hearing conducted by electronic means, 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.

(d) If a hearing or any part of a hearing is noticed to be conducted by electronic means, any party may file a written motion to object to the electronic hearing and to request that the hearing, or portion of the hearing, to be conducted by electronic means be held in person and without the use of electronic communication. That motion shall include a proposed county for the location of the hearing and shall establish good cause as to why an electronic hearing, in whole or in part, would be inappropriate. A motion requesting an in-person hearing shall be made to the presiding officer in the same manner as a continuance request pursuant to Section 11524 of the Government Code.

(e) 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.

electronic hearings in-person hearings licensed premises hearing location objection to electronic hearing good cause administrative law judge hearing scheduling electronic communication county location protest hearings license proceedings petition evening hours convenience of parties

(Amended by Stats. 2022, Ch. 136, Sec. 4. (SB 1011) Effective January 1, 2023.)

Section § 24301

In California, the department is not allowed to make video recordings of hearings, and such recordings cannot be used as evidence in appeals related to alcoholic beverage control.

The department shall not create a record by videographic recording. Videographic recording of a hearing shall be inadmissible in any proceeding before the Alcoholic Beverage Control Appeals Board or in any proceeding taken under Section 23090.

video recording prohibition hearing video inadmissible Alcoholic Beverage Control appeals videographic evidence appeals process hearing recording restrictions Section 23090 evidence inadmissibility department hearings appeals board rules

(Added by Stats. 2017, Ch. 209, Sec. 1. (AB 1285) Effective January 1, 2018.)

Section § 24310

If you're requesting a transcript for a case appealing to the Alcoholic Beverage Control Appeals Board, you need to pay for it according to a specific cost set by another law, but any extra costs will be covered by the Appeals Fund. If you paid extra for a transcript in 1983 or 1984, you could get a refund for the overpayment if the Appeals Board hasn't finished with your case yet.

(a) Any person requesting a transcript from the department in a case on appeal to the Alcoholic Beverage Control Appeals Board, shall pay the transcript cost specified in Section 69950 of the Government Code. Any actual cost in excess thereof shall be paid by the Appeals Board from the Alcoholic Beverage Control Appeals Fund.

(b) A party in a case on appeal to the Appeals Board who, in 1983 or 1984, has paid that portion of the transcript fee in excess of the fee specified in Section 69950 of the Government Code shall be refunded that excess by payment from the Alcoholic Beverage Control Appeals Fund, providing the Appeals Board has not issued a dismissal or other final decision in the case on appeal.

transcript cost Alcoholic Beverage Control Appeals Board appeal case transcript fee refund Appeals Fund Section 69950 excess transcript fee 1983 reimbursement 1984 reimbursement

(Repealed and added by Stats. 1984, Ch. 273, Sec. 3. Effective July 3, 1984.)

Section § 24400

This law allows multiple retail businesses of the same kind to buy distilled spirits and wine together from a wholesaler or rectifier, but there are specific rules for doing so. These businesses need a designated agent who holds a similar license and operates in the same geographic area. Each retailer can have only one agent, and each agent can work with just one buying group. Purchases must be delivered to a single place within two business days, and records must be kept properly. Retailers in the group receive their orders once the delivery is made. If a member doesn't pay within 30 days, they can be expelled from the group until their debts are cleared.

Notwithstanding any other provision of law, two or more retail licensees of the same type may agree to group purchase distilled spirits and wine from a licensed wholesaler or rectifier through a designated agent, subject to the following restrictions:

(a) The designated agent shall hold a retail license of the same type operating a premises in the same county or counties as the purchasing group.

(b) No retailer shall have more than one designated agent nor shall an agent make purchases for more than one group.

(c) The merchandise purchased for each group shall be delivered to and stored in either a single licensed premises or a single warehouse located in the same county as the premises of the purchasing group and such delivery shall be a single delivery within two consecutive business days at the discount in effect on the day the delivery was commenced. Saturday, Sunday, and holidays shall not be deemed business days.

(d) A record of purchase shall be made by the agent on a master purchase order. Each purchasing retailer shall furnish the designated agent with a signed order setting forth such licensee’s purchase, to be attached to and become a part of the master order. Master and individual orders shall be maintained in compliance with Section 25752 and fiscal liability shall extend in so far as the amount of the purchase designated and delivered for each individual retailer of the purchasing group is subject to the provisions of Section 25509.

(e) The merchandise shall be deemed to have been received by each retailer member of the purchasing group when delivered to the designated premises.

(f) When a group buying member has not made payment in full by the expiration of the 30th day from date of delivery or has not paid the one percent charge at the expiration of the 30th day from the date the charge became due, such group buying member shall be expelled from the buying group and prohibited from rejoining that group or joining any other such group until such time that all payments have been received for the merchandise sold and delivered to such retailer more than 30 days previously.

group purchase designated agent retail licensees distilled spirits wine wholesaler retailers single delivery purchase records fiscal liability group buying member payment deadline expulsion buying groups master purchase order single licensed premises

(Amended by Stats. 1980, Ch. 1194, Sec. 7.)