Issuance and Transfer of LicensesApplications for Licenses
Section § 23950
If you want a license, you need to fill out a specific form given by the department. You'll also have to provide any other information they ask for to see if you and your place meet the requirements for the license.
Section § 23951
This section outlines the information required on an application. You need to provide the applicant's name, and if it's a partnership, the names of each partner. For LLCs or corporations, just give the entity name. You'll also need to specify the location of where the license will be used.
Section § 23952
When applying, you must confirm you haven't been convicted of a felony and will follow all rules about handling alcohol. If you can't agree to this, explain any past issues or why you can't follow these rules. This is especially important regarding specific laws about selling and distributing alcohol.
Section § 23953
This section of the law tells you who needs to sign an application for licenses, depending on the type of business entity. If you're applying as an individual, you sign it yourself. General partnerships require signatures from all partners. Limited partnerships need signatures from all general partners. For a limited liability company (LLC), if it's managed by members, each member or a specific officer signs; if managed by managers, then the managers or an authorized officer sign. For corporations, the application needs two officers' signatures: one from the top executive group like a president or vice president, and one from the secretarial or financial officer group.
Section § 23954
To apply, you must swear that your application is truthful and pay the required license fee.
Section § 23954.6
This section clarifies that when the law talks about an 'original on-sale general license,' it also means an 'original special on-sale general license.' However, you don't have to pay the extra fee when you're swapping between these two types of licenses.
Section § 23955
If you're applying for a wine grower's license, you need to include a fee with your application. This fee is based on how much wine you think you'll produce.
Section § 23956
When someone applies for a license to sell alcohol off the premises (like in a liquor store) in California, they need to include the minimum fee required with their application. They can also choose to pay a higher fee if they want.
Section § 23957
If you are applying for a license to sell alcohol at a place that's being built or is under construction, you need to include specific details in your application. These details help determine if the location will meet the necessary requirements to get the license. The exact information needed will be specified by the department overseeing the licensing process.
Section § 23958
When someone applies for a new license or to transfer an existing one, the department will thoroughly check both the applicant and the location to see if they meet the necessary requirements. They'll review anything that might affect community well-being and morals. If the applicant or location doesn't qualify, the application will be denied. They will also deny the application if it could cause law enforcement issues or add too many licenses to one area, unless a special exception applies.
Section § 23958.1
If you're a licensed beer and wine wholesaler applying for more licenses, the department doesn't have to check your personal qualifications again.
Section § 23958.2
This rule says that when partners in a business transfer a liquor license between themselves, and no new partner is involved, the department doesn't have to check their personal qualifications or the business location again.
Section § 23958.4
This law defines "undue concentration" of retail licenses, which can occur if a license is applied for in areas with significantly higher crime rates or higher ratios of certain licenses compared to the county average. Even in areas with undue concentration, licenses can still be issued if it serves the public convenience or necessity, as determined by either the local authority or the department. The law outlines how crime reports and population are calculated, and specific rules for different types of retail licenses. Additionally, it protects licenses affected by the 1992 Los Angeles civil disturbances. However, the law doesn't apply if a similar license has operated at the location within 90 days of the application.
Section § 23959
If your application for a license is denied or you decide to withdraw it, the part of the fee that can’t be refunded goes into a specific fund. Any leftover money will go towards any taxes you might owe. If there’s still any money left, it will be sent back to you.
Section § 23961
This law explains the process for issuing or transferring certain types of alcohol licenses in California when there are more applicants than licenses available. If this happens, the department will hold a lottery to determine the order in which applications are considered. Each applicant must pay a fee to participate, but will get most of it back if they don't complete an application or if their application is denied. Only California residents of at least 90 days can enter the lottery, and the department will broadcast the lottery live online. Corporations from other states can participate if they are registered to do business in California for 90 days.
Section § 23962
This law explains the process for applying for on-sale general licenses, which allow businesses to sell alcohol to be consumed on-site, like in bars or restaurants. If a county has fewer applicants than available licenses after the initial application period, the department will announce another period to apply. This announcement will tell you when and how you can apply in that county. But, if more people want licenses than there are available, then a lottery will be used to decide who gets them. Also, if you apply once and don't get a license, you can't apply again in that same application period.