California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 67.1 - Beer Public Premises

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On and
				after November 8, 1967, any premises for which an on-sale beer license has been
				or is issued, shall be a public premises as defined in Section
				23039(a)(2) of the
				Alcoholic Beverage Control Act if no food is prepared and sold on the premises
				for consumption on the premises. As used in the foregoing sentence "food"
				includes sandwiches, hamburgers, hot dogs, pizza, tacos, salads, desserts
				(other than pre-packaged individual servings of ice cream, ice milk or
				imitation ice cream), and similar short orders.
(b) Any on-sale beer license issued or
				transferred on or after November 8, 1967, for premises on which no food is
				prepared and sold as provided in (a) of this rule, shall be designated as an
				"On-Sale Beer License for Public Premises."
(c) Any person who, on November 8, 1967,
				holds an on-sale beer license, other than a license designated as "On-Sale Beer
				License for Public Premises," for premises on which no food is prepared and
				sold as provided in (a) of this rule, may at the time such person renews his
				license for 1968, notify the department that his license is to be designated as
				"On-Sale Beer License for Public Premises." No fee shall be charged for such
				initial designation if made at the time the license is renewed for 1968.
Any person who holds an on-sale beer license, other than a
				  license designated as "On-Sale Beer License for Public Premises," for premises
				  on which no food is prepared and sold as provided in (a) of this rule, shall
				  prior to March 1, 1968, notify the department that the license is to be
				  designated as "On-Sale Beer License for Public Premises." If such notification
				  of designation is made other than at the time the license is renewed for 1968,
				  the exchange fee prescribed by Business and Professions Code Section
				  24072.2
				  shall accompany said notification.
(d) Each licensee who holds an "On-Sale Beer
				License for Public Premises" shall comply with the provisions of Rule 107 of
				the department's rules. The provisions of Section
				25665 of the Alcoholic Beverage
				Control Act shall apply to each licensee who holds an "On-Sale Beer License for
				Public Premises."
(e) An on-sale
				beer license may be exchanged for an "On-Sale Beer License for Public
				Premises," and an "On-Sale Beer License for Public Premises" may be exchanged
				for an on-sale beer license in accordance with the provisions of this rule and
				with the provisions of Sections
				23039 and
				24072.2 of the Alcoholic Beverage
				Control Act.
1. New section
				  filed 10-9-67; effective thirtieth day thereafter (Register 67, No.
				  41).
2. Amendment of subsection (d) filed 2-2-77; designated
				  effective 3-7-77 (Register 77, No. 6).
Note: Authority cited: Sections
					 23039,
					 24070.1,
					 24072.1,
					 24072.2,
					 25665
					 and
					 25750,
					 Business and Professions Code; Section
					 22, Article XX, California
					 Constitution.