SECTIONS 23770-23793 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 23770-23793

23770. A winegrower's license, or a wine blender's license,
whichever is appropriate to the operations to be conducted on the
licensed premises, shall be issued only to, or held by, a person
qualified to operate or operating a winery or wine cellar bonded
under the internal revenue laws of the United States. Every person
operating, or authorized under the internal revenue laws of the
United States to operate, a winery or wine cellar bonded under the
internal revenue laws of the United States shall apply for, and hold,
a winegrower's or wine blender's license, as may be appropriate for
operations conducted on the licensed premises.

23771. No distilled spirits license of any kind, except a distilled
spirits manufacturer's or a distilled spirits manufacturer's agent's
license, shall be issued to any person, or to any officer, director,
employee, or agent of any person, who manufactures distilled spirits
within or without this State.

23772. No distilled spirits manufacturer's or distilled spirits
manufacturer's agent's license shall be held by any person who holds
any ownership or interest, directly or indirectly, by stock
ownership, interlocking directors, trusteeship, loan, mortgage, or
lien on any personal or real property, or otherwise, in any distilled
spirits wholesaler's, rectifier's, or retailer's license.
The provisions of this section shall not apply to the financial or
representative relationship between a manufacturer, wine grower,
manufacturer's agent, rectifier, distiller, bottler, importer, or
wholesaler, or any officer, director, or agent of such person, and a
person holding only one of the following types of licenses:
(a) On-sale general license for a bona fide club.
(b) Club license (issued under Article 4 (commencing at Section
23425) of Chapter 3 of this division).
(c) Veterans' club license (issued under Article 5 (commencing at
Section 23450) of Chapter 3 of this division).
(d) On-sale license for boats, trains, sleeping cars or airplanes
where the alcoholic beverages produced or sold by such manufacturer,
wine grower, manufacturer's agent, rectifier, bottler, importer, or
wholesaler or any officer, director, or agent of such person are not
sold, furnished or given, directly or indirectly to the on-sale
licensee.

23773. The provisions of Sections 23771 and 23772 do not prevent
agents or employees of a distilled spirits manufacturer located
without this State from soliciting orders for distilled spirits
within the State.

23774. The provisions of Sections 23771 and 23772 do not prevent
the issuance of a distilled spirits wholesale license to any person
who, on July 1, 1937, owned or operated a business which for five
years immediately preceding that date had maintained and operated in
this State a bona fide jobbing and distributing establishment for the
sale to retail dealers of goods, wares, and merchandise, the major
portion of which business at a time five years preceding July 1,
1937, was goods, wares, and merchandise other than alcoholic
beverages.

23775. An importer's license shall be issued only to a person or
manufacturer who holds a license authorizing the sale for resale of
the types of alcoholic beverages mentioned in the importer's license.

23776. A wholesaler's license shall not be issued or renewed to any
on-sale or off-sale licensee, except that:
(1) A wholesaler's license restricted to sales to on-sale
licensees may be issued or renewed to an on-sale licensee in counties
not to exceed 15,000 population, or
(2) If restricted to the wholesaler's sale of wine, a beer and
wine wholesaler's license may be renewed for the holder of an
off-sale beer and wine licensee who on December 31, 1987, held an
off-sale beer and wine license and a beer and wine wholesaler's
license, provided that the beer and wine wholesaler's license
restricted to the wholesaler's sale of wine can only be transferred
to the holder of a beer and wine wholesaler's license restricted to
the wholesaler's sale of wine on the date of transfer.

23777. No off-sale general license shall be renewed or issued to a
distilled spirits wholesaler whose premises are located in a city
having a population of 50,000 or more, as shown by the 1940 federal
census, or to a distilled spirits wholesaler who sells distilled
spirits to licensees whose premises are located in any city having a
population of 50,000 or more, as shown by the 1940 federal census.

23778. A distilled spirits wholesaler's license shall not be held
by any person unless at all times throughout the license year he has
on his wholesale premises a reasonable stock of distilled spirits, as
determined by the department, for which he has fully paid lawful
money or its equivalent.

23779. No wholesale license shall be issued to any person who does
not in good faith actually carry on or intend to carry on a bona fide
wholesale business by sale to retail licensees of the alcoholic
beverage designated in the wholesale license, and the department may
revoke any wholesale license when the licensee fails for a period of
45 days actively and in good faith to engage in the wholesale
business and shall revoke any distilled spirits wholesaler's license
held by any person who fails to comply with applicable provisions of
Sections 23378, 23379, 23776, 23777, and 23778. Sale by a wholesale
licensee to himself as a retail licensee is not the transaction of a
bona fide wholesale business.

23780. No distilled spirits wholesaler's license or rectifier's
license shall be issued or renewed to any person who holds on deposit
funds obtained from any retailer, which funds were obtained for the
purpose of applying them, either in whole or in part, toward the
payment of any future delivery of distilled spirits to the retailer.

23784. No retailer's on-sale license shall be issued to any person
to whom, or for any premises for which, a manufacturer's, wine grower'
s, importer's, wholesaler's, or rectifier's license is issued; and no
manufacturer's, wine grower's, importer's, wholesaler's, or
rectifier's license shall be issued to any person to whom, or for any
premises for which, a retailer's on-sale license is issued, except
that a retailer's on-sale license may be issued to a wholesaler in
counties not to exceed 15,000 population.

23785. A retail package off-sale general license, when issued to
the holder of a rectifier's or distilled spirits wholesaler's
license, shall be issued only for the same premises for which the
rectifier's or distilled spirits wholesaler's license is issued,
except as otherwise provided or permitted in this division.

23787. The department shall, before issuing any on-sale license for
the sale of alcoholic beverages to be consumed or otherwise disposed
of in any bona fide public eating place, determine whether the
public eating place is equipped and maintained in good faith for
sales to and consumption by the public of meals upon the premises. A
hotel or motel of 75 rooms or more or a bowling center of 12 lanes or
more, or any other bona fide public eating place, which hotel,
motel, bowling center or bona fide public eating place is licensed
and so equipped and maintained may sublet the sale and service of the
meals required by Section 23038 upon notification to the department.
Provided, however, that the licensee shall be responsible for any
violations of this division caused or permitted by the lessee on the
licensed premises. The licensee shall not sublet to a person who does
not have the qualifications of a holder of a license.
Nothing in this section shall preclude the renewal, transfer, or
issuance of an on-sale general license to any premises equipped and
maintained in good faith for sales to and consumption by members of
the public of meals upon the premises even though the operation of
such premises is limited solely to the service of meals and beverages
at prearranged events of a social or business nature and where
admission is by ticket only.

23788.5. No on-sale licensee shall knowingly employ any person to
manage, direct, or conduct the business who does not have the
qualifications required of a holder of the license. Any on-sale
licensee requesting the department to make a determination of
qualifications of a proposed manager shall submit with an application
for such services a fee of one hundred dollars ($100) which shall be
deposited in the Alcohol Beverage Control Fund as provided in
Section 25761.

23789. (a) The department is specifically authorized to refuse the
issuance, other than renewal or ownership transfer, of any retail
license for premises located within the immediate vicinity of
churches and hospitals.
(b) The department is specifically authorized to refuse the
issuance, other than renewal or ownership transfer, of any retail
license for premises located within at least 600 feet of schools and
public playgrounds or nonprofit youth facilities, including, but not
limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire
Girls. This distance shall be measured pursuant to rules of the
department.

23790. No retail license shall be issued for any premises which are
located in any territory where the exercise of the rights and
privileges conferred by the license is contrary to a valid zoning
ordinance of any county or city. Premises which had been used in the
exercise of those rights and privileges at a time prior to the
effective date of the zoning ordinance may continue operation under
the following conditions:
(a) The premises retain the same type of retail liquor license
within a license classification.
(b) The licensed premises are operated continuously without
substantial change in mode or character of operation.
For purposes of this subdivision, a break in continuous operation
does not include:
(1) A closure for not more than 30 days for purposes of repair, if
that repair does not change the nature of the licensed premises and
does not increase the square footage of the business used for the
sale of alcoholic beverages.
(2) The closure for restoration of premises rendered totally or
partially inaccessible by an act of God or a toxic accident, if the
restoration does not increase the square footage of the business used
for the sale of alcoholic beverages.

23790.5. (a) It is the intent of the Legislature in enacting this
section to ensure that local government shall not be preempted in the
valid exercise of its land use authority pursuant to Section 23790,
including, but not limited to, enacting an ordinance requiring a
conditional use permit. It is also the intent of the Legislature to
prevent the legislated prohibition of the concurrent retailing of
beer and wine for off-premises consumption and motor vehicle fuel
where the retailing of each is otherwise allowable.
(b) (1) No city, county, or city and county shall, by ordinance or
resolution adopted on or after January 1, 1988, legislatively
prohibit the concurrent retailing of motor vehicle fuel and beer and
wine for off-sale consumption in zoning districts where the zoning
ordinance allows motor vehicle fuel and off-sale beer and wine to be
retailed on separate sites.
(2) On and after January 1, 1989, no city, county, or city and
county ordinance or resolution adopted prior to May 5, 1987, shall
have legal effect if it legislatively prohibits the concurrent
retailing of motor vehicle fuel with beer and wine for off-sale
consumption in zoning districts where the zoning ordinance allows
beer and wine and motor vehicle fuel to be retailed on separate
sites.
(3) On and after July 1, 1988, no city, county, or city and county
ordinance or resolution adopted on or after May 5, 1987, shall have
legal effect if it legislatively prohibits the concurrent retailing
of motor vehicle fuel with beer and wine for off-sale consumption in
zoning districts where the zoning ordinance allows beer and wine and
motor vehicle fuel to be retailed on separate sites.
(4) This section shall not apply to a prohibition by a city,
county, or city and county of the sale of beer and wine in
conjunction with the sale of motor vehicle fuel if that prohibition
occurs as a result of the prohibition of the combining of the sale of
motor vehicle fuel with a broader class of products or uses which
includes alcoholic beverages or beer and wine as a named or unnamed
part of that larger class, if that prohibition was enacted before
August 1, 1985.
(c) Subject to the restrictions and limitations of subdivision
(b), this section shall not prevent a city, county, or city and
county from denying permission, or granting conditional permission,
to an individual applicant to engage in the concurrent retailing of
motor vehicle fuel with beer and wine for off-premises consumption
pursuant to a valid conditional use permit ordinance based on
appropriate health, safety, or general welfare standards contained in
the ordinance if that conditional use permit ordinance contains all
of the following:
(1) A requirement for written findings.
(2) A provision for an administrative appeal if the governing body
has delegated its power to issue or deny a conditional use permit.
(3) Procedures for notice of a hearing, conduct of a hearing, and
an opportunity for all parties to present testimony.
(4) A requirement that the findings be based on substantial
evidence in view of the whole record to justify the ultimate
decision.
(d) Notwithstanding any other provision of law, establishments
engaged in the concurrent sale of motor vehicle fuel with beer and
wine for off-premises consumption shall abide by the following
conditions:
(1) No beer or wine shall be displayed within five feet of the
cash register or the front door unless it is in a permanently affixed
cooler as of January 1, 1988.
(2) No advertisement of alcoholic beverages shall be displayed at
motor fuel islands.
(3) No sale of alcoholic beverages shall be made from a drive-in
window.
(4) No display or sale of beer or wine shall be made from an ice
tub.
(5) No beer or wine advertising shall be located on motor fuel
islands and no self-illuminated advertising for beer or wine shall be
located on buildings or windows.
(6) Employees on duty between the hours of 10 p.m. and 2 a.m. who
sell beer or wine shall be at least 21 years of age.
The standards contained in this subdivision are minimum state
standards which do not limit local regulation otherwise permitted
under this section.
(e) If there is a finding that a licensee or his or her employee
has sold any alcoholic beverages to a minor at an establishment
engaged in the concurrent sale of motor vehicle fuel with beer and
wine for off-premises consumption, the alcoholic beverage license at
the establishment shall be suspended for a minimum period of 72
hours. For purposes of Section 23790, the effect of such a license
suspension shall not constitute a break in the continuous operation
of the establishment nor a substantial change in the mode or
character of operation.
(f) The provisions of this section apply to charter cities.

23791. Nothing in this division interferes with the powers of
cities conferred upon them by Sections 65850 to 65861, inclusive, of
the Government Code.

23792. No license, other than an on-sale beer license, shall be
issued to any applicant for any premises situated more than one mile
outside the limits of an incorporated city and within two miles of
any camp or establishment of men, numbering 25 or more, engaged upon
or in connection with the construction, repair, or operation of any
work, improvement, or utility of a public or quasi-public character.
This section does not apply to the renewal of any licenses for any
premises which have been established and licensed under this division
at least six months prior to the establishment of the camp or
establishment of men, and such licenses, whether held by the original
licensee to whom first issued or a subsequent holder thereof, shall
be subject to transfer as to person and premises, or either, in the
same manner as any other license of the same type and character
issued by the department.

23793. No new original public premises licenses shall be issued
except for beer, or beer and wine, and no public premises licenses
shall be transferred from county to county, unless the applicant can
show that substantial public demand cannot otherwise be satisfied.