Restrictions on Issuance of LicensesLimitation on Number of Licensed Premises
Section § 23815
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.
Section § 23816
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.
Section § 23817
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.
Section § 23817.4
Section § 23817.5
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.
Section § 23817.7
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.
Section § 23817.8
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.
Section § 23817.9
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.
Section § 23817.10
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.
Section § 23818
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.
Section § 23819
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.
Section § 23820
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.
Section § 23821
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.
Section § 23824
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.
Section § 23824.1
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.
Section § 23825
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.
Section § 23826
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.
Section § 23826.2
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.
Section § 23826.5
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.
Section § 23826.7
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.
Section § 23826.8
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.
Section § 23826.9
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.
Section § 23826.10
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.
Section § 23826.11
Section § 23826.12
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.
Section § 23826.13
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.
Section § 23826.14
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.
Section § 23826.15
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.
Section § 23826.16
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.
Section § 23826.17
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.
Section § 23826.18
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.
Section § 23826.19
Section § 23826.20
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.
Section § 23827
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.