California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 71 - Administration of Music Venue Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				purposes of this section and Business and Professions Code sections
				23550
				and
				23552,
				"live performance" means a bona fide performance by artists for entertainment
				that occurs upon the licensed premises. The electronic reception and projection
				of an event occurring away from the licensed premises does not constitute a
				live performance.
(b) For purposes
				of this section and Business and Professions Code sections
				23550
				and
				23552,
				"paid ticket or cover charge" must be a paid price of admission to the licensed
				premises for viewing a live performance. A paid ticket or cover charge may be
				exchanged by the consumer for or applied by the licensee towards sales of food,
				beverages (including alcoholic beverages), or merchandise to patrons. A paid
				ticket or cover charge may include but shall not require the purchase of
				alcoholic beverages by any patron. A paid ticket or cover charge for a minor
				shall not include, or be used or exchanged for, directly or indirectly, the
				purchase of alcoholic beverages.
(c) The equipment required by Business and
				Professions Code section
				23550,
				subdivision (c)(2) must be located on the licensed premises at all times during
				which license privileges are exercised and such equipment shall be maintained
				in working order. This does not prohibit the renting or use of additional
				equipment during a live performance.
(d) An applicant for a music venue license
				shall clearly identify on the premises diagram submitted with the application
				areas of the licensed premises that are defined audience and performance
				spaces. A "defined performance space" shall be a separate and distinct physical
				area of the licensed premises that is reserved solely for the presentation of
				live entertainment as otherwise required by Business and Professions Code
				sections
				23550
				and
				23552.
				Although a defined performance space is required, this shall not preclude the
				performance of live entertainment in other areas of the licensed
				premises.
(e) Any music venue
				license holder must keep records upon the licensed premises to show compliance
				with the requirements of Business and Professions Code section
				23550,
				subdivision (c)(3), (4), and (5), that cover the period of the preceding three
				years. Records kept in compliance with this section must be provided to the
				Department upon request pursuant to Business and Professions Code section
				25753.
				Failure to keep required records or to provide them to the Department upon
				request shall be grounds for disciplinary action pursuant to Business and
				Professions Code section
				25616.
(f) For an application to exchange an
				existing license for a music venue license pursuant to Business and Professions
				Code section
				23552,
				subdivision (f)(1), the Department shall conduct a thorough investigation to
				determine that the licensed premises satisfies all of the criteria of a music
				entertainment facility, as specified by Business and Professions Code section
				23550,
				subdivision (c) and this section. Any license previously held by a licensee
				that is exchanged for a music venue license pursuant to Business and
				Professions Code section
				23552,
				subdivision (f)(1) shall be cancelled upon issuance of the music venue license
				and cannot be otherwise sold or transferred by the licensee.
(1) A music venue license that has been
				issued pursuant to an exchange shall retain the same expiration date as the
				license that has been exchanged and cancelled. When a music venue license that
				has been issued pursuant to an exchange is sold, it cannot be sold for a
				purchase price or consideration in excess of the fee for an original music
				venue license in effect at the time the exchange was made.