reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 4 - Issuance and Renewal of Licenses › Section 24045.12.

24045.12. (a) The department may issue a special on-sale general license to an establishment licensed to do business as a bed and breakfast inn.
(b)  For purposes of this section, “bed and breakfast inn” means an establishment of 20 guestrooms or fewer, that provides overnight transient occupancy accommodations, that serves food only to its registered guests, that serves only a breakfast or similar early morning meal, and with respect to which the price of the food is included in the price of the overnight transient occupancy accommodation. “Bed and breakfast inn” refers to an establishment as to which the predominant relationship between the occupants thereof and the owner or operator of the establishment is that of innkeeper and guest, and the existence of some other legal relationship as between some occupants and the owner or operator is immaterial.
(c) An establishment holding a license under this section is authorized to serve any alcoholic beverage, as defined in Section 23004, only to registered guests of the establishment. The alcoholic beverage may not be given away to guests, but the price of the beverage shall be included in the price of the overnight transient occupancy accommodation. Guests may not be permitted to remove any alcoholic beverage served in the establishment from the grounds.
(d) An establishment holding a license under this section shall purchase all beer, wine, or distilled spirits for sale on the licensed premises from a licensed wholesaler or winegrower.
(e) A special on-sale general bed and breakfast inn license may be transferred to another person but not to another location.
(Amended by Stats. 2019, Ch. 29, Sec. 58. (SB 82) Effective June 27, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 4 - Issuance and Renewal of Licenses › Section 24045.13.

24045.13. (a) The department may issue a special temporary off-sale license to a former licensee for the limited purpose of selling any stock of collectible beer, wine, or distilled spirits decanters acquired when previously licensed.
(b) The fee for this license shall be one hundred dollars ($100).
(c) The license shall be issued for a period not to exceed 120 days. The license may be renewed for up to two additional 120-day periods upon payment of an additional one hundred dollar ($100) fee for each additional period.
(d) All money collected as fees pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.
(e) The department may adopt rules as it determines necessary to implement and administer this section.
(Added by Stats. 1995, Ch. 139, Sec. 2. Effective January 1, 1996.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 4 - Issuance and Renewal of Licenses › Section 24045.14.

24045.14. (a) Notwithstanding any other provision of this division, the department may issue an on-sale general license to any maritime museum association that has been organized as a nonprofit corporation more than 40 years before the date of application, that owns in its museum inventory not less than three vessels, each of which is 100 feet or more in length, and that is exempt from the payment of income taxes under Section 501(c)(3) of the Internal Revenue Code of 1986.
(b) A maritime museum association holding a license under this section may sell and serve alcoholic beverages only to persons attending prearranged events held onboard its vessels while those vessels are underway or while moored at their home port dock.
(c) A duplicate license shall be required for each vessel in excess of one if alcoholic beverages are sold on the vessel more than 24 times each year.
(d) Original licenses may be issued pursuant to this section until January 1, 1998.
(Amended by Stats. 2019, Ch. 29, Sec. 59. (SB 82) Effective June 27, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 4 - Issuance and Renewal of Licenses › Section 24045.16.

24045.16. Notwithstanding any other provision of this division, the department may issue an on-sale general bona fide public eating place license as defined by Section 23038 to any nonprofit charitable arts trust that is exempt from the payment of income taxes under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. For the purposes of this section, “arts trust” means an entity devoted to the arts and humanities which operates two or more museums, one of which is located on a site of at least 100 acres, and is within a facility of not less than 450,000 square feet in the County of Los Angeles.
An arts trust holding a license under this section may, subject to Section 25631, sell and serve alcoholic beverages to the public. In addition, a licensee under this section may, subject to Section 25631, directly or indirectly, give or furnish alcoholic beverages to persons at events for consumption on the premises. A premises licensed pursuant to this section shall not be entitled to a caterer’s permit pursuant to Section 23399, and shall not be entitled to exercise any off-sale privileges pursuant to Section 23401.
(Added by Stats. 1997, Ch. 20, Sec. 1. Effective June 6, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 4 - Issuance and Renewal of Licenses › Section 24045.17.

24045.17. Notwithstanding any other provision of law, the department may issue a general on-sale license to a person who does not operate a bona fide eating place or other public premises who meets all of the following:
(a) Has operated a catering business for not less than five years.
(b) Has operated or owned for not less than one year a bona fide eating place that had a general on-sale license.
(c) Caters over 500 events annually.
(d) Serves alcoholic beverages at no more than 25 percent of the events catered annually and has revenues from the sale of alcoholic beverages which do not constitute more than 25 percent of his or her total annual revenues.
(e) Obtains an annual permit to serve alcoholic beverages at events and obtains an authorization for each event, as specified in Section 23399.
(Added by renumbering Section 24045.12 (as amended by Stats. 1998, Ch. 639) by Stats. 2007, Ch. 349, Sec. 2. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 4 - Issuance and Renewal of Licenses › Section 24045.18.

24045.18. Notwithstanding any other provision of this division, a beer and wine wholesaler that also holds an off-sale beer and wine retail license and only sells wine or the holder of a limited off-sale retail wine license may assist a nonprofit organization holding a temporary wine license in conducting a winetasting. The privilege granted under this section for a beer and wine wholesaler that also holds an off-sale beer and wine retail license and only sells wine or the holder of a limited off-sale retail wine license shall apply only to wine produced for the donating licensee that is labeled with a brand owned exclusively by the donating licensee and shall include in the tasting only wine donated by the licensee to the event.
(Amended by Stats. 2011, Ch. 292, Sec. 3. (AB 623) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 4 - Issuance and Renewal of Licenses › Section 24046.

24046. Upon receipt of any license, the licensee shall post it in a conspicuous place upon the licensed premises. Licenses issued for trains, boats or airplanes may, in lieu of being posted upon the train, boat, or airplane for which issued, be posted in such other place in this State as the department shall designate.
(Amended by Stats. 1959, Ch. 1529.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 4 - Issuance and Renewal of Licenses › Section 24047.

24047. Whenever a license certificate is in effect and is lost or destroyed, the department shall issue a duplicate license upon the payment of a fee of twenty-five dollars ($25).
(Amended by Stats. 2019, Ch. 29, Sec. 60. (SB 82) Effective June 27, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 4 - Issuance and Renewal of Licenses › Section 24048.

24048. Every license, other than a temporary license or a daily on-sale general license issued pursuant to Section 24045.1, is renewable unless the license has been revoked if the renewal application is made and the fee therefor is paid. All licenses expire at 12 midnight on the last day of the month posted on the license. All licenses issued shall be renewed as follows:
(a) On or before the first of the month preceding the month posted on the license, the department shall mail to each licensee at their licensed premises, or at any other email or postal address that the licensee has designated, an application to renew the license.
(b) The application to renew the license may be filed before the license expires upon payment of the annual fee as set forth in subdivision (b) of Section 23320.
(c) For 60 days after the license expires, the license may be renewed upon payment of the annual renewal fee as set forth in subdivision (b) of Section 23320, plus a penalty fee that shall be equal to 50 percent of the annual fee.
(d) Unless otherwise terminated, or unless renewed pursuant to subdivision (b) or (c) of this section, a license that is in effect on the month posted on the license continues in effect through 2 a.m. of the 60th day following the month posted on the license, at which time it is automatically canceled.
(e) On or before the 10th day preceding the cancellation of a license, the department shall send a notice of cancellation to each licensee who has not either filed an application to renew their license or notified the department of their intent not to do so. Failure to send the renewal application in accordance with subdivision (a) or to send the notice provided in this subdivision shall not continue the right to a license.
(f) A license that has been canceled pursuant to subdivision (d) of this section may be reinstated during the 30 days immediately following cancellation upon payment of the annual renewal fee as set forth in subdivision (b) of Section 23320, plus a penalty fee that shall be equal to 100 percent of the annual fee. Payment shall be made by cashier’s check, money order, or electronically using any payment method authorized through the department’s online payment portal. A license that has been canceled pursuant to subdivision (d) of this section and that has not been reinstated within 30 days pursuant to this subdivision is automatically revoked on the 31st day after the license has been canceled.
(g) A renewal application shall not be deemed filed within the meaning of this section unless the document itself has been actually delivered to, and the required renewal fee has been paid at, any office of the department during office hours, or unless both the document and fee have been filed and remitted pursuant to Section 11003 of the Government Code.
(Amended by Stats. 2022, Ch. 136, Sec. 3. (SB 1011) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 4 - Issuance and Renewal of Licenses › Section 24049.

24049. The department may refuse to transfer any license when the applicant is delinquent in the payment of any taxes due under the Alcoholic Beverage Tax Law, the Sales and Use Tax Law, the Personal Income Tax Law, or the Bank and Corporation Tax Law, or on unsecured property as defined in Section 134 of the Revenue and Taxation Code, when such tax liability arises in full or in part out of the exercise of the privilege of an alcoholic beverage license, or any amount due under the Unemployment Insurance Code when such liability arises out of the conduct of a business licensed by the Department of Alcoholic Beverage Control.
(Amended by Stats. 1967, Ch. 1034.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 4 - Issuance and Renewal of Licenses › Section 24049.5.

24049.5. (a) The State Board of Equalization or the Franchise Tax Board may seize and sell the license of an off-sale or on-sale general licensee that, upon termination of business, is delinquent in the payment of taxes due under the Sales and Use Tax Law, Personal Income Tax Law, or Corporation Tax Law, respectively. In order for a seizure and sale of a license to be accomplished under this section, the licensee shall have either surrendered the license to the department or failed to pay the annual renewal fee to the department. Immediately upon seizure the State Board of Equalization or Franchise Tax Board shall give written notice by first-class mail to the department and to the licensee of the seizure and of the intention of the board to sell the license. The seizure and sale shall be in accordance with the provisions of Article 6 (commencing with Section 6796) of Chapter 6 of Part 1 of Division 2 of the Revenue and Taxation Code or Article 4 (commencing with Section 19251) of Chapter 5 of Part 10.2 of Division 2 of the Revenue and Taxation Code, respectively, and with the provisions of this division. Nothing within these provisions shall be construed to permit the State Board of Equalization or Franchise Tax Board to sell alcoholic beverages.
(b) For the purposes of this section, “termination of business” means the licensee has ceased business operations and has either surrendered the license to the department or the license has expired pursuant to Section 24048.
(c) The licensee may redeem the license at any time before the date of sale of the license by the board or the appropriate reinstatement deadline, whichever occurs first, by conforming to the requirements for reinstatement of a license pursuant to subdivision (f) of Section 24048.
The person who purchases the license at the sale may reinstate the license by paying the applicable fees, but the transfer shall be effective only on approval of the department after the purchaser has complied with the requirements for transfer provided in this division.
(d) Paragraph (1) of subdivision (a) of Section 699.720 of the Code of Civil Procedure shall not be construed to limit the authority of the State Board of Equalization or the Franchise Tax Board to seize and sell licenses pursuant to this section.
(Amended by Stats. 2018, Ch. 727, Sec. 1. (AB 3264) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 4 - Issuance and Renewal of Licenses › Section 24051.

24051. The department may issue and renew on-sale beer licenses for fishing party boats on payment of the fees without regard to the provisions of Sections 23985, 23986, 23987, 23988, 24013, 24014, or 24043.
(Added by renumbering Section 24052 by Stats. 1961, Ch. 73.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24070.1.

24070.1. An on-sale license issued for a bona fide public eating place may be transferred from the licensee to another person, as provided in Section 24070, for a bona fide public eating place or for public premises, as defined in Section 23039. An on-sale license issued for public premises may be transferred from the licensee to another person, as provided in Section 24070, for public premises or for a bona fide public eating place.
(Added by Stats. 1955, Ch. 1779.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24070.2.

24070.2. Notwithstanding subdivision (a) of Section 24070, any off-sale general license issued prior to April 29, 1992, and located within the boundaries of the United States Bureau of the Census census tracts 234000, 234200, 234300, 234500, 234600, 234700, 234800, 234900, 235100, 235201, 235202, 236100, 236201, 236202, 236400, 231100, 231500, 231600, 231700, 231800, 231900, 232100, 232200, 232300, 232400, 232500, 232600, 232700, 232800, 237100, 237200, 237300, 237400, 237500, 237600, 237700, 237800, 237900, 238000, 238100, 238200, 238300, 238400, 240300, 240400, 241200, 241300, 600100, 600201, 600202, 600301, 600302, 600400, 602700, 602800, 602900, 603002, 228100, 228200, 228300, 228400, 228500, 228600, 228700, 228800, 228900, 229100, 229200, 229300, 229400, 239200, 239300, 239500, 239600, 239700, 239800, 242000, 242100, 242200, 242300, 242600, 242700, 243000, 243100, 535400, 240000, 240200, 240500, 240600, 240700, 240800, 240900, 241000, 241100, 241400, 532700, 532800, 532900, 533000, 534900, 535000, 535101, 535102, 535200, 535300, 535400, 541100, 541200, 541300, 541400, 541601, 541602, 541800, 542000, 542101, 542102, 542200, 542401, 542402, 542500, 542600, 542700, 542800, 542900, 543000, 543100, 543200, 543301, 543321, and 570400 located within Los Angeles County may be transferred from that county to another county without regard to the limitations imposed by Section 24070. Notwithstanding the fee provisions of Section 24072, the fee for a transfer of a license pursuant to this section shall be one hundred dollars ($100).
(Added by Stats. 1993, Ch. 1285, Sec. 1. Effective January 1, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24070.5.

24070.5. When a winegrower has failed to carry on business actively, pursuant to a winegrower’s license, for a period of one year, such winegrower’s license, without regard to when it was originally issued, may be transferred only to a person who qualifies as a winegrower, as defined in Sections 23013 and 23358 of this code.
(Added by Stats. 1969, Ch. 1277.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24071.

24071. (a) The license of one spouse may be transferred to the other spouse when the application for transfer is made prior to the entry of a final decree of divorce, and the license of a decedent, minor ward, incompetent person, conservatee, debtor in a bankruptcy case, person for whose estate a receiver is appointed, or assignor for the benefit of creditors may be transferred by or to the surviving partners of a deceased licensee, the executor, administrator, conservator or guardian of an estate of a licensee, the surviving spouse of a deceased licensee in the event that the deceased licensee leaves no estate to be administered, the trustee of a bankrupt estate of a licensee, a receiver of the estate of a licensee, or an assignee for the benefit of creditors of a licensee with the consent of the assignor, or a license may be transferred by or to a receiver appointed for a judgment debtor as provided by Section 708.630 of the Code of Civil Procedure, or a license may be transferred to a revocable living trust when the licensee is also the trustee, and the fee for the transfer of each license shall be one hundred dollars ($100). A license may be transferred between partners where no new partner is being licensed, or a license may be transferred between corporations whose outstanding shares of stock are owned by the same natural persons, or a licensee may transfer upon compliance with Section 24073 any license to a corporation whose entire stock is owned by the licensee, or their spouse, or a licensee may transfer upon compliance with Section 24073 any license to a limited liability company whose entire membership consists of the licensee, or their spouse, or a license may be transferred from a corporation to a person who owns, or whose spouse owns, the entire stock of the corporation, and the fee for transfer of each license is one hundred fifteen dollars ($115). The regular transfer fee provided in Section 24072 shall be due and payable upon the subsequent transfer of 25 percent of the stock in a corporation to which a license has been transferred by a licensee or their spouse pursuant to this section, except if the transfer of stock is from a parent to their child or grandchild, in which case the fee shall be one-half of the regular transfer fee. In no case shall a fee be charged for the transfer of an importer’s license. All money collected from the fees provided for in this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.
(b) The fees may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320.
(c) Nothing in this section shall be deemed to authorize the formation of a limited liability company composed of only one member in violation of subdivision (b) of Section 17050 of the Corporations Code.
(Amended by Stats. 2019, Ch. 29, Sec. 63. (SB 82) Effective June 27, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24072.1.

24072.1. An on-sale license issued for a bona fide public eating place may be transferred from the premises for which issued to other premises, as provided in Section 24072, for a bona fide public eating place or for public premises, as defined in Section 23039. An on-sale license issued for public premises may be transferred from the premises for which issued to other premises, as provided in Section 24072, for public premises or for a bona fide public eating place.
(Added by Stats. 1955, Ch. 1779.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24072.2.

24072.2. Any person who has an on-sale license issued for a bona fide public eating place may exchange their license for a similar license for public premises, as defined in Section 23039, and any person who has such a license issued for public premises may exchange their license for a similar license for a bona fide public eating place. The exchange may be made at the time of renewal of the license sought to be exchanged, and not more than once between renewal periods, upon the approval of the department, the payment of an exchange fee of one hundred dollars ($100), and compliance with the provisions of this division relating to the issuance of an original license. The fee may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320. All money collected from the fee provided for in this section shall be deposited directly in the Alcohol Beverage Control Fund as provided in Section 25761.
(Amended by Stats. 2019, Ch. 29, Sec. 68. (SB 82) Effective June 27, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24072.3.

24072.3. (a) (1) Any person that has a brewpub-restaurant license may exchange that license for a bona fide public eating place license, as defined in Section 23038. The exchange may be made at any time upon the approval of the department, the payment of an exchange fee of one hundred dollars ($100), and compliance with the provisions of this division relating to the issuance of an original license.
(2) This section shall only apply to a brewpub-restaurant license that was first issued on or before December 31, 2019. For purposes of this paragraph, “first issued” means the date that the original brewpub-restaurant license was issued by the department, regardless of subsequent transfers thereof.
(b) (1) The fee established in subdivision (a) may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320.
(2) A person that exchanges a license pursuant to this section shall be required to pay the fee required for a new permanent license as set forth in Section 23320 for an on-sale general eating place.
(3) All money collected from the fee provided for in this section shall be deposited directly in the Alcohol Beverage Control Fund as provided in Section 25761.
(c) (1) The department may designate a license issued pursuant to this section as an on-sale general license for special use. A designation pursuant to this subdivision shall not alter any license privileges or restrictions otherwise established by this section.
(2) An on-sale general license for special use issued pursuant this section shall be excluded from the number of on-sale general licenses available under Sections 23816 and 23821.
(d) A license issued pursuant to this section shall not be sold or transferred for a price greater than the fee paid by the seller or transferor under paragraph (2) of subdivision (b).
(e) For purposes of this section, “brewpub-restaurant license” means a license described in Section 23396.3.
(Amended by Stats. 2023, Ch. 375, Sec. 4. (AB 1704) Effective October 7, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24072.5.

24072.5. Any person who has any on-sale general license may exchange his or her license for a special on-sale general license and any person who has a special on-sale general license may exchange his or her license for an on-sale general license. The exchange may be made at any time upon the approval of the department, the payment of an exchange fee of one hundred dollars ($100), and compliance with the provisions of this division relating to the issuance of an original license. However, Sections 23985, 23985.5, and 23986 shall not apply to the exchange of an on-sale general license for a special on-sale general license. All money collected from the fee provided for in this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.
(Amended by Stats. 1992, Ch. 900, Sec. 16. Effective September 24, 1992.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24073.

24073. No retail license limited in numbers, off-sale beer and wine license, on-sale beer and wine license, on-sale beer and wine public premises license, on-sale beer license, on-sale beer public premises license, or on-sale general license for seasonal business, shall be transferred unless before the filing of the transfer application with the department the licensee or the intended transferee records in the office of the county recorder of the county or counties in which the premises to which the license has been issued are situated a notice of the intended transfer, stating all of the following:
(a) The name and address of the licensee.
(b) The name and address of the intended transferee.
(c) The kind of license or licenses intended to be transferred.
(d) The address or addresses of the premises to which the license or licenses have been issued.
(e) An agreement between the parties to the transfer that the consideration for the transfer of the business and license or licenses, if any there be, is to be paid only after the transfer is approved by the department.
(f) The place where the purchase price or consideration for the transfer of the business and license or licenses is to be paid, the amount of such purchase price or consideration, and a description of the entire consideration, including a designation of cash, checks, promissory notes, and tangible and intangible property, and the amount of each thereof.
(g) The name and address of the escrow holder referred to in Section 24074, or of the guarantor referred to in Section 24074.4, as the case may be.
A copy of the notice of intended transfer, certified by the county recorder, shall be filed with the department together with a transfer application.
(Amended by Stats. 1973, Ch. 816.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24074.1.

24074.1. Any person desiring to act as an escrow holder under Section 24074 shall:
1. Comply with all the applicable provisions of Chapter 1 (commencing with Section 17000) of Division 6 of the Financial Code.
2. Not more than 10 days after receiving a claim from a creditor, said escrow holder shall acknowledge receipt of each claim; and
3. Not more than 10 days after the license has been transferred and prior to the distribution of the assets held by said escrow holder he shall advise each creditor who filed a claim against the escrow whether or not there are sufficient assets in the escrow to pay all creditors in full. If the assets in the escrow are sufficient to pay all creditors in full, said escrow holder shall also advise each creditor of the date on or before which payment will be made. If there are not sufficient assets to pay all creditors in full, he shall then advise each creditor who filed a claim of the following: (a) the total assets placed in escrow with him and the nature of each asset; (b) the name of each creditor who filed a claim against the escrow and the amount of said claim; (c) the amount he proposes to pay each creditor; and (d) the date on or before which said amount will be paid to the creditors.
(Added by Stats. 1965, Ch. 1426.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24074.2.

24074.2. Any person desiring to act as an escrow holder under Section 24074 shall not release any funds in the escrow in exchange for a promissory note or in exchange for any other consideration of less value to the creditors than the funds exchanged.
(Added by Stats. 1967, Ch. 1494.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24074.3.

24074.3. (a) Within 30 days after the filing of an application for transfer of a license referred to in Section 24073, the intended transferee shall file with the department a statement executed under penalty of perjury that the purchase price or consideration as set forth in the escrow agreement required by Section 24074 has been deposited with the escrowholder. At the time such statement is filed with the department copies thereof shall be submitted by the intended transferee to the transferor and the escrowholder concerned. The 30-day period specified by this section may be extended by the department for good cause; however, the license shall not be transferred until the statement required by this section is received by the department.
(b) This section shall not apply in the case of transfers for which a guaranty of payment has been filed pursuant to Section 24074.4.
(Amended by Stats. 1973, Ch. 816.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24074.4.

24074.4. (a) Notwithstanding the provisions of Section 24074, no escrow shall be required to be established in connection with the transfer of a business or license if a corporate person files with the department a guaranty of full, prompt, and faithful payment of all claims of bona fide creditors of the licensee, and such guaranty is acceptable to the creditors. The department shall not transfer the license until the guarantor has paid all the creditors’ claims in full and the guarantor has filed with the department a statement executed under penalty of perjury that all conditions of the transfer have been satisfied. Payment of such claims by the guarantor shall be made in United States currency or by certified check in a manner acceptable to the creditors.
(b) This section shall apply only in the case of a transfer involving an off-sale beer and wine license, and in which the guarantor corporation has a net worth on a consolidated basis, according to its most recent audited financial statement, of not less than five million dollars ($5,000,000).
(Added by Stats. 1973, Ch. 816.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24075.

24075. The provisions of Sections 24073 and 24074 do not apply to any transfer of a license made by an executor, administrator, guardian, conservator, trustee, receiver, except a receiver appointed under the provisions of Section 708.630 of the Code of Civil Procedure, or other person acting in the legal or proper discharge of official duty, or in the discharge of any trust imposed upon the person by law, nor to any transfer or assignment made for the benefit of creditors, nor to a surviving spouse or fiduciary or other person within the meaning of Section 24071.
(Amended by Stats. 1982, Ch. 497, Sec. 1.5. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24076.

24076. No licensee shall enter into any agreement wherein he pledges the transfer of his license as security for a loan or as security for the fulfillment of any agreement. No license shall be transferred if the transfer is to satisfy a loan or to fulfill an agreement entered into more than 90 days preceding the date on which the transfer application is filed, or to gain or establish a preference to or for any creditor of the transferor, except as provided by Section 24074, or to defraud or injure any creditor of the transferor.
(Amended by Stats. 1967, Ch. 753.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24077.

24077. Notwithstanding any other provision of law, no license shall be transferred into any county having a population of 35,000 or less.
(Added by Stats. 1961, Ch. 783.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24078.

24078. A special onsale general license may be transferred from person to person or from premises to premises, as provided in this article, but only for the operation of the licensed premises as required by Section 23399.2.
(Added by Stats. 1961, Ch. 1914.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24079.

24079. (a) An on-sale general license or off-sale general license shall not be transferred for a purchase price or consideration in excess of the original fee paid for that license pursuant to subparagraph (A) or (B) of paragraph (2) of subdivision (a) of Section 23320 for a period of two years following the original issuance of that license.
(b) On and after the two-year period following the original issuance of an on-sale general license or off-sale general license, there shall not be a restriction as to the purchase price or consideration paid by a transferee or received by a transferor for an on-sale general license or off-sale general license.
(Amended by Stats. 2022, Ch. 296, Sec. 5. (AB 2971) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24080.

24080. Every application filed by the intended transferee with the department for the transfer of an onsale or offsale general license shall indicate whether the consideration, if any, to be paid to the transferor includes payment for any or all of the following:
(a) Inventory.
(b) Fixtures.
(c) Transfer of the license.
The actual amount of the consideration, if any, to be paid for items (a), (b) and (c) is to be indicated in the application.
(Added by Stats. 1963, Ch. 1689.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24081.

24081. (a) Notwithstanding any other provision of law in this division including, but not limited to, requirements relating to the issuance or transfer of a license, any licensee whose premises, for which a license, other than an off-sale license, has been issued, have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee may carry on the business for a period of not more than 180 days at a location within 1,000 feet of the premises for which the license was issued and while the premises are being repaired or rebuilt and the licensee shall be entitled to carry on the licensee’s business under the existing license upon the former premises when they have been repaired or rebuilt.
(b) Notwithstanding any other provision of law in this division, including, but not limited to, requirements relating to the issuance or transfer of a license, any licensee whose premises, for which an off-sale license has been issued, have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee, may carry on the business for a period of not more than 180 days at a location within 1,000 feet of the premises for which the license was issued and while the premises are being repaired or rebuilt and the licensee shall be entitled to carry on the licensee’s business under the existing license upon the former premises when they have been repaired or rebuilt.
(c) The director, in the director’s discretion, may extend the 180-day period described in subdivisions (a) and (b) by 60 days.
(Amended by Stats. 2020, Ch. 175, Sec. 2. (AB 3139) Effective September 25, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 6 - Issuance and Transfer of Licenses › ARTICLE 5 - Transfer of Licenses › Section 24082.

24082. The license of a licensee whose licensed premises have been destroyed as a result of fire or act of God or have been taken under the power of eminent domain, may be transferred to another location within the same county without payment of the fee for transfer of a license from one premises to another premises. Within 18 months of the fire or act of God, if the destroyed premises have been reconstructed and the license has not been transferred to another person, the license may be transferred back to the location of the destroyed premises without payment of the fee for transfer of a license from one premises to another premises.
(Amended by Stats. 2008, Ch. 93, Sec. 2. Effective January 1, 2009.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 7 - Suspension and Revocation of Licenses › Section 24200.5.

24200.5. Notwithstanding the provisions of Section 24200, the department shall revoke a license upon any of the following grounds:
(a) If a retail licensee has knowingly permitted the illegal sale, or negotiations for the sales, of controlled substances or dangerous drugs upon his or her licensed premises. Successive sales, or negotiations for sales, over any continuous period of time shall be deemed evidence of permission. As used in this section, “controlled substances” shall have the same meaning as is given that term in Article 1 (commencing with Section 11000) of Chapter 1 of Division 10 of the Health and Safety Code, and “dangerous drugs” shall have the same meaning as is given that term in Article 2 (commencing with Section 4015) of Chapter 9 of Division 2 of this code.
(b) If the licensee has employed or permitted any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme, or conspiracy.
(Amended by Stats. 2007, Ch. 349, Sec. 3. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 7 - Suspension and Revocation of Licenses › Section 24200.6.

24200.6. The department may revoke or suspend any license if the licensee or the agent or employee of the licensee violates any provision of Section 11364.7 of the Health and Safety Code. For purposes of this provision, a licensee, or the agent or employee of the licensee, is deemed to have knowledge that the item or items delivered, furnished, transferred, or possessed will be used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance, if the department or any other state or local law enforcement agency notifies the licensee in writing that the items, individually or in combination, are commonly sold or marketed for that purpose.
(Added by Stats. 2002, Ch. 1027, Sec. 1. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 7 - Suspension and Revocation of Licenses › Section 24200.7.

24200.7. The department shall revoke or suspend any license if the licensee or the agent or employee of the licensee manufactures, distributes, or offers for retail sale powdered alcohol.
(Added by Stats. 2016, Ch. 778, Sec. 4. (SB 819) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 7 - Suspension and Revocation of Licenses › Section 24200.8.

24200.8. In determining the level of discipline for a violation of Section 25602 or 25658, the department may consider as a factor whether there is subsequent death or great bodily injury to the person who is sold, served, furnished, or given the alcoholic beverage, to any other person, or to both.
(Added by Stats. 2023, Ch. 613, Sec. 2. (SB 498) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 7 - Suspension and Revocation of Licenses › Section 24201.

24201. Accusations may be made to the department by any person against any licensee. Accusations shall be in writing and shall state one or more grounds which would authorize the department to suspend or revoke the license or licenses of the licensee against whom the accusation is made.
(Amended by Stats. 1955, Ch. 447.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 7 - Suspension and Revocation of Licenses › Section 24202.

24202. (a) All state and local law enforcement agencies shall immediately notify the department of any arrests made by them for violations over which the department has jurisdiction which involve a licensee or licensed premises. Notice shall be given within 10 days of the arrest. The department shall promptly cause an investigation to be made as to whether grounds exist for suspension or revocation of the license or licenses of the licensee.
(b) The department may not open or add an entry to a file or initiate an investigation of a licensee or suspend or revoke a license (1) solely because the licensee or an agent acting on behalf of the licensee has reported to a state or local law enforcement agency that suspected controlled substance violations have taken place on the licensed premises or (2) solely based on activities constituting violations described in such a report, unless the violations reported occurred with the actual knowledge and willful consent of the licensee.
(Amended by Stats. 1990, Ch. 695, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 7 - Suspension and Revocation of Licenses › Section 24203.

24203. Accusations against any on-sale or off-sale licensee may be filed with the department by the legislative body, or chief of police, of any city in which the premises in question are located, or if the premises are in unincorporated territory, then by the board of supervisors, or the sheriff, of the county, requesting the suspension or revocation of any retail license. Upon the filing of the accusation, the department shall provide for a public hearing thereon within the county in which the premises are located and determine whether or not the license should be revoked or suspended. Whenever the local legislative body, the chief of police, or the sheriff, certifies that the public safety, health, or welfare requires an immediate hearing of the accusation, the public hearing shall be held within 60 days after the filing of the accusation with the department.
(Amended by Stats. 1980, Ch. 457, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 7 - Suspension and Revocation of Licenses › Section 24204.

24204. The Director of the State Department of Public Health shall immediately notify the department of the conviction of any licensee of any violation of the Sherman Food, Drug, and Cosmetic Law in connection with alcoholic beverages. The department shall promptly cause an investigation to be made as to whether grounds exist for suspension or revocation of the license of such licensee.
(Amended by Stats. 2017, Ch. 478, Sec. 1. (AB 1724) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 7 - Suspension and Revocation of Licenses › Section 24205.

24205. The license of any taxpayer shall be automatically suspended upon cancellation of his or her bond, or if the bond becomes void or unenforceable for any reason, or if the taxpayer fails to pay any taxes or penalties due under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code), or the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), when that tax liability arises in whole or in part from the exercise of the privilege of an alcoholic beverage license, or under the Alcoholic Beverage Tax Law (Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code). The license shall be automatically reinstated if the taxpayer files a valid bond, or pays his or her delinquent taxes, as the case may be. A suspension under this section for a tax delinquency may only be imposed if the taxpayer is at least three months delinquent.
Upon the petition of any taxpayer whose license has been suspended under this section, a hearing shall be afforded him or her after five days’ notice of the time and place of hearing.
(Amended by Stats. 1996, Ch. 409, Sec. 1. Effective January 1, 1997.)