SECTIONS 23800-23805 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 23800-23805

23800. The department may place reasonable conditions upon retail
licensees or upon any licensee in the exercise of retail privileges
in the following situations:
(a) If grounds exist for the denial of an application for a
license or where a protest against the issuance of a license is filed
and if the department finds that those grounds may be removed by the
imposition of those conditions.
(b) Where findings are made by the department which would justify
a suspension or revocation of a license, and where the imposition of
a condition is reasonably related to those findings. In the case of a
suspension, the conditions may be in lieu of or in addition to the
suspension.
(c) Where the department issues an order suspending or revoking
only a portion of the privileges to be exercised under the license.
(d) Where findings are made by the department that the licensee
has failed to correct objectionable conditions within a reasonable
time after receipt of notice to make corrections given pursuant to
subdivision (e) of Section 24200, or subdivision (a) or (b) of
Section 24200.1.
(e) (1) At the time of transfer of a license pursuant to Section
24071.1, 24071.2, or 24072 and upon written notice to the licensee,
the department may adopt conditions that the department determines
are reasonable pursuant to its investigation or that are requested by
the local governing body, or its designated subordinate officer or
agency, in whose jurisdiction the license is located. The request for
conditions shall be supported by substantial evidence that the
problems either on the premises or in the immediate vicinity
identified by the local governing body or its designated subordinate
officer or agency will be mitigated by the conditions. Upon receipt
of the request for conditions, the department shall either adopt the
conditions requested or notify the local governing body, or its
designated subordinate officer or agency, in writing of its
determination that there is not substantial evidence that the problem
exists or that the conditions would not mitigate the problems
identified. The department may adopt conditions only when the request
is filed. Any request for conditions from the local governing body
or its designated subordinate officer or agency pursuant to this
provision shall be filed with the department within the time
authorized for a local law enforcement agency to file a protest or
proposed conditions pursuant to Section 23987.
(2) If the license to be transferred subject to paragraph (1) is
located in an area of undue concentration as defined in Section
23958.4, the period within which the local governing body or its
designated subordinate officer or agency may submit a written request
for conditions shall be 40 days after the mailing of the notices
required by Section 23987. For purposes of this provision only, undue
concentration shall be established when the requirements of both
paragraph (1) of subdivision (a) and either paragraph (2) or
paragraph (3) of subdivision (a) of Section 23958.4 exist. Pursuant
to Section 23987, the department may extend the 40-day period for a
period not to exceed an additional 20 days upon the written request
of any local law enforcement agency or local government entity with
jurisdiction. Nothing in this paragraph is intended to reduce the
burden of the local governing body or its designated subordinate
officer or agency to support any request for conditions as required
by paragraph (1). Notwithstanding Section 23987, the department may
not transfer any license subject to this paragraph until after the
time period permitted to request conditions as specified in this
paragraph.
(f) At the time of a transfer of a license pursuant to Article 5
(commencing with Section 24070) of Chapter 6.

23801. The conditions authorized by Section 23800 may cover any
matter relating to the privileges to be exercised under the license,
the personal qualifications of the licensee, the conduct of the
business or the condition of the premises, which will protect the
public welfare and morals, including, but not limited to, the
following:
(a) Restrictions as to hours of sale.
(b) Display of signs.
(c) Employment of designated persons.
(d) Types and strengths of alcoholic beverages to be served where
such types or strengths are otherwise limited by law.
(e) In cases under subdivision (c) of Section 23800, the portion
of the privileges to be exercised under the license.
(f) The personal conduct of the licensee.
(g) In cases under subdivision (f) of Section 23800, restrictions
on the presence of the license transferor on the licensed premises
without lawful business if that license transferor has multiple
violations of this division when in possession of the license. For
purposes of this section, "lawful business" specifically excludes,
without limitation, working or volunteering at the premises,
consulting with the licensee regarding the operation of the premises,
and loitering.

23802. Such conditions shall be endorsed upon the license and any
renewal thereof and shall be binding upon all persons to whom the
license is transferred.

23803. The department, upon its own motion or upon the petition of
a licensee or a transferee who has filed an application for the
transfer of the license, if it is satisfied that the grounds which
caused the imposition of the conditions no longer exist, shall order
their removal or modification, provided written notice is given to
the local governing body of the area in which the premises are
located. The local governing body has 30 days to file written
objections to the removal or modification of any condition. The
department may not remove or modify any condition to which an
objection has been filed without holding a hearing as provided in
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
Any petition for the removal or modification of a condition
pursuant to this section shall be accompanied by a fee of one hundred
dollars ($100).

23804. A violation of a condition placed upon a license pursuant to
this article shall constitute the exercising of a privilege or the
performing of an act for which a license is required without the
authority thereof and shall be grounds for the suspension or
revocation of such license.

23805. The proceedings specified in Section 23800(a), (b), (c),
(d), and (e) shall be conducted in the same manner as is required for
other proceedings involving petitions, protests or accusations, and
the right of a respondent in the proceedings to appeal shall include
the right to appeal from an order imposing conditions upon the
licenses involved in the proceedings. If the department gives notice
of conditions pursuant to subdivision (e) of Section 23800 or denies
a petition filed under Section 23803, the licensee or transferee may,
within 10 days after the mailing of the denial, make a written
request for a hearing. The proceedings at the hearing shall be
conducted as provided in Section 24300, and the respondent shall have
the same rights of appeal therefrom as in disciplinary actions.