California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 55.1 - Applicant/Licensee Verification of Eligibility; Limitations on Alcoholic Beverage Licenses for Aliens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				eligibility requirements contained herein shall be applied without regard to
				the race, creed, color, gender, religion, disability, or national origin of the
				individual applying for the public benefit. This section shall apply to any
				natural person renewing or applying for the entire direct interest in a license
				issued by the Department of Alcoholic Beverage Control.
(b) Pursuant to Section
				411 of the Personal Responsibility
				and Work Opportunity Reconciliation Act of 1996, (Pub. L. No.
				104-193(PRWORA)), (8 U.S.C. §
										1621),
				and notwithstanding any other provision of this division, aliens who are not
				qualified aliens, nonimmigrant aliens under the Immigration and Nationality Act
				(INA) (8 U.S.C. §
										1101
et seq
.), or aliens
				paroled into the United States under Section
				212(d)(5) of the
				INA (8 U.S.C. §
										1182(d)(5)), for less than
				one year, are not eligible to receive any license issued pursuant to the ABC
				Act, BPC §
									23000
et
				seq.
(c) A qualified alien
				is an alien who, at the time he or she applies for, receives, or attempts to
				receive a public benefit, is, under Section
				431(b) of the
				PRWORA (8 U.S.C. §
										1641(b)), any of the
				following:
(1) An alien lawfully admitted for
				permanent residence under the INA (8 U.S.C. §
											1101
et
				seq
.).
(2) An alien who is
				granted asylum under Section
				208 if the INA (8 U.S.C. §
											1158).
(3) A refugee who is admitted to the United
				States under Section
				207 of the INA (8 U.S.C. §
											1157).
(4) An alien who is paroled into the United
				States under Section
				212(d)(5) of the
				INA (8 U.S.C. §
											1182(d)(5)) for a period of
				at least one year.
(5) An alien
				whose deportation is being withheld under Section
				243(h) of the INA
				(8 U.S.C. §
											1253(h)) (as in effect
				immediately before the effective date of
				Section
				307 of division C of
				Public Law
				104-208) or Section
				241(b)(3) of such
				Act (8 U.S.C. §
											1251(b)(3)) (as amended by
				Section
				305(a) of division C of
				Public Law
				104-208).
(6) An alien who is granted conditional entry
				pursuant to Section
				203(a)(7) of the
				INA as in effect prior to April 1, 1980. (8 U.S.C. §
											1153(a)(7)) See editorial
				note under 8 U.S.C. §
											1101, "Effective Date of 1980
				Amendment.")
(7) An alien who is a
				Cuban or Haitian entrant (as defined in Section
				501(e) of the
				Refugee Education Assistance Act of 1980 (8 U.S.C. §
											1522
				note)).
(8) An alien who, under
				Section 431(c)(1) of the
				PRWORA (8 U.S.C. §
											1641(c)(1)), meets all of
				the conditions of subparagraphs (A), (B), (C), and (D) below:
(A) The alien has been battered or subjected
				to extreme cruelty in the United States by a spouse or a parent, or by a member
				of the spouse's or parent's family residing in the same household as the alien,
				and the spouse or parent of the alien consented to, or acquiesced in, such
				battery or cruelty. For purposes of this subsection, the term "battered or
				subjected to extreme cruelty" includes, but is not limited to being the victim
				of any act or threatened act of violence including any forceful detection,
				which results or threatens to result in physical or mental injury. Rape,
				molestation, incest (if the victim is a minor), or forced prostitution shall be
				considered as acts of violence.
(B)
				There is a substantial connection between such battery or cruelty and the need
				for the benefits to be provided in the opinion of the Director of the
				Department of Alcoholic Beverage Control. For purposes of this subsection, the
				following circumstances demonstrate a substantial connection between the
				battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the
				alien to become self-sufficient following separation from the abuser.
2. The benefits are needed to enable the
				alien to escape the abuser and/or the community in which the abuser lives, or
				to ensure the safety of the alien from the abuser.
3. The benefits are needed due to a loss of
				financial support resulting from the alien's separation from the
				abuser.
4. The benefits are needed
				because the battery or cruelty, separation from the abuser, or work absences or
				lower job performance resulting from the battery or extreme cruelty or from
				legal proceedings relating thereto (including resulting child support, child
				custody, and divorce actions) cause the alien to lose his or her job or to earn
				less or to require the alien to leave his or her job for safety
				reasons.
5. The benefits are needed
				because the alien requires medical attention or mental health counseling, or
				has become disabled, as a result of the battery or extreme cruelty.
6. The benefits are needed because the loss
				of a dwelling or source of income or fear of the abuser following separation
				from the abuser jeopardizes the alien's ability to care for his or her children
				(e.g., inability to house, feed, or clothe children or to put children into a
				day care for fear of being found by the abuser).
7. The benefits are needed to alleviate
				nutritional risk or need resulting from the abuse or following separation from
				the abuser.
8. The benefits are
				needed to provide medical care during a pregnancy resulting from the abuser's
				sexual assault or abuse of, or relationship with, the alien and/or to care for
				any resulting children.
9. Where
				medical coverage and/or health care services are needed to replace medical
				coverage or health care services the alien had when living with the
				abuser.
(C) The alien has
				a petition that has been approved or has a petition pending which sets forth a
				prima facie case for:
1. status as a spouse
				or child of a United States citizen pursuant to clause (ii), (iii), or (iv) of
				Section 204(a)(1)(A) of
				the INA (8 U.S.C. §
													1154(a)(1)(A)(ii), (iii) or
				(iv)),
2. classification pursuant to clause (ii) or
				(iii) of Section
				204(a)(1)(B) of
				the INA (8 U.S.C. §
													1154(a)(1)(B)(ii) or
				(iii)),
3. suspension of deportation and adjustment
				of status pursuant to section
				244(a)(3) of the
				INA (8 U.S.C. sec.
				1254) as in effect prior to April 1, 1997
				[Pub.L.
				104-208,
				sec.
				501 (effective September 30, 1996, pursuant
				to sec. 591);
				Pub.L.
				104-208,
				sec.
				304 (effective April 1, 1997, pursuant to
				sec. 309);
				Pub.L.
				105-33,
				sec.
				5581 (effective pursuant to sec.
				5582)] (incorrectly codified as
				"cancellation of removal under section
				240 A of such Act [8 USCS sec.
				1229 b] (as in effect prior to
				April 1, 1997),
4. status as a
				spouse or child of a United States citizen pursuant to clause (i) of Section
				204(a)(1)(A) of
				the INA (8 U.S.C. §
													1154(a)(1)(A)) or
				classification pursuant to clause (i) of Section
				204(a)(1)(B) of
				the INA (8 U.S.C. §
													1154(a)(1)(B)), or
5. cancellation of removal pursuant to
				section 240 A(b)(2) of the INA
				(8 U.S.C. §
													1229b(b)(2)).
(D) For the period for which benefits are
				sought, the individual responsible for the battery or cruelty does not reside
				in the same household or family eligibility unit as the individual subjected to
				the battery or cruelty.
(9) An alien who, under Section
				431(c)(2) of the
				PRWORA (8 U.S.C. §
											1641(c)(2)), meets all of
				the conditions of subparagraphs (A), (B), (C), (D) and (E) below:
(A) The alien has a child who has been
				battered or subjected to extreme cruelty in the United States by a spouse or a
				parent of the alien (without the active participation of the alien in the
				battery or cruelty), or by a member of the spouse's or parent's family residing
				in the same household as the alien, and the spouse or parent consented or
				acquiesced to such battery or cruelty. For purposes of this subsection, the
				term "battered or subjected to extreme cruelty" includes, but is not limited to
				being the victim of any act or threatened act of violence including any
				forceful detention, which results or threatens to result in physical or mental
				injury. Rape, molestation, incest (if the victim is a minor), or forced
				prostitution shall be considered as acts of violence.
(B) The alien did not actively participate in
				such battery or cruelty.
(C) There
				is a substantial connection between such battery or cruelty and the need for
				the benefits to be provided in the opinion of the Director of the Department of
				Alcoholic Beverage Control. For purposes of this subsection, the following
				circumstances demonstrate a substantial connection between the battery or
				cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the
				alien's child to become self-sufficient following separation from the
				abuser.
2. The benefits are needed
				to enable the alien's child to escape the abuser and/or the community in which
				the abuser lives, or to ensure the safety of the alien's child from the
				abuser.
3. The benefits are needed
				due to a loss of financial support resulting from the alien's child's
				separation from the abuser.
4. The
				benefits are needed because the battery or cruelty, separation from the abuser,
				or work absences or lower job performance resulting from the battery or extreme
				cruelty or from legal proceedings relating thereto (including resulting child
				support, child custody, and divorce actions) cause the alien's child to lose
				his or her job or to earn less or to require the alien's child to leave his or
				her job for safety reasons.
5. The
				benefits are needed because the alien's child requires medical attention or
				mental health counseling, or has become disabled, as a result of the battery or
				extreme cruelty.
6. The benefits
				are needed because the loss of a dwelling or source of income or fear of the
				abuser following separation from the abuser jeopardizes the alien's child's
				ability to care for his or her children (e.g., inability to house, feed, or
				clothe children or to put children into day care for fear of being found by the
				abuser).
7. The benefits are needed
				to alleviate nutritional risk or need resulting from the abuse or following
				separation from the abuser.
8. The
				benefits are needed to provide medical care during a pregnancy resulting from
				the abuser's sexual assault or abuse of, or relationship with, the alien's
				child and/or to care for any resulting children.
9. Where medical coverage and/or health care
				services are needed to replace medical coverage or health care services the
				alien's child had when living with the abuser.
(D) The alien meets the requirements of
				subsection (c)(8)(C) above.
(E) For
				the period for which benefits are sought, the individual responsible for the
				battery or cruelty does not reside in the same household or family eligibility
				unit as the individual subjected to the battery or cruelty.
(10) An alien child who meets all of the
				conditions of subparagraphs (A), (B) and (C) below:
(A) The alien child resides in the same
				household as a parent who has been battered or subjected to extreme cruelty in
				the United States by that parent's spouse or by a member of the spouse's family
				residing in the same household as the parent and the spouse consented or
				acquiesced to such battery or cruelty. For purposes of this subsection, the
				term "battered or subjected to extreme cruelty" includes, but is not limited to
				being the victim of any act or threatened act of violence including any
				forceful detection, which results or threatens to result in physical or mental
				injury. Rape, molestation, incest (if the victim is a minor), or forced
				prostitution shall be considered as acts of violence.
(B) There is a substantial connection between
				such battery or cruelty and the need for the benefits to be provided in the
				opinion of the Director of the Department of Alcoholic Beverage Control. For
				purposes of this subsection, the following circumstances demonstrate a
				substantial connection between the battery or cruelty and the need for the
				benefits to be provided:
1. The benefits are
				needed to enable the alien child's parent to become self-sufficient following
				separation from the abuser.
2. The
				benefits are needed to enable the alien child's parent to escape the abuser
				and/or the community in which the abuser lives, or to ensure the safety of the
				alien child's parent from the abuser.
3. The benefits are needed due to a loss of
				financial support resulting from the alien child's parent's separation from the
				abuser.
4. The benefits are needed
				because the battery or cruelty, separation from the abuser, or work absences or
				lower job performance resulting from the battery or extreme cruelty or from
				legal proceedings relating thereto (including resulting child support, child
				custody, and divorce actions) cause the alien child's parent to lose his or her
				job or to earn less or to require the alien child's parent to leave his or her
				job for safety reasons.
5. The
				benefits are needed because the alien child's parent requires medical attention
				or mental health counseling, or has become disabled, as a result of the battery
				or extreme cruelty.
6. The benefits
				are needed because the loss of a dwelling or source of income or fear of the
				abuser following separation from the abuser jeopardizes the alien child's
				parent's ability to care for his or her children (e.g., inability to house,
				feed, or clothe children or to put children into day care for fear of being
				found by the abuser).
7. The
				benefits are needed to alleviate nutritional risk or need resulting from the
				abuse or following separation from the abuser.
8. The benefits are needed to provide medical
				care during a pregnancy resulting from the abuser's sexual assault or abuse of,
				or relationship with, the alien child's parent and/or to care for any resulting
				children.
9. Where medical coverage
				and/or health care services are needed to replace medical coverage or health
				care services the alien child's parent had when living with the
				abuser.
(C) The alien
				child meets the requirements of subsection (c)(8)(C)
				above.