Section § 23815

Explanation

This law states that for the good of the community and maintaining moral standards, there should be a cap on how many places are allowed to sell distilled spirits.

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.

Section § 23816

Explanation

This law limits the number of general licenses for selling alcohol on premises, like bars or restaurants, to one license for every 2,000 people in a county. New licenses beyond this limit cannot be issued unless it's a renewal, transfer, or allowed by another specific provision. Additionally, you can't get a general license by giving up a beer and wine license.

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.

Section § 23817

Explanation

This law discusses the rules for issuing offsite general licenses, which typically allow businesses to sell alcohol to go. Before July 1, 1963, there could only be one license for every 2,000 people in a county. After that date, the limit was changed to one license for every 2,500 people. The law does allow for the renewal or transfer of existing licenses and some exceptions as stated in another section.

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.

Section § 23817.4

Explanation
This law states that to protect community standards and ethics, there should be a cap on the number of places allowed to sell beer and wine for people to take away.
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.

Section § 23817.5

Explanation

This law sets limits on how many off-sale beer and wine licenses can be issued in a city or county, based on population. Generally, there can only be one license per 2,500 people, and in a combined city and county area, one license per 1,250 people. Some exceptions exist for renewals or transfers. Additionally, a new type of 'replacement license' can be issued if an existing licensee faces bankruptcy and can't operate, but this is only if the original license is not being transferred or has not been canceled. The replacement comes with fees and carries over all conditions of the previous license. Once a replacement license is granted, the old license is automatically canceled, and the replacement cannot be moved to a different location.

(a)Copy CA Business & Professions Code § 23817.5(a)
(1)Copy CA Business & Professions Code § 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)CA Business & Professions Code § 23817.5(a)(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)Copy CA Business & Professions Code § 23817.5(b)
(1)Copy CA Business & Professions Code § 23817.5(b)(1) Notwithstanding subdivision (a), a retail off-sale beer and wine replacement license may be issued at a premises that was operated under an existing off-sale beer and wine license no less than 90 days prior to the date of application for the replacement license, provided that the existing licensee is subject to a bankruptcy proceeding and the existing licensee has no right to operate at the premises, or has abandoned the premises of that license.
(2)CA Business & Professions Code § 23817.5(b)(2) A replacement license shall not be issued if the existing license has been, or is in the process of being, transferred, or if the existing license has been canceled by the licensee or surrendered by the licensee pursuant to department rule.
(3)CA Business & Professions Code § 23817.5(b)(3) An application for a replacement license shall be accompanied by a fee equivalent to the application fee for a retail package off-sale beer and wine license and all conditions imposed upon the existing off-sale beer and wine license at the premises shall be imposed upon the replacement license.
(4)CA Business & Professions Code § 23817.5(b)(4) Upon issuance of the replacement license, the off-sale beer and wine license existing at the premises shall be canceled by operation of law. A replacement license shall not be transferred to another premises.

Section § 23817.7

Explanation

This law allows an application for a beer and wine sales license in areas where such licenses are usually restricted, if issuing the license serves the public's convenience or necessity. To approve the license, the location must be in a low-crime area and not exceed certain business concentration levels. The local government must agree that the license is beneficial. Additionally, the department can set conditions for the license to protect public health and safety, like rules on signage and sales training.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 23817.7(a)(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)CA Business & Professions Code § 23817.7(a)(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)CA Business & Professions Code § 23817.7(a)(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)CA Business & Professions Code § 23817.7(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.

Section § 23817.8

Explanation

This law allows licensed beer and wine wholesalers to apply for an additional permit to sell beer and wine directly to customers, even in areas with too many such licenses already. However, the sales must not happen in a public store but are limited to orders via mail, phone, or online. The department can set rules for the license, such as how sales occur, signing, and hours, to protect public health and safety.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 23817.8(a)(1) The off-sale beer and wine license shall be held at the same location as the beer and wine wholesaler license.
(2)CA Business & Professions Code § 23817.8(a)(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)CA Business & Professions Code § 23817.8(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.

Section § 23817.9

Explanation

This law specifies that starting from the year 2000, population numbers used for certain purposes must come from the latest official U.S. census taken every ten years, or from another verified census conducted between these ten-year periods. The verification must be done by the Demographic Research Unit of the Department of Finance five years after a ten-year census.

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 Demographic Research Unit of the Department of Finance five years after a United States decennial census.

Section § 23817.10

Explanation

This law says that if a city or county's population grows by at least 2,500 people, or 1,250 if it's a city and county combined, since the last U.S. census, the authorities can issue more licenses to sell beer and wine for drinking outside a venue. However, they can only do this if the total number of such licenses doesn't already reach the limit set by another rule.

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.

Section § 23818

Explanation

This law explains how population numbers should be counted when applying Sections 23816 and 23817. It says that the count should come from the latest United States census, whether it's a big one every ten years or a special one at another time, as long as it's confirmed by California's Demographic Research Unit.

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 Demographic Research Unit of the Department of Finance.

Section § 23819

Explanation

This law section means that if a county has more licenses than a set number allowed, it doesn't have the power to cancel them automatically. Also, just because the number of licenses in a county is below a certain amount, it doesn't mean they are required to issue more.

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.

Section § 23820

Explanation

This law gives the department the power to create rules that help enforce parts of the Constitution and this division. Specifically, they can limit how many alcoholic beverage licenses are issued in a county, such as those for certain businesses. However, this limit doesn't apply to licenses for beer, beer and wine wholesalers, or winegrowers. The goal is to make sure this aligns with public welfare, morals, convenience, or necessity.

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.

Section § 23821

Explanation

This law talks about issuing new alcohol licenses in California counties when the population increases. If a county's population has grown significantly since the last census, the department can give out more licenses to sell alcohol, but only if it's fair and within certain limits. If there are more people by 2,000, the department may issue an additional on-sale license for bars or restaurants. If there's an increase by 2,500, a new off-sale license can be issued for stores selling alcohol. Before they do this, they have to announce it and explain how to apply.

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.

Section § 23824

Explanation

This law states that restrictions on the number of alcohol licenses don't apply to places on land owned or leased by the State of California or a local government, as long as they operate as real public eating places, except for civic auditoriums. Civic auditoriums owned or leased by the government are subject to these restrictions but don't need to operate as eating places. There are special rules for licenses at the Riverside County Fairgrounds, which don't have to meet certain requirements but must always offer food service whenever alcohol is being served. Licenses for these public premises can be renewed and moved from one person to another at the same location, and the government need not justify the public interest when getting a license for civic auditoriums.

(a)Copy CA Business & Professions Code § 23824(a)
(1)Copy CA Business & Professions Code § 23824(a)(1) 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.
(2)CA Business & Professions Code § 23824(a)(2) An on-sale general bona fide eating place license issued pursuant to paragraph (1) for premises located on land owned by the County of Riverside and operated as the Riverside County Fairgrounds shall not be required to comply with Section 23038, except that food service shall be available to the public at all times during which the privileges of the license are being exercised.
(b)CA Business & Professions Code § 23824(b) 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 only be 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.
(c)CA Business & Professions Code § 23824(c) 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.

Section § 23824.1

Explanation

This law applies to convention and event centers run by a city or nonprofit group to offer spaces for meetings, exhibitions, or shows. Any license given to these centers must ensure that all money made from it goes directly back to maintain or improve the center itself. An 'event center' is broadly defined as any facility used mainly for events like concerts, conventions, or shows.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 23824.1(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)CA Business & Professions Code § 23824.1(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.

Section § 23825

Explanation

This law explains that a general alcohol license that allows businesses to sell alcohol for consumption on their premises includes a special type of this license. You can exchange a regular general license for a special one and vice versa. The limitations in another section don't stop these exchanges.

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.

Section § 23826

Explanation

In areas of California with fewer than 2,500 residents and only one or no existing licenses for selling alcohol on-site (like a restaurant) or off-site (like a store), the authorities can grant one extra license for each type the next year. However, these licenses can't be moved to another county.

The process for issuing these licenses follows specific rules outlined elsewhere, ensuring fairness and consistency.

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.

Section § 23826.2

Explanation

This law states that in a first-class county, new licenses to sell beer and wine for off-site consumption can only be granted if the business sells more non-alcoholic products than beer and wine each year.

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.

Section § 23826.5

Explanation

This law allows for the issuing of three new licenses to sell alcohol for consumption off the premises in a specific county. These licenses follow a set process but cannot be moved to a different county once issued.

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.

Section § 23826.7

Explanation

This law allows for up to five new on-sale general liquor licenses to be issued in certain small counties in California, specifically those with populations between 3,000 and 5,000 based on the 1970 census and with economies reliant on year-round recreational facilities. These licenses are specifically for restaurants that can seat at least 100 diners. Existing seasonal liquor license holders can also apply for these new licenses. However, these licenses cannot be transferred to different counties or to locations that don't meet the criteria.

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.

Section § 23826.8

Explanation

This law allows certain seasonal on-sale general licenses for selling alcohol to be converted to regular on-sale general licenses. The licenses must have been issued or applied for before specific dates in 1982, depending on the county. The conversion process requires a fee, and the department no longer accepts new applications for seasonal licenses as of January 1, 1983. Once converted, these licenses cannot be transferred for two years unless there's a special condition, and the price is capped at $6,000 for five years after being issued, after which there are no price restrictions.

(a)CA Business & Professions Code § 23826.8(a)  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 for the on-sale general licenses specified in subparagraph (B) of paragraph (2) of subdivision (a) of Section 23320. 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.
(b)CA Business & Professions Code § 23826.8(b) 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.

Section § 23826.9

Explanation

This law allows for up to 10 new general alcohol licenses to be issued to restaurants in a specific county in California. These restaurants must have seating for at least 50 diners. When granting these licenses, a specific process must be followed. Current seasonal alcohol license holders can also apply for these new licenses. However, these licenses cannot be moved to a different county or to a different type of business.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 23826.9(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.
(c)CA Business & Professions Code § 23826.9(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)CA Business & Professions Code § 23826.9(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.

Section § 23826.10

Explanation

This law allows for the issuance of additional on-sale general licenses for public eating places in certain counties, starting from designated years. These licenses are given in phases: initially five each year for three years, then additional batches over the subsequent years. The premises must host a minimum number of diners—either 25 or 50, depending on the year and batch of licenses. There's a cap on the total number of licenses issued per phase. Licenses cannot be moved to another county or premises that don't meet the criteria. After 2021, these special licenses cannot be sold for more than their initial fee, although existing seasonal license holders can apply for them. The department must adhere to existing procedures when issuing these licenses.

(a)Copy CA Business & Professions Code § 23826.10(a)
(1)Copy CA Business & Professions Code § 23826.10(a)(1) 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 paragraph 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 paragraph.
(2)CA Business & Professions Code § 23826.10(a)(2) Notwithstanding any other provision of this chapter, in any county of the 29th class, the department, in addition to those licenses issued pursuant to paragraph (1), may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places from January 1, 2017, to December 31, 2017, inclusive. Any premises to qualify for a license under this paragraph shall have a seating capacity for 25 or more diners.
(3)CA Business & Professions Code § 23826.10(a)(3) Notwithstanding any other provision of this chapter, in any county of the 29th class, commencing January 1, 2018, in addition to those licenses issued pursuant to paragraphs (1) and (2), the department may issue five additional new original on-sale general licenses for bona fide public eating places per year, for a period of four years. Any premises to qualify for a license under this paragraph shall have a seating capacity for 25 or more diners. In no event shall more than 20 on-sale general licenses for bona fide eating places be issued under this paragraph.
(4)CA Business & Professions Code § 23826.10(a)(4) Notwithstanding any other provision of this chapter, in any county of the 29th class, commencing January 1, 2021, in addition to those licenses issued pursuant to paragraphs (1) to (3), inclusive, the department may issue 10 additional new original on-sale general licenses for bona fide public eating places per year, for a period of five years. Any premises to qualify for a license under this paragraph shall have a seating capacity for 25 or more diners.
(b)CA Business & Professions Code § 23826.10(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.
(c)CA Business & Professions Code § 23826.10(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)Copy CA Business & Professions Code § 23826.10(d)
(1)Copy CA Business & Professions Code § 23826.10(d)(1) 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.
(2)CA Business & Professions Code § 23826.10(d)(2) A license issued under paragraph (3) or paragraph (4) of subdivision (a) on and after January 1, 2021, shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.
(e)CA Business & Professions Code § 23826.10(e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section.

Section § 23826.11

Explanation
This law allowed the Department to issue up to five new licenses each year until 2016 for restaurants in a specific California county. These licenses are for serving alcohol at restaurants with at least 50 seats. In total, only 15 licenses could be given out. Existing license holders for seasonal businesses could also apply. Licenses can't be transferred to another county or to a restaurant that doesn't meet the 50-seat requirement.
(a)CA Business & Professions Code § 23826.11(a) Notwithstanding any other provision of this chapter, in any county of the 18th class the department may issue five additional new original on-sale general licenses for bona fide public eating places per year, until January 1, 2016. To qualify for a license under this section the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners. Not more than a total of 15 on-sale general licenses shall be issued under this section.
(b)CA Business & Professions Code § 23826.11(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.
(c)CA Business & Professions Code § 23826.11(c) This chapter does not 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)CA Business & Professions Code § 23826.11(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.

Section § 23826.12

Explanation

This law allows a specific California county to issue up to five new liquor licenses for restaurants with seating for 50 or more people between 2014 and 2016. These licenses let restaurants sell alcohol to customers who are dining in. When issuing these licenses, officials must follow a specific process described in another section. People who already have a special seasonal liquor license can still apply for these new licenses. However, a license obtained this way can't be moved to another county or to a restaurant that doesn't meet the seating requirement.

(a)CA Business & Professions Code § 23826.12(a) Notwithstanding any other provision of this chapter, in any county of the 24th class, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places from January 1, 2014, to December 31, 2016, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners.
(b)CA Business & Professions Code § 23826.12(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.
(c)CA Business & Professions Code § 23826.12(c) This chapter does not 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)CA Business & Professions Code § 23826.12(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.

Section § 23826.13

Explanation

This law allows the issuing of special liquor licenses in certain areas of San Francisco, with specific limits on how many can be issued in each area per year. The total number of these special licenses is capped at 40. These licenses are for businesses in specified census tracts and come with restrictions such as non-transferability outside the designated neighborhood and cancellation if existing licenses are not relinquished. The licenses primarily support small, neighborhood-focused businesses, safeguarding against excessive concentration of alcohol-related businesses. Beginning in 2025, businesses holding these licenses may apply for off-sale privileges, subject to departmental approval and conditions.

(a)CA Business & Professions Code § 23826.13(a) Notwithstanding this chapter, in any county of the sixth class, the department may issue no more than a total of five new original neighborhood-restricted special on-sale general licenses to premises located in any of the census tracts listed in subdivision (b) per year beginning on January 1, 2017, until a total of 40 new licenses authorized by this section are issued.
(b)CA Business & Professions Code § 23826.13(b) To qualify for a license issued pursuant to this section, the premises for which the license would apply shall be located within one of the following United States Bureau of Census census tracts, corresponding to those identified within the 2020 Census, located within the City and County of San Francisco, subject to the following limitations:
(1)CA Business & Professions Code § 23826.13(b)(1) United States Bureau of the Census census tract 612000, 232000, 234000, 233000, or 230030. No more than a total of 10 neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts.
(2)CA Business & Professions Code § 23826.13(b)(2) United States Bureau of the Census census tract 258000 or 257020. No more than a total of four neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts.
(3)CA Business & Professions Code § 23826.13(b)(3) United States Bureau of the Census census tract 264030. No more than a total of two neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within this tract.
(4)CA Business & Professions Code § 23826.13(b)(4) United States Bureau of the Census census tract 255010, 255020, 256000, 260020, 260010, 260040, 261000, or 263010. No more than a total of 10 neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts.
(5)CA Business & Professions Code § 23826.13(b)(5) United States Bureau of the Census census tract 309000, 310000, or 312010. No more than a total of four neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts.
(6)CA Business & Professions Code § 23826.13(b)(6) United States Bureau of the Census census tract 330010, 330020, 329010, 328010, 353000, or 354000. No more than a total of five neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts.
(7)CA Business & Professions Code § 23826.13(b)(7) United States Bureau of the Census census tract 328020, 329020, 351010, 351020, 352010, or 352020. No more than a total of five neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts.
(c)CA Business & Professions Code § 23826.13(c) In issuing the licenses pursuant to this section, the department shall follow the procedure set forth in Section 23961. A license shall not be issued pursuant to this section to an applicant until any existing on-sale licenses issued to the applicant for the same premises are canceled.
(d)Copy CA Business & Professions Code § 23826.13(d)
(1)Copy CA Business & Professions Code § 23826.13(d)(1) A person who currently holds an on-sale general license for a premises, who currently holds any interest in an on-sale general license for a premises, who has held an on-sale general license for a premises within the 12 months before the date of the drawing required by Section 23961, or who has held any interest in an on-sale general license for a premises within the 12 months before the date of the drawing required by Section 23961, shall not apply for a license issued pursuant to this section for that licensed premises.
(2)CA Business & Professions Code § 23826.13(d)(2) In addition to the other requirements of this section, an application for a neighborhood-restricted on-sale general license shall be subject to all the requirements that apply to an on-sale general license for a bona fide eating place.
(e)Copy CA Business & Professions Code § 23826.13(e)
(1)Copy CA Business & Professions Code § 23826.13(e)(1) A license issued pursuant to this section shall not be transferred between counties.
(2)CA Business & Professions Code § 23826.13(e)(2) Except as provided in paragraphs (3) and (4), a license issued pursuant to this section shall not be transferred to any other premises.
(3)CA Business & Professions Code § 23826.13(e)(3) Paragraph (2) shall not apply to any licensee whose premises have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee, for whom the provisions of Section 24081 shall apply.
(4)CA Business & Professions Code § 23826.13(e)(4) The department may allow a license issued pursuant to this section to be transferred within the same neighborhood, as described in paragraphs (1) to (7), inclusive, of subdivision (b).
(5)CA Business & Professions Code § 23826.13(e)(5) A license issued pursuant to this section shall not be transferred to any person, partnership, limited partnership, limited liability company, or corporation. This provision shall not apply to licenses transferred under Section 24071, 24071.1, or 24071.2.
(f)CA Business & Professions Code § 23826.13(f) Following the cancellation or revocation of a license issued pursuant to this section, the department may issue one additional new original neighborhood-restricted special on-sale general license following the procedure set forth in Section 23961 and the provisions of this section.
(g)CA Business & Professions Code § 23826.13(g) A person that holds a neighborhood-restricted special on-sale general license issued pursuant to this section shall not exchange that license for an on-sale license for public premises.
(h)CA Business & Professions Code § 23826.13(h) Except as specified herein, a neighborhood-restricted special on-sale general license may exercise all of the privileges, and is subject to all the restrictions, of an on-sale general license for a bona fide eating place.
(i)Copy CA Business & Professions Code § 23826.13(i)
(1)Copy CA Business & Professions Code § 23826.13(i)(1) Commencing January 1, 2025, subject to paragraph (2), a licensee may exercise off-sale privileges pursuant to Sections 23401 and 23401.5. This section does not limit the authority of the department to impose conditions on a license pursuant to Article 1.5 (commencing with Section 23800).
(2)CA Business & Professions Code § 23826.13(i)(2) The holder of a neighborhood restricted special on-sale general license issued before January 1, 2025, shall not exercise off-sale privileges pursuant to Section 23401 and 23401.5 unless the department approves a petition submitted by the licensee requesting to exercise off-sale privileges. If the department determines that good cause exists to deny the petition, in whole or in part, the department shall endorse the prohibition or other restriction as a condition on the license, which is subject to Article 1.5 (commencing with Section 23800). The licensee may make a written request for hearing on the denial of a petition in the same manner as provided in Section 23805.
(j)CA Business & Professions Code § 23826.13(j) The department shall adopt rules and regulations to enforce this section.

Section § 23826.14

Explanation

This section allows for up to five new on-sale general alcohol licenses to be issued in Inyo County from 2017 to 2019 for places like restaurants that seat 50 or more people. The application process for these licenses follows a specific procedure, and existing seasonal license holders can apply for these new licenses. Importantly, these licenses can't be moved to other counties or non-qualifying locations.

(a)CA Business & Professions Code § 23826.14(a) Notwithstanding any other provision of this chapter, in the County of Inyo, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places, public premises, or both from January 1, 2017, to December 31, 2019, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners.
(b)CA Business & Professions Code § 23826.14(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.
(c)CA Business & Professions Code § 23826.14(c) This chapter does not prohibit a person that 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)CA Business & Professions Code § 23826.14(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.

Section § 23826.15

Explanation

This law allows up to 10 new alcohol licenses to be issued in Mariposa County for real restaurants that seat at least 50 people. Each year, the Mariposa County Board of Supervisors can decide if they want to limit the number of licenses to no more than five, but they must make this decision by July 1. If they don't decide, any leftover licenses may still be issued. Current seasonal license holders can apply for these new licenses too. Licenses can't be moved between counties or sold for more than the original fee. The licenses may also be given a 'special use' designation, but this won't change their rules or benefits.

(a)CA Business & Professions Code § 23826.15(a) Notwithstanding any other provision of this chapter, in the County of Mariposa, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners.
(b)CA Business & Professions Code § 23826.15(b) The Board of Supervisors of the County of Mariposa, by resolution, may specify the maximum number of licenses to be issued under this section in any year, not to exceed five. Such a resolution shall be effective for one year and shall be adopted and submitted to the department no later than July 1 of the year to which the resolution applies. The department shall not issue more than five licenses under this section per year. In the event that the board of supervisors fails to submit a resolution under this subdivision by July 1 of any year, the department may issue any licenses that have not been issued under this section during that year.
(c)CA Business & Professions Code § 23826.15(c) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.
(d)CA Business & Professions Code § 23826.15(d) This chapter does not prohibit a person that currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section.
(e)Copy CA Business & Professions Code § 23826.15(e)
(1)Copy CA Business & Professions Code § 23826.15(e)(1) 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.
(2)CA Business & Professions Code § 23826.15(e)(2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.
(f)CA Business & Professions Code § 23826.15(f) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section.

Section § 23826.16

Explanation

This law allows up to 10 new on-sale general licenses specifically for restaurants in El Dorado County but no more than four can be issued each year. The process for issuing these licenses must follow certain rules. If you already have a seasonal business license, you can still apply for one of these new licenses. However, the license can't be transferred to a different county or sold for more than the original price. The department may give these licenses a special designation without changing their rules.

(a)CA Business & Professions Code § 23826.16(a) Notwithstanding any other provision of this chapter, in the County of El Dorado, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. The department shall not issue more than four licenses under this section per year.
(b)CA Business & Professions Code § 23826.16(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.
(c)CA Business & Professions Code § 23826.16(c) This chapter does not prohibit a person that 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)Copy CA Business & Professions Code § 23826.16(d)
(1)Copy CA Business & Professions Code § 23826.16(d)(1) 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.
(2)CA Business & Professions Code § 23826.16(d)(2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.
(e)CA Business & Professions Code § 23826.16(e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section.

Section § 23826.17

Explanation

This law allows for up to 10 new on-sale general alcohol licenses for legitimate restaurants in Shasta County, California. Only four of these licenses can be issued each year, and they follow specific rules outlined in another section. Current seasonal license holders can apply for these new licenses. However, licenses can't be moved to another county or sold for more than the original price. They may be designated for special use but won't have different rights or limits than stated here.

(a)CA Business & Professions Code § 23826.17(a) Notwithstanding any other provision of this chapter, in the County of Shasta, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. The department shall not issue more than four licenses under this section per year.
(b)CA Business & Professions Code § 23826.17(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.
(c)CA Business & Professions Code § 23826.17(c) This chapter does not prohibit a person that 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)Copy CA Business & Professions Code § 23826.17(d)
(1)Copy CA Business & Professions Code § 23826.17(d)(1) 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.
(2)CA Business & Professions Code § 23826.17(d)(2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.
(e)CA Business & Professions Code § 23826.17(e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section.

Section § 23826.18

Explanation

In Nevada County, California, up to 10 new licenses can be granted each year to restaurants allowing them to sell alcohol, but no more than four of these licenses can be issued in one year. Existing seasonal license holders can apply for these new licenses. These licenses must remain within Nevada County and cannot be sold for more than their original cost. The law ensures that any special use designation of these licenses won't change existing rules about what the license allows.

(a)CA Business & Professions Code § 23826.18(a) Notwithstanding any other provision of this chapter, in the County of Nevada, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. The department shall not issue more than four licenses under this section per year.
(b)CA Business & Professions Code § 23826.18(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.
(c)CA Business & Professions Code § 23826.18(c) This chapter does not prohibit a person that 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)Copy CA Business & Professions Code § 23826.18(d)
(1)Copy CA Business & Professions Code § 23826.18(d)(1) 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.
(2)CA Business & Professions Code § 23826.18(d)(2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.
(e)CA Business & Professions Code § 23826.18(e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section.

Section § 23826.19

Explanation
In Placer County, up to 10 new licenses can be given for serving alcohol in real restaurants, with a limit of 4 licenses a year. These licenses follow specific rules and can't be transferred outside the county or sold for more than the original price. Current seasonal license holders can apply for these new licenses. The licenses are for special use but retain the same rules and privileges.
(a)CA Business & Professions Code § 23826.19(a) Notwithstanding any other provision of this chapter, in the County of Placer, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. The department shall not issue more than four licenses under this section per year.
(b)CA Business & Professions Code § 23826.19(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.
(c)CA Business & Professions Code § 23826.19(c) This chapter does not prohibit a person that 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)Copy CA Business & Professions Code § 23826.19(d)
(1)Copy CA Business & Professions Code § 23826.19(d)(1) 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.
(2)CA Business & Professions Code § 23826.19(d)(2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.
(e)CA Business & Professions Code § 23826.19(e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section.

Section § 23826.20

Explanation

This section of the Business and Professions Code allows the issuance of up to 10 additional on-sale general licenses for restaurants in El Dorado and Placer Counties. These licenses are meant for restaurants located in large retail centers, with some specific space requirements. No more than four licenses can be given out in each county in the first year. A city or county can limit even more the number of licenses if it wants. Licenses cannot be transferred between counties or sold for more than what the original owner paid. These licenses are specific to qualifying retail centers and aim to support dining establishments within large shopping spaces.

(a)CA Business & Professions Code § 23826.20(a) For purposes of this section, “retail center” means a multitenant shopping center that contains at least 300,000 square feet of retail shopping space open to the public.
(b)Copy CA Business & Professions Code § 23826.20(b)
(1)Copy CA Business & Professions Code § 23826.20(b)(1) Notwithstanding any other provision of this chapter, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places in the County of El Dorado, and a total of 10 additional new original on-sale general licenses for bona fide public eating places in the County of Placer.
(A)CA Business & Professions Code § 23826.20(b)(1)(A) The department shall not issue more than four licenses under this section, per county, in the first year after this section takes effect.
(B)CA Business & Professions Code § 23826.20(b)(1)(B) To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall be located in a retail center. The department shall issue at least three of the licenses authorized by this section, per county, for a premises located in a retail center that contains at least 1,000,000 square feet of retail shopping space open to the public.
(C)CA Business & Professions Code § 23826.20(b)(1)(C) A licensee that holds an on-sale general license for a bona fide public eating place that is in a retail center shall not be eligible to apply for a license under this section for the same licensed premises.
(2)CA Business & Professions Code § 23826.20(b)(2) A county board of supervisors may submit a resolution to the department by July 1 of any year in which licenses authorized by this section have not been issued that further restricts the maximum number of licenses that may be issued in that county pursuant to paragraph (1). If the county board of supervisors does not submit a resolution, the department may issue any licenses that have not been issued.
(c)CA Business & Professions Code § 23826.20(c) In issuing any license pursuant to this section, the department shall follow the procedure set forth in Section 23961.
(d)CA Business & Professions Code § 23826.20(d) This chapter does not prohibit a person that currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section.
(e)Copy CA Business & Professions Code § 23826.20(e)
(1)Copy CA Business & Professions Code § 23826.20(e)(1) 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.
(2)CA Business & Professions Code § 23826.20(e)(2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.
(f)CA Business & Professions Code § 23826.20(f) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section.
(g)CA Business & Professions Code § 23826.20(g) Following the cancellation or revocation of a license issued under this section, the department may issue one additional license pursuant to the procedures set forth in Section 23961 and this section.

Section § 23827

Explanation

If you live in a small California county with less than 7,000 people, where tourism is vital, the state might allow up to four new on-sale general licenses for restaurants. These restaurants need to seat at least 100 people. These licenses can't be used outside the county or transferred to places that don't meet the criteria.

(a)CA Business & Professions Code § 23827(a) 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 tourism and 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.
(b)CA Business & Professions Code § 23827(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.
(c)CA Business & Professions Code § 23827(c) A license issued pursuant to this section shall not be transferred from one county to another, nor shall it be transferred to any premises not qualifying under this section.