California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 23 - Administrative Procedure › Section 147 - Procedures for Emergency Administrative Actions Against Alcohol Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				department may issue an emergency decision temporarily suspending a license,
				temporarily suspending specific license privileges, or temporarily imposing
				conditions on a license in situations involving an immediate threat to the
				public health, safety, or welfare that requires immediate action, pursuant to
				the provisions of Article 13 of Chapter 4.5 of Part 1 of Division 3 of Title 2
				of the Government Code (commencing with section
				11460.10).
(b) If occurring on a licensed premises, or
				on any adjacent property rented or leased by a licensee and the circumstances
				are directly connected to the operation of a licensed business, the department
				has determined that an emergency decision may be issued under any of the
				following circumstances:
(1) A pattern of
				conduct where the licensee, or an employee or agent of the licensee, sells, or
				negotiates the sale of, or knowingly permits another to sell, or negotiate for
				the sale of, controlled substances or dangerous drugs. A pattern of conduct
				includes multiple sales of controlled substances or dangerous drugs over the
				course of a single investigation;
(2) The licensee, or an employee or agent of
				the licensee, knowingly permits the licensed premises to be operated in a
				manner that constitutes either:
(i) a
				disorderly house as defined under Business and Professions Code section
				25601,
				or
(ii) a law enforcement problem;
(A) For purposes of this subsection, "law
				enforcement problem" means that a preponderance of evidence establishes that
				the local law enforcement agency must devote more resources to the licensed
				premises, or to an adjacent property rented or leased by the licensee, than it
				does for similar licensed businesses within its jurisdictional area, due to
				unlawful conduct on the premises or adjacent property, and the circumstances
				are directly connected to the operation of the licensed business due to the
				conduct, policy, or operations of the licensee, or an employee or agent of the
				licensee;
(3)
				The licensee, or an employee or agent of the licensee, engages in or knowingly
				permits activities that constitute human trafficking as described in Penal Code
				section
				236.1;
(4) The licensee is convicted of, or pleads
				guilty or nolo contendre to, a crime that shows the licensee is a danger or
				immediate threat to employees, visitors, guests, or customers of the licensed
				premises;
(A) Crimes that show a licensee is
				a danger or immediate threat to employees, visitors, guests, or customers of
				the licensed premises include Penal Code section
				261,
				262,
				264.1,
				269,
				286,
				287,
				288,
				288.5, or
				289, or any
				felony violation of Penal Code section
				207,
				209, or
				220, committed
				with the intent to commit a violation of Penal Code section
				261,
				262,
				264.1,
				286,
				287,
				288, or
				289;
(5) The licensee, or an employee or agent of
				the licensee, knowingly permits, on a consistent basis, violations of law that
				constitute grounds for suspension or revocation of the license; or
(6) The licensee, or an employee or agent of
				the licensee, due to the conduct, policy, or operations of the licensee, or an
				employee or agent of the licensee, knowingly acts in a manner in violation of
				an order issued by a federal, state, or local official during a declared state
				of emergency to protect the public health, safety, and welfare from immediate
				harm in and around the location of the licensed premises due to circumstances
				caused by or related to the declared emergency.