California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 57.6 - Qualifications of Manager

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				on-sale licensee who elects to operate his licensed premises through the
				employment of a manager may request the department to make a determination of
				the proposed manager's qualifications. Upon such request, the on-sale licensee
				shall produce the proposed manager at a District Office of the department for
				fingerprinting and investigation.
(b) Any on-sale licensee who employs a person
				in the capacity of manager shall notify the department in writing within
				fifteen (15) days of the effective date of this rule or within fifteen days of
				such employment, whichever occurs first. Within such 15-day period the on-sale
				licensee shall cause his manager to appear at a District Office of the
				department to have the manager's fingerprints taken, and to file an application
				for qualification as manager and furnish information necessary to establish
				whether the manager has the qualifications required of a holder of an on-sale
				license.
(c) When investigation
				indicates that any person employed as manager of premises operating under an
				on-sale license does not possess the qualifications required of the holder of
				an on-sale license, the department shall serve on the manager Notice of
				Disqualification of Manager and shall furnish a copy of said Notice to the
				holder of the on-sale license at the premises.
(d) Upon completion of its investigation
				pursuant to paragraph (a) or (b) of this rule, the department shall serve
				either Notice of Qualification of Manager or Notice of Disqualification of
				Manager on the manager or proposed manager. A copy of such Notice shall be
				furnished to the on-sale licensee who employs or proposes to employ the
				manager. Within fifteen (15) days after service of Notice of Disqualification
				of Manager, the manager or proposed manager upon whom served may petition the
				department for hearing thereon. The Notice of Disqualification of Manager shall
				advise the manager or proposed manager of his right to a hearing as provided in
				Chapter 5 (commencing with Section
				11500) of Part 1, Division 3 of
				Title 2 of the Government Code, and upon petition for hearing the reasons set
				forth in the Notice of Disqualification of Manager shall become the "statement
				of issues" as that term is used in Section
				11504 of
				the Government Code, and all provisions of said Section
				11504 applicable to "statement of
				issues" shall be applicable to said Notice. In addition, all other provisions
				of Chapter 5 (commencing with Section
				11500) of Part 1, Division 3 of
				Title 2 of the Government Code, applicable to "statement of issues" and
				proceedings initiated thereby, shall be applicable to the Notice of
				Disqualification of Manager and proceedings initiated by the filing of petition
				for hearing thereon.
1. New section
				  filed 4-14-69; designated effective 5-15-69 (Register 69, No. 16).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code and Section
					 22 of Article XX, California
					 Constitution. Reference: Sections
					 23001
					 and
					 23788.5,
					 Business and Professions Code.