Immediately upon the denial of any application for a license, the department shall notify the applicant in writing. Within 10 days after the department mails the notice, the applicant may present his written petition for a license to the department.
Issuance and Transfer of LicensesDenial of Licenses
Section § 24011
If your application for a license is denied, the department must let you know in writing right away. After you get this notice, you have 10 days to send them a written request asking for the license again.
license denial written notice application process
Section § 24012
When someone submits an application for a license to the department and it's filled out correctly, the department must schedule a hearing for it.
Upon receipt by the department of a petition for a license in proper form, the petition shall be set for hearing.
petition for a license license application proper form
Section § 24013
If someone wants to protest a new liquor license for selling alcohol, they need to file their protest with the department within 30 days from the earliest of three specific dates related to the notice. Local law enforcement gets a little extra time to file. The department can reject certain protests if they're deemed false or without good reason unless they come from a public agency or local government. If the department still decides to issue the license despite a protest, they must let the protestor know in writing. If a protestor's complaint is rejected but later wants to challenge the issued license, they have 10 days to file for a formal hearing. This law also reassures that individuals can still take legal action in court if needed.
(a)CA Business & Professions Code § 24013(a) Protests may be filed at any office of the department within 30 days from the first date of posting the notice of intention to engage in the sale of alcoholic beverages at the premises, within 30 days of the mailing of the notification pursuant to Section 23985.5, or within 30 days of the mailing of the notices of the department to public officials as required by Section 23987, whichever is later. The time within which a local law enforcement agency may file a protest shall be extended by the period prescribed in Section 23987, pursuant to a request made under that section.
(b)Copy CA Business & Professions Code § 24013(b)
(1)Copy CA Business & Professions Code § 24013(b)(1) The department may reject protests, except protests made by a public agency or public
official or protests made by the governing body of a city or county, if it determines the protests are false, vexatious, frivolous, invalid or unreasonable, or without reasonable or probable cause at any time before hearing thereon, notwithstanding Section 24016 or 24300. If, after investigation, the department recommends that a license be issued notwithstanding a protest by a public agency, a public official, or the governing body of a city or county, the department shall notify the agency, official, or governing body in writing of its determination and the reasons therefor, in conjunction with the notice of hearing provided to the protestant pursuant to Section 11509 of the Government Code. If the department rejects a protest as provided in this section and issues a license, a protestant whose protest has been rejected may, within 10 days after the issuance of the license, file an accusation with
the department alleging the grounds of protest as a cause for revocation of the license and the department shall hold a hearing as provided in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(2)CA Business & Professions Code § 24013(b)(2) The department shall promulgate regulations by January 1, 2016, to implement this provision.
(c)CA Business & Professions Code § 24013(c) Nothing in this section shall be construed as prohibiting or restricting any right that the individual making the protest might have to a judicial proceeding.
protests alcoholic beverage license filing deadline
Section § 24013.1
If someone applies for a license and then decides to withdraw the application because someone has protested against it, they have to wait a whole year before they can apply again for the same location.
If an application for a license is voluntarily withdrawn as a result of any protest being filed opposing the issuance of such license, such applicant may not refile an application for the same location for a period of one year from the date of such withdrawal.
license application voluntarily withdrawn protest
Section § 24013.2
If someone pulls back a license application for a location, any objections to that license will still apply to any new license requests for the same place for one year after the original application is withdrawn.
If an application for issuance of a license at a premises is withdrawn pursuant to Section 24013.1, all verified protests filed against the issuance of the license at the premises in such application shall remain valid against any subsequent applications filed for that premises for a period of one year from the date of withdrawal.
license application withdrawal verified protests premises
Section § 24013.5
This law states that if a license for a place has been denied or taken away due to issues with the location itself, you can't apply for a new license for at least one year after that decision is final. If the license was denied twice within three years, then you have to wait two years before trying again.
(a)CA Business & Professions Code § 24013.5(a) No license shall be issued for any premises for which a license has been denied or revoked, for reasons pertaining to the premises, unless one year has elapsed from the date the order becomes final.
(b)CA Business & Professions Code § 24013.5(b) No license shall be issued for any premises for which a license has been denied, for reasons pertaining to the premises, twice within a 36-month period, unless two years have elapsed from the date that the last order becomes final.
license denial premises issues one-year wait
Section § 24014
This law outlines how protests related to specific matters must be filed. If a protest is not made by a department employee or a public officer, it must be sworn to be true, even if the information is based on what the person believes or has been told. Additionally, protests must be submitted by one individual, and only one person can sign the protest.
(a)CA Business & Professions Code § 24014(a) A protest made by any person other than an employee of the department or a public officer shall be verified. Verification may be on information and belief.
(b)CA Business & Professions Code § 24014(b) A protest made pursuant to this section shall be submitted by an individual and shall be limited to one signatory.
protest verification information and belief individual submission
Section § 24015
This law explains what happens when someone protests a license application. If the department thinks a license should be issued despite protests, it will inform both the applicant and protesters. Protesters can ask for a hearing, but they need to do so within 15 business days. If they miss this deadline, they might still get a hearing if there's a good reason. The hearing will only cover issues raised in the protest. If someone asks for a hearing but doesn't show up, their protest is considered dropped. If no hearing is requested, or if protesters don’t ask for one, the protests are withdrawn, and the department may proceed with issuing the license.
(a)CA Business & Professions Code § 24015(a) If, after investigation, the department recommends that a license be issued, with or without conditions, notwithstanding that one or more protests have been accepted by the department, the department shall notify the applicant and all protesting parties whose protests have been accepted in writing of its determination.
(b)CA Business & Professions Code § 24015(b) Any person who has filed a verified protest in a timely fashion pursuant to subdivision (a) of Section 24013, that has been accepted pursuant to this article may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under subdivision (a).
(c)CA Business & Professions Code § 24015(c) At any time prior to the issuance of the license, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review.
(d)CA Business & Professions Code § 24015(d) If a request for a hearing is filed with the department pursuant to subdivision (b), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing.
(e)CA Business & Professions Code § 24015(e) Notwithstanding that a hearing is held pursuant to subdivision (d), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.
(f)CA Business & Professions Code § 24015(f) If no request for a hearing is filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may issue the license without any further proceeding.
(g)CA Business & Professions Code § 24015(g) If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.
license protest hearing request filing deadline
