California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 57.8 - Qualifications of Convention Center, Exhibit Hall or Auditorium Bona Fide Public Eating Place Lessees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A bona
				fide public eating place licensee operating at a premises licensed pursuant to
				Section 23824 may from time to time at the
				request of the State of California, incorporated city, county, city and county
				or public corporation of the State of California which owns or leases the
				premises, sublease the sale and service of meals to a lessee or lessees. Within
				thirty (30) days of such subletting, the licensee shall furnish the department
				with a copy of the agreement between the licensee and lessee. The lessees or
				proposed lessees shall be persons who are holders of alcoholic beverage
				licenses or persons who shall be qualified as provided for in Rule 57.7 of
				these regulations.
(b) The State of
				California, incorporated city, county, or city and county or public corporation
				of the State of California which owns or leases the premises and the licensee
				may maintain a list of proposed lessees for the sale and service of meals who
				hold alcoholic beverage licenses or who have been qualified pursuant to Rule
				57.7 to sell and serve meals, and the licensee shall furnish the department
				with such list and any additions or deletions from such list. The department
				may disqualify any person on the list as provided in Rule 57.7 (b) and (c) of
				these regulations. The licensee shall notify the department at least 10 days
				prior to the date on which any lessee on the list, or added to the list, is to
				first sell and serve meals.
(c) A
				licensee who has sublet the sale and service of meals as provided for in
				Section 23787 remains responsible for
				keeping the premises in compliance with Section
				23038.1 and may not exercise the
				privileges of the license unless the premises are equipped with suitable
				kitchen facilities, maintained in a sanitary condition, and regularly and in a
				bona fide manner used and kept open for the serving of meals to groups of
				guests for compensation.
(d) A
				licensee who has sublet the sale and service of the meals required by Section
				23038.1 shall not also employ the
				lessee or his employees or agents to manage or direct the alcoholic beverage
				licensed business.
(e) Each license
				is issued to a specific person, and the privileges of such license are to be
				exercised by said person. A licensee who has sublet the sale and service of the
				meals required by Section
				23038.1 shall not permit the lessee
				to participate or share in revenues resulting from the exercise of privileges
				granted by the license.
1. New section
				  filed as an emergency 10-1-74; designated effective 10-4-74 (Register 74, No.
				  40).
2. Certificate of Compliance filed 1-22-75 (Register 75, No.
				  4).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code and Section
					 22, Article XX, California
					 Constitution. Reference: Sections
					 23038,
					 23038.1,
					 23300,
					 23787,
					 24040
					 and
					 25750,
					 Business and Professions Code.