California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 60 - Transfer of Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject
				to the provisions of law and of the department's rules limiting the number of
				licenses which may be issued in any county, licenses may be transferred from
				person to person and from premises to premises within the same county upon a
				single transfer application.
(b)
				The transferee shall make application to the department for a license of the
				type to be transferred and shall meet all the qualifications required of an
				original applicant for such license. The transferor shall join in the
				application.
(c) The transfer fee
				shall be paid by the transferee and shall accompany the application. The
				renewal fee shall accompany the transfer fee under circumstances described in
				Section 24048.2 or Section
				24048.4
				of the Business and Professions Code.
(d) In the absence of a temporary permit, the
				transferee shall not exercise any of the privileges of a licensee until the
				license is transferred by the issuance of a license certificate to the
				transferee. The transferor shall not permit the transferee to exercise any of
				the privileges of his license until the license is transferred.
(e) If a temporary permit is issued to the
				applicant for the transfer of a license on which a caterer's permit has been
				issued, the temporary permittee shall be entitled to exercise all the
				privileges of a caterer's permit during the period in which the temporary
				permit remains in effect without the payment of an additional fee.
(f) The administrator or executor of the
				estate of a deceased licensee may execute a transfer application and shall
				accompany such transfer application with a certified copy of letters
				testamentary or letters of administration.
(g) The guardian of the estate of a licensee
				may execute a transfer application and shall accompany such transfer
				application with a certified copy of the order appointing him
				guardian.
(h) In the event of the
				death of a limited partner licensee, or a general partner licensee where
				another general partner survives, the surviving partner or partners may execute
				a transfer application. In the event of the death of a general partner licensee
				where the only surviving partner is a limited partner, the executor or
				administrator of the estate of such general partner, or a person denominated in
				subsection (j) hereof, must also execute the transfer application. In both
				events, the transfer application shall be accompanied by a certified copy of
				the death certificate of the deceased partner, or other documentary proof of
				death satisfactory to the department.
(i) A trustee of the bankrupt estate of a
				licensee may execute a transfer application and shall accompany such transfer
				application with a certified copy of the order appointing him
				trustee.
(j) In the event that the
				estate of a deceased licensee may be disposed of without administration
				pursuant to Chapter 10 of Division 3 of the Probate Code and, if no
				administrator or executor of the estate is appointed, the surviving spouse or
				any other person entitled to administer such estate pursuant to such chapter
				may execute a transfer application and shall accompany such transfer
				application with a certified copy of the death certificate of the deceased
				licensee, or other documentary proof of death satisfactory to the department,
				and with either a certified copy of the order under which he acts or, if no
				such order is obtained, with an affidavit of his right to the licensed
				business.
(k) The receiver of the
				estate of a licensee may execute a transfer application and shall accompany
				such transfer application with a certified copy of the order appointing him
				receiver.
(l) If the transferor is
				a partnership, all members thereof must execute the application unless the
				department is satisfied by affidavit or otherwise that one or more partner
				licensees have abandoned their interest in the business and that such
				abandonment has continued for a period of not less than six consecutive months
				immediately preceding the application. The department may accept a transfer
				application executed by the remaining partners or any other person properly
				authorized by power of attorney.
For purposes of this rule, a partner licensee shall have
				  abandoned his interest in the licensed business if he makes an oral or written
				  declaration to that effect, or if all of the following conditions exist:
(1) He cannot be found or located.
(2) He has taken no active part in the
				operation or management of the licensed business.
(3) He has not received any income directly
				or indirectly from the licensed business.