Issuance and Transfer of LicensesIssuance and Renewal of Licenses
Section § 24040
This law states that licenses for selling alcoholic beverages are granted to a specific person and must be used at the address listed on the license. However, there are exceptions for selling on trains, boats, and airplanes. Generally, the license must be active at the specified location within 30 days of being issued, unless another rule applies.
Section § 24041
If a business has multiple locations, it must have a separate license for each one, unless specified otherwise in certain sections. However, wine manufacturers, importers, or wholesalers can use a licensed public warehouse to store and deliver their products without needing another license there. But an out-of-state business does need a license if its beverages are stored and shipped from a California public warehouse.
Section § 24041.5
This law says that a business can have both a general license to sell alcohol for off-site consumption and a separate license to sell beer and wine for off-site consumption on the same property, as long as different people hold these licenses. However, this is only allowed if the rules set by the department are followed.
Section § 24042
If you have a bar with more than one serving area, you need a duplicate license for each additional room. The room where alcohol is served must have this duplicate license displayed. The process to get a duplicate includes notifying local law enforcement and waiting 30 days before it's issued. If they object, a hearing is required. Additionally, different rules apply depending on whether the room is a public eating place or exclusively for certain patrons. Not following these licensing rules can lead to penalties.
Section § 24042.5
This law allows businesses with a general alcohol license to request a license for a portable bar instead of licensing additional rooms if they want to serve alcohol in those spaces. If they use multiple portable bars in one room, only one needs to be licensed. The business must pay a fee for the portable bar license similar to their original alcohol license. Not getting this license or paying the fee can lead to penalties.
Section § 24043
This law states that the cost of licenses for trains and boats depends on how many are actively used during the year. The department in charge will decide how to calculate this average number.
Section § 24044
This law allows for alcohol retail licenses to be issued or transferred to locations that are being built or are under construction. However, alcohol cannot be sold until the construction is finished. If an existing license is moved to a new location, the owner must follow specific notification rules. These rules don't apply if the building work is happening at the current licensed location.
Section § 24044.5
This section allows the Department of Alcoholic Beverage Control to issue a temporary permit for operating a business that sells alcohol while the main license application is being processed, as long as certain conditions are met. The application for this interim permit must include a $145 fee and meet specific requirements like having been protested and investigated. The interim permit, initially valid for up to 120 days, can be extended, but it's automatically canceled if the main application is resolved or withdrawn. Holders must pay for deliveries of alcohol at the time of delivery unless they already hold other licenses. If a check for payment is dishonored, it doesn't count as payment but won't result in disciplinary action against the seller if received in good faith. Before the main license is issued, the interim permit holder must declare that all financial obligations are settled. The department can refuse or cancel permits without a hearing, and the permit application fees go into the Alcohol Beverage Control Fund.
Section § 24045
This section explains that most alcohol licenses in California, except for certain seasonal or daily ones, are given out yearly. However, the state can give temporary beer and wine licenses for events like picnics up to $50 a day. If someone transfers a license, the new owner gets it for the remaining time left on the original license. The director of the department responsible for these licenses can also change the expiration dates. For any newly set licensing period between six to eighteen months, the fees will be adjusted accordingly, and after that, licenses need to be renewed every year.
Section § 24045.1
This law allows a department to issue temporary daily licenses for organizations to sell alcohol on their premises for $75 each day. These licenses are limited to specific groups like political parties, charities, long-standing fraternal organizations, or religious groups. Such a license does not permit alcohol sales for off-premise consumption. Additionally, distilled spirits must be purchased from authorized retailers. The department can set rules addressing how often a group can obtain this license each year, and certain usual regulatory provisions don't apply to these temporary licenses.
Section § 24045.2
This law allows certain nonprofit television stations and charitable organizations to get a special temporary license to sell beer and wine at auctions. These nonprofits must be tax-exempt and support or receive funds for public or educational TV stations. The license costs $100 and allows the sale of beer and wine donations for up to 30 days. Only one license can be issued to the same nonprofit in a year, and beer and wine donations must not be tied to any other alcohol sales arrangement.
Section § 24045.3
This law allows certain women's educational and charitable organizations in California to get a special temporary license to sell beer and wine at auctions for charity. The organization must be part of a national group with at least 10 chapters in California, with one chapter existing since 1928. A fee of $100 is required to apply for this license. They can only sell donated beer and wine, and all proceeds must go to charity, not to cover auction costs. This license is valid for just one day, and each organization can only get one per year.
Section § 24045.4
This law allows certain nonprofit organizations to get a special license, for a fee, to sell donated alcoholic beverages at auctions. The nonprofits must be tax-exempt under specific tax laws. The license is temporary, lasting no more than 30 days, and each nonprofit can get up to three licenses per year. Donated alcohol can only be used for auctions, not for general sales.
Section § 24045.5
The law allows a temporary permit for transferring an alcohol license to a new person at the same location, if certain conditions are met. These include filing an application and fee, and ensuring the premises have been licensed recently. This permit lasts up to four months and can be extended. Alcohol must be paid for upfront, unless the temporary permit holder already has and is not delinquent on another license. Any bounced checks aren't considered payment, and sellers aren't punished if they didn't know a purchaser had a temporary permit. The department can refuse, cancel, or suspend permits, and if an application is withdrawn or denied, the fee paid is refunded. Permit applications must use the department's forms and any collected fees go into a specific fund.
Section § 24045.6
This law allows nonprofit organizations, which are tax-exempt under specific sections of tax codes, to obtain a special temporary license for selling beer or wine. The license costs $100 and lets them sell alcohol they've purchased or had donated to them. This special license is valid for up to 15 days and should be used for fundraising events, with a limit of four licenses per year. Additionally, nonprofits that have this license and a raffle registration can offer alcohol as raffle prizes, but only if they're already authorized to sell that alcohol under their license.
Section § 24045.7
This law allows nonprofit theater, radio, and cultural film companies to get special licenses to sell alcohol, like beer and wine. These companies must be tax-exempt nonprofits and can sell alcohol only at their specific venues. For theater and radio companies, sales can occur during, and within certain hours around, performances. For film companies, sales accompany movie showings. The licenses come with fees and are restricted to ensure that alcohol manufacturers and sellers don't dominate these venues. Specific rules apply, like having concession stands close to theaters and not allowing sales during county fairs.
Section § 24045.8
This law allows certain people, like executors of estates or court-appointed individuals, to get a special temporary license to sell or auction bottled wine to people who don't have a license themselves. This can only be done if the wine is part of the estate's inventory. The sale period is limited to the time needed to sell the wine or until the estate is settled, whichever comes first. A fee of $100 must be paid with the application for this temporary license. The department in charge of issuing these licenses will also set rules to manage this process.
Section § 24045.9
This law allows certain nonprofit, charitable corporations, such as public TV stations or those supporting educational broadcasting, to apply for a temporary license to serve beer and wine at events. The fee for this application is $100. They can only serve donated beer and wine, and they can receive donations of these beverages as long as it's not linked to a sale. The license is valid for up to 30 days and can only be issued once per year to each corporation. The department will establish necessary rules for managing these licenses.
Section § 24045.10
This law allows the department to issue a temporary two-day license for selling alcohol on large vessels (7,000 tons or more) used in interstate or international trade, when docked at a California port. Only invited guests, passengers, and off-duty employees can buy alcohol, and all necessary taxes must be paid. A vessel can get this license up to 24 times a year and each license costs $50 per day. The vessel's agent can apply for this license with permission from the operator. Alcohol must be sourced from licensed wholesalers or winegrowers within California.
Section § 24045.11
This law allows bed and breakfast inns in California, with 20 or fewer guestrooms, to obtain a special license to sell wine to their registered guests. These establishments can only serve wine bought from a licensed winegrower or wholesaler, and the cost of the wine must be included in the room price. It prohibits giving wine away for free and guests can't take the wine off the premises.
Section § 24045.12
This section allows bed and breakfast inns with 20 rooms or fewer to get a special license to serve alcohol. They can only serve alcoholic drinks to their registered guests, which must be included in the room price. The establishment can't let guests take drinks off the premises. The inns must buy alcohol from authorized sellers. The license can be transferred to a new owner but not to a different location.
Section § 24045.13
Former license holders can apply for a special temporary permit to sell collectible alcohol they acquired while previously licensed. This permit costs $100 and lasts for up to 120 days, with the option to renew it twice for additional 120-day periods at the same cost each time. The fees go into the Alcohol Beverage Control Fund, and the department can set rules to manage this process.
Section § 24045.14
If a maritime museum association is a nonprofit that's been around for over 40 years, owns at least three big ships, and doesn't pay income taxes, it can get a license to sell alcohol. They can only sell drinks during special events on their ships. If they sell on a ship more than 24 times a year, they need extra licenses for each ship. New licenses could only be given out until January 1, 1998.
Section § 24045.15
This Californian law allows certain nonprofit agricultural organizations to get a temporary license to sell wine for fundraising. The nonprofit must be tax-exempt and composed mostly of winegrowers from a specific wine region recognized by federal authorities. Only one such license is granted per region, and it costs $100. These organizations can sell donated or bought wine up to 1,000 cases and must clearly advertise that they are nonprofit groups promoting their wine region. Additionally, the wine must be sold at or above the minimum retail price, and sales are done through direct mail, phone, or online services. Each license is valid for up to 60 days, and only one can be issued per nonprofit each year.
Section § 24045.16
This law allows a special type of liquor license for nonprofit charitable arts organizations in Los Angeles that meet certain criteria. These organizations must operate two or more museums, with one museum being large and located on a sizeable property. With this license, the organization can sell and serve alcohol during events on its premises, but it cannot use the license for catering or to sell alcohol to be taken off the premises.
Section § 24045.17
This law allows the department to issue a general license for selling alcohol to a person running a catering business even if they don't have a restaurant or public bar, as long as they meet certain criteria. The person must have operated a catering business for at least five years and owned a restaurant with an alcohol license for one year. They must also cater more than 500 events annually, serve alcohol at fewer than 25% of these events, and alcohol sales can't make up more than 25% of their total yearly income. Moreover, they must get a yearly permit to serve alcohol and specific authorization for each event.
Section § 24045.18
This law allows a specific type of wine wholesaler or retailer in California to help nonprofit organizations with wine-tasting events. The wholesaler or retailer must either hold a particular retail license and only sell wine or have a limited wine retail license. They can only donate and showcase wines that they have produced and branded themselves specifically for these events.
Section § 24045.19
This law allows a nonprofit organization that is tax-exempt and primarily involves people in the wine industry to apply for a special temporary license to sell wine at certain events. These events can include classes or seminars on wine-making and grape-growing, or wine-tasting events to educate the public. The wine can only be sold for consumption at the event, not to take home. There is a fee for the license, capped at $75 per day, and it's valid for up to two days per event. No more than six licenses can be issues to one organization per year. During events, wine samples are limited to one ounce each, and any unused wine must be removed afterward. Finally, licensed wineries can donate or sell wine to these nonprofit events as long as it's not tied to a commercial deal.
Section § 24045.75
Section § 24045.76
This law allows a special type of alcohol license for historic cemeteries in Los Angeles. To qualify, the cemetery must be a for-profit, over 100 years old, on the National Register of Historic Places, and have tax-exempt care funds. This license lets them sell beer, wine, and spirits on site without needing to be a restaurant. However, any existing alcohol licenses for the cemetery must be canceled before the special license can be issued.
Section § 24045.77
This law allows for-profit theaters in Napa County with at least 800 seats to get a special license to sell alcohol. The alcohol can be served in the lobbies and seating areas two hours before and up to three hours after live performances. Before getting this special license, any existing alcohol licenses for the theater must be canceled. The theater doesn't need to serve food and doesn't follow some usual alcohol-serving restrictions. Importantly, this law doesn't apply to adult or sexually oriented businesses.
Section § 24045.78
This law allows a nonprofit arts foundation in San Francisco to have a special license to sell alcohol on the premises of a historical church over 100 years old. The license lets them sell beer, wine, and spirits without being a restaurant. The application fee is the same as for a regular on-sale general license, and the annual fee is also the same.
Section § 24045.85
This law allows the department to issue a special license for selling alcohol to nonprofit symphony associations that have been around for over 30 years and are tax-exempt. These organizations can sell and serve alcohol only to concert attendees on their premises, starting two hours before and ending one hour after a concert. No new licenses have been granted since January 1, 1987, but those issued before can still be renewed yearly.
Section § 24046
When you receive a license, you must display it prominently at the location where it's valid. If the license is for a train, boat, or plane, it can be posted somewhere else in the state, as long as the department directs it.
Section § 24047
If your license certificate is lost or destroyed, you can get a duplicate from the department by paying a $25 fee.
Section § 24048
This law explains how licenses, other than temporary or daily on-sale general licenses, can be renewed. Licenses must be renewed by paying a fee before they expire, usually by the end of the month on the license. If you miss that, there's a 60-day grace period where you can renew by paying the renewal fee plus a 50% penalty. If you still don't renew, the license is canceled but can be reinstated within 30 days by paying double the annual fee. After those 30 days, if not reinstated, the license is revoked. The department will send renewal notices before cancellation, but not getting them doesn’t extend your license.
Section § 24049
If someone owes taxes or has unpaid amounts related to certain tax laws, such as those for alcohol sales or business operations, the Department of Alcoholic Beverage Control can refuse to transfer their license. This includes taxes from selling alcohol, income, unemployment insurance, or property taxes connected to their business.
Section § 24049.5
This law lets the tax boards in California seize and sell a business's alcohol license if the business has stopped operating and hasn't paid its taxes or renewal fees. To do this, the business must have either given up its license or not paid the renewal fee. Once the license is taken, the boards must notify the business and the department about their intention to sell the license. The business can get their license back before it's sold by meeting certain requirements. If someone buys the license, they can only use it after approval from the department and paying necessary fees, following a proper transfer process. This law ensures tax agencies can sell licenses but not the alcohol itself.
Section § 24051
This law allows the department to issue and renew on-sale beer licenses specifically for fishing party boats. They can do this without following the rules mentioned in several other sections.