SECTIONS 23985-23987 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 23985-23987

23985. After filing an application to engage in the sale of any
alcoholic beverage at any premises, notice of intention to so
commence shall be posted in a conspicuous place at the entrance to
the premises. The applicant shall notify the department of the date
when such notice is first posted. No license shall be issued for the
premises until the notice has been so posted for at least 30
consecutive days. The notice shall be in such form as the department
shall prescribe.
Notice of the application for a license pursuant to Section 24044
shall be posted at the proposed premises after the application is
filed and shall remain so posted for at least 30 consecutive days.
The applicant shall notify the department of the date when such
notice is first posted.

23985.5. (a) Notwithstanding any other provision of this article,
in any instance affecting the issuance of any retail license at a
premises that is not currently licensed or for a different retail
license, the department shall require that the applicant mail
notification of the application to every resident and owner of real
property within a 500-foot radius of the premises for which the
license is to be issued.
(b) The department shall require the applicant to provide
notification to the owners of real property, as required in
subdivision (a), only if the local jurisdiction in which the license
is to be issued provides, free of charge, a list of the names and
addresses of the owners to the applicant.
(c) For the notification required by subdivision (a), the
department shall develop bilingual notices in English and Spanish.
The notice shall include information on how to obtain the notice
information in a minimum of three of the predominant languages other
than English or Spanish in the state, according to the most recent
United States decennial or special census information.

23986. (a) Any applicant for an on-sale license shall cause a
notice of the application, giving the name or names of the applicant
and the premises where the business is to be conducted, to be
published pursuant to Section 6061 of the Government Code in a
newspaper of general circulation, other than a legal or professional
trade publication, in the city in which the premises are situated, or
if the premises are not in a city, the publication shall be made in
a newspaper of general circulation nearest the premises where the
business is to be conducted. The form of the notice shall be
prescribed by the department. Affidavit of publication shall be filed
with the department prior to the issuance of any license. The
department shall adopt rules and regulations to enforce the
provisions of this section.
(b) Any applicant for an on-sale or off-sale license at a premises
which is located in a census tract which has an undue concentration
of licenses, as defined in paragraph (2) or (3) of subdivision (a) of
Section 23958.4, shall cause a notice of the application to be
published pursuant to Section 6063 of the Government Code in a
newspaper of general circulation other than a legal or trade
publication. Publication shall be made in the city in which the
premises are situated, or if the premises are not in a city, the
publication shall be made in a newspaper of general circulation
nearest the premises where the business is to be conducted. The form
of the notice shall be prescribed by the department. Affidavit of
publication shall be filed with the department prior to the issuance
of any license. The department shall adopt rules and regulations to
enforce the provisions of this subdivision.

23987. Upon the receipt by the department of an original
application for any license or an application for transfer of any
license, written notice thereof, consisting of a copy of the
application, shall immediately be mailed by the department to the
sheriff, chief of police, and district attorney of the locality in
which the premises are situated, to the city or county planning
director, whoever has jurisdiction, the board of supervisors of the
county in which the premises are situated, if within an
unincorporated area, and to the city council or other governing body
of the city in which the premises are situated, if within an
incorporated area.
Except as specified in paragraph (2) of subdivision (e) of Section
23800, no license shall be issued or transferred by the department
until at least 30 days after the mailing by the department of the
notices required by this section. The department may extend the
30-day period specified in the preceding sentence for a period not to
exceed an additional 20 days, upon the written request of any local
law enforcement agency that states proper grounds for extension.
Proper grounds for extension are limited to the requesting agency or
official being in the process of preparing either a protest or
proposed conditions with respect to the issuance or transfer of a
license.