SECTIONS 24040-24051 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 24040-24051

24040. Each license shall be issued to a specific person and,
except in the case of licenses authorizing the sale of alcoholic
beverages on trains or boats, or the service of alcoholic beverages
on airplanes shall be issued for a specific location, the principal
address of which shall be indicated on the license. Except as
provided in Section 24044, any license issued for a specific location
shall be placed in use at that location within 30 days of the date
of issuance.

24041. Separate licenses shall be issued for each of the premises
of any business establishment having more than one location, except
as provided for in Sections 23355.1, 23388, 23389, and 23390, except
that any manufacturer, importer, or wholesaler may receive, store,
and deliver wine as specified in its license, at and from a public
warehouse licensed by the department, without holding an additional
license at the warehouse. A license at a public warehouse shall be
required by an out-of-state business whose alcoholic beverages come
to rest, are stored, and shipped from a public warehouse in
California. The holder of a public warehouse license maintaining or
operating more than one public warehouse in this state shall be
required to obtain but one license for all of his or her public
warehouse establishments. A copy of the original public warehouse
license issued to a public warehouseman maintaining or operating more
than one public warehouse in this state shall be posted in each of
his or her public warehouse establishments. A charge of one dollar
($1) shall be made by the department for each copy of a public
warehouse license issued to a public warehouseman.

24041.5. The provisions of this division do not prohibit the
issuance of an off-sale general license for use on part of the same
premises for which an off-sale beer and wine license has been issued
and is in force, when the two licenses would be held by different
persons, provided that such issuance shall be pursuant to rules
adopted by the department.

24042. Any licensee under an on-sale general license or an on-sale
general license for seasonal business who maintains upon or within
the premises for which the license is issued more than one room in
which there is regularly maintained a fixed counter or service bar at
which distilled spirits are served to members of the public for
consumption within the licensed premises shall obtain from the
department, and the department may upon request issue, a duplicate of
his or her original license for each room, in excess of one,
containing a fixed counter or service bar and shall post a duplicate
of his or her original license in each room. Failure to obtain the
duplicate licenses and to pay the fees and renewal fees, as specified
in Section 23320, shall subject the licensee to the penalties
imposed by this division for failure to obtain an original license or
to pay the renewal fees therefor.
The duplicate license may be issued to a room reserved for the
exclusive use of designated patrons, provided that the department
shall, in the event the license is issued, endorse upon the license
the terms and conditions under which the privileges conferred by the
said license may be exercised, and provided further that upon the
receipt by the department of the request for the duplicate license
written notice thereof which shall consist of a copy of the request
shall immediately be mailed by the department to the sheriff or chief
of police within whose jurisdiction the premises are situated and no
duplicate license shall be issued by the department until at least
30 days after such mailing. Upon receipt by the department within 30
days of a protest by the sheriff or chief of police within whose
jurisdiction the premises are situated, the department shall not
issue the duplicate license until after a hearing is held by the
department within the county or city affected and said hearing shall
be conducted in accordance with Chapter 5 (commencing with Section
11500), Part 1, Division 3, Title 2 of the Government Code and the
department shall have all the powers granted therein.
A licensee under an on-sale general license, or an on-sale general
license for seasonal business, issued for a bona fide public eating
place may obtain a duplicate license or licenses under this section
for rooms which constitute public premises, as defined in Section
23039, and a licensee under the license issued for public premises
may obtain a duplicate license or licenses under this section for
rooms which constitute bona fide public eating places, except that a
duplicate license or licenses for rooms which constitute bona fide
public eating places shall only be issued after the department has
made the investigation and determination required by Section 23787.
Rooms which constitute bona fide public eating places shall not be
considered public premises, as defined in Section 23039, and the
provisions of this division applicable solely to these public
premises shall not be applicable to these rooms.

24042.5. Notwithstanding any other provision of this division, any
licensee under an on-sale general or on-sale general license for
seasonal business who has a premises with a fixed counter or service
bar in one room of the premises for the service of distilled spirits
to members of the public for consumption on the premises and who has
other rooms on the premises which can be utilized for the same
purposes by means of a portable bar counter may elect to request the
department to license the portable bar counter itself rather than the
additional rooms as provided in Section 24042. However, if two or
more portable bar counters are utilized at the same time, in the same
room, only one portable bar shall be required to be licensed. The
licensee shall pay to the department at the time of the application
for each portable bar counter an amount equal to the license fee
payable for a like period for the distilled spirits privileges of the
original on-sale general license or on-sale general license for
seasonal business. Failure to obtain the portable bar counter license
and to pay the fees and renewal fees, as specified in Section 23320,
shall subject the licensee to the penalties imposed by this division
for failure to obtain an original license or pay the renewal fees
therefor.

24043. Licenses for trains and boats shall be based on the average
number in actual operation during the license year of each class of
operating units, namely, trains and boats upon which the license
privileges are exercised. The average number in actual operation
shall be determined as the department may prescribe.

24044. Licenses for the retail sale of alcoholic beverages may be
issued for or transferred to premises which are to be constructed or
which are in the process of construction. No alcoholic beverages
shall be sold pursuant to the license until the premises have been
completed.

24044.5. (a) The department, in its discretion, may issue an
interim operating permit to an applicant for any license to operate
the premises during the period an application for a license at the
premises is pending and when all of the following conditions exist:
(1) The application has been protested pursuant to Article 3
(commencing with Section 24011).
(2) The department has made a determination based upon its
investigation that the license should be issued.
(3) The applicant for the interim operating permit has filed with
the department an application for issuance of a license at the
premises to himself or herself.
(4) The application for the interim operating permit is
accompanied by a fee of one hundred dollars ($100).
(b) An interim operating permit issued by the department pursuant
to this section shall be for a period not to exceed 120 days. An
interim operating permit may be extended at the discretion of the
department for additional 120-day periods as necessary upon payment
of an additional fee of one hundred dollars ($100) and upon
compliance with all conditions required by this section. Any interim
operating permit issued by the department shall be automatically
canceled when a final determination made by the department regarding
the protests becomes effective or when the application for the
license is withdrawn, whichever occurs first. An interim operating
permit is a conditional permit and authorizes the holder to whom
issued to exercise the rights and privileges of the license for which
the application has been filed with the department. Any conditions
for which the applicant has petitioned pursuant to Article 1.5
(commencing with Section 23800) of Chapter 5 shall apply to any
interim operating permit issued by the department.
(c) Purchase of beer and wine by the holder of an interim
operating permit issued to an applicant for a retail license shall be
made only upon payment before or at the time of delivery in currency
or by check. Purchase of distilled spirits by the holder of an
interim operating permit issued to an applicant for a retail license
shall be made only upon payment before or at the time of delivery in
currency or by certified check. However, the holder of an interim
operating permit issued to an applicant for a retail license, who
also holds one or more retail licenses and is operating under the
retail license or licenses in addition to the interim operating
permit, and who is not delinquent under the provisions of Section
25509 as to any retail license under which he or she operates, may
purchase alcoholic beverages on credit under the interim operating
permit.
(d) All checks received by a seller for beer or wine purchased by
the holder of an interim operating permit issued to an applicant for
a retail license shall be deposited not later than the second
business day following the date the beer or wine is delivered.
A check dishonored on presentation shall not be deemed payment.
The receipt by the seller or his or her agent in good faith from a
holder of an interim operating permit of a check dishonored on
presentation shall not be cause for disciplinary action against the
seller.
(e) Issuance of the license for which the holder of an interim
operating permit issued to an applicant for a retail license has
filed an application shall not be approved by the department until
the holder of the interim operating permit has filed with the
department a statement executed under penalty of perjury that all
current obligations have been discharged, and that all outstanding
checks issued by him or her in payment for alcoholic beverages will
be honored on presentation.
(f) It shall not be a violation of this section or grounds for
disciplinary action for any licensee to extend credit to the holder
of an interim operating permit issued to an applicant for a retail
license or to receive payment from the holder of an interim operating
permit in a manner other than authorized herein unless the seller
has knowledge of the fact that the purchaser was operating under an
interim operating permit. Knowledge of the fact may be established by
evidence, including, but not limited to, evidence that, at the time
of receipt of payment or the extension of credit, the premises
operated under an interim operating permit were posted with the
notice required by Section 23985, or the holder of the interim
operating permit has recorded notice as required by Section 24073, or
the holder of the interim operating permit has published notice as
required by Section 23986, or the holder of the interim operating
permit has recorded and published notice pursuant to Division 6
(commencing with Section 6101) of the Commercial Code.
(g) Refusal by the department to issue or extend an interim
operating permit shall not entitle the applicant to petition for the
permit pursuant to Section 24011, or to a hearing pursuant to Section
24012. Articles 2 (commencing with Section 23985) and 3 (commencing
with Section 24011) shall not apply to interim operating permits.
(h) Notwithstanding any other provision of law, the department
may, in its discretion, cancel or suspend summarily at any time an
interim operating permit if the department determines that good cause
for the cancellation or suspension exists. Chapter 8 (commencing
with Section 24300) shall not apply to interim operating permits.
(i) Application for an interim operating permit shall be on any
form the department shall prescribe. If an application for an interim
operating permit is withdrawn before issuance or is refused by the
department, the fee that accompanied the application shall be
refunded in full, and Section 23959 shall not apply. Fees received by
the department for issuance of interim operating permits shall be
deposited in the Alcohol Beverage Control Fund as provided in Section
25761.

24045. (a) All licenses, except on-sale general licenses for
seasonal businesses and daily on-sale general licenses issued
pursuant to Section 24045.1, shall be issued on an annual basis.
However, the department may issue special licenses for the sale of
beer or wine on a temporary basis for premises temporarily occupied
by the licensee for a picnic, social gathering, or similar occasion
at a fee equal to the actual cost of issuing the license, but not to
exceed twenty-five dollars ($25) per day.
(b) Notwithstanding subdivision (a), a license transferred
pursuant to Section 24071 or 24071.1 shall be issued for the
unexpired term remaining on the license of the transferor.
(c) The director may assign or reassign dates for the expiration
of licenses issued pursuant to this section. The director may
establish a registration year for any license issued pursuant to
subdivision (a) consisting of any period from six months to 18
months, inclusive, and shall prorate related annual fees to the
extent the registration year is greater or less than 12 months, with
subsequent renewals being required at yearly intervals.

24045.1. The department, in its discretion, may issue on a
temporary basis a daily on-sale general license and the fee for such
license shall be twenty-five dollars ($25) per day. Such license
authorizes the sale of distilled spirits, wine, and beer for
consumption on the premises where sold, and no off-sale privileges
shall be exercised under such license. A daily on-sale general
license may only be issued to a political party or affiliate
supporting a candidate for public office or a ballot measure, an
organization formed for a specific charitable or civic purpose, a
fraternal organization in existence for over five years with a
regular membership, or a religious organization. Distilled spirits
sold under a daily on-sale general license shall have been purchased
at retail from the holder of an off-sale general license.
The department may adopt such rules as it determines to be
necessary to implement and administer the provisions of this section,
including, but not limited to, limitations on the number of times
during any calendar year a qualified organization may be issued a
license provided for by this section.
The provisions of Article 2 (commencing with Section 23815) of
Chapter 5 and Article 2 (commencing with Section 23985) of Chapter 6
of this division shall not be applicable to the licenses provided for
by this section.

24045.2. (a) The department may issue a special temporary retail
package off-sale beer and wine license to: (1) a television station,
supported wholly or in part by public membership subscription, which
is a nonprofit, charitable corporation exempt from payment of income
taxes under the provisions of the Internal Revenue Code of 1954 of
the United States, or (2) a nonprofit, charitable corporation exempt
from payment of income taxes under the provisions of the Internal
Revenue Code of 1954 of the United States that receives and
administers donations for a noncommercial, educational television
station or public broadcasting station supported wholly or in part by
public membership subscription. An applicant for this license shall
accompany the application with a fee of one hundred dollars ($100).
(b) This license shall only entitle the licensee to sell at
auction beer and wine donated to it. Notwithstanding any other
provision of this division, a licensee may donate beer, wine, or both
beer and wine, to a corporation licensed under this section,
provided donations are not made in connection with a sale of an
alcoholic beverage.
(c) This license shall be for a period not exceeding 30 days. Only
one license shall be issued to any corporation in a calendar year.

24045.3. (a) The department may issue a special temporary retail
package off-sale beer and wine license to a women's educational and
charitable organization that is a part of a national organization
having at least 10 chapters in California at least one of which has
been incorporated since 1928, whose purpose is to foster interest
among its members in the social, economic, and civic conditions of
their community and to give effective volunteer service. An applicant
for this license shall accompany the application with a fee of one
hundred dollars ($100).
(b) This license shall only entitle the licensee to sell at
auction for charitable purposes beer and wine donated to it. None of
the funds realized from this auction shall be used for the
administrative expenses of the auction and all funds shall be placed
in trust for a charitable purpose. Notwithstanding any other
provision of this division, a licensee may donate beer and wine to an
organization licensed under this section, provided that donations
are not made in connection with a sale of an alcoholic beverage.
(c) This license shall be for a period not exceeding one day. Only
one license shall be issued to any organization in a calendar year.

24045.4. (a) The department may issue a special temporary off-sale
general license to any nonprofit corporation which is exempt from
payment of income taxes under the provisions of Section 23701d of the
Revenue and Taxation Code and Section 501(c)(3) of the Internal
Revenue Code of the United States. An applicant for this license
shall accompany the application with a fee of one hundred dollars
($100).
(b) This license shall only entitle the licensee to sell at
auction alcoholic beverages donated to it. Notwithstanding any other
provision of this division, a licensee may donate alcoholic beverages
to a corporation licensed under this section, provided that
donations are not made in connection with a sale of an alcoholic
beverage.
(c) This license shall be for a period not exceeding 30 days. Only
three licenses authorized by this section shall be issued to any
corporation in a calendar year.

24045.5. The department in its discretion may issue a temporary
permit to the transferee of any license to continue the operation of
the premises during the period a transfer application for the license
from person to person at the same premises is pending and when all
the following conditions exist:
(a) The premises shall have been operated under a license within
30 days of the date of filing the application for a temporary permit.
(b) The license for the premises shall have been surrendered
pursuant to rules of the department.
(c) The applicant for the temporary permit shall have filed with
the department an application for transfer of the license at the
premises to himself or herself.
(d) The application for the temporary permit shall be accompanied
by a temporary permit fee of one hundred dollars ($100).
A temporary permit issued by the department pursuant to this
section shall be for a period not to exceed four calendar months. A
temporary permit may be extended at the discretion of the department
for an additional four calendar months upon payment of an additional
fee of one hundred dollars ($100) and upon compliance with all
conditions required herein. A temporary permit is a conditional
permit and authorizes the holder thereof to sell the alcoholic
beverages as would be permitted to be sold under the privileges of
the license for which the transfer application has been filed with
the department.
Purchase of beer, wine, and distilled spirits by the holder of a
temporary permit shall be made only upon payment before or at the
time of delivery in currency or by check. However, the holder of a
temporary retail permit who also holds one or more retail licenses
and is operating under the retail license or licenses in addition to
the temporary permit, and who is not delinquent under the provisions
of Section 25509 as to any retail license under which he or she
operates, may purchase alcoholic beverages on credit under the
temporary permit.
All checks received by a seller for alcoholic beverages purchased
by the holder of a temporary retail permit shall be deposited not
later than the second business day following the date the alcoholic
beverages are delivered.
A check dishonored on presentation shall not be deemed payment.
The receipt by the seller or his or her agent in good faith from a
holder of a temporary permit of a check dishonored on presentation
shall not be cause for disciplinary action against the seller.
Transfer of the license for which the holder of a temporary permit
has filed an application shall not be approved by the department
until the holder of the temporary permit has filed with the
department a statement executed under penalty of perjury that all
current obligations have been discharged, and that all outstanding
checks issued by him or her in payment for alcoholic beverages will
be honored on presentation.
It shall not be a violation of this section or otherwise grounds
for disciplinary action for any licensee to extend credit to the
holder of a temporary permit or to receive payment from the permittee
in a manner other than authorized herein unless the seller had
knowledge of the fact that the purchaser was operating under a
temporary permit. Knowledge of the fact may be established by
evidence, including, but not limited to, evidence that, at the time
of receipt of payment or the extension of credit, the premises
operated under a temporary permit were posted with the notice
required by Section 23985, or the holder of the temporary permit had
recorded notice as required by Section 24073, or the holder of the
temporary permit had published notice as required by Section 23986,
or the holder of the temporary permit had recorded and published
notice pursuant to Division 6 (commencing with Section 6101) of the
Commercial Code.
Refusal by the department to issue or extend a temporary permit
shall not entitle the applicant to petition for the permit pursuant
to Section 24011, or to a hearing pursuant to Section 24012. Articles
2 (commencing with Section 23985) and 3 (commencing with Section
24011) shall not apply to temporary permits.
Notwithstanding any other provision of law, a temporary permit may
be canceled or suspended summarily at anytime if the department
determines that good cause for the cancellation or suspension exists.
Chapter 8 (commencing with Section 24300) shall not apply to
temporary permits.
Application for a temporary permit shall be on any form the
department shall prescribe. If an application for a temporary permit
is withdrawn before issuance or is refused by the department, the fee
which accompanied the application shall be refunded in full, and
Section 23959 shall not apply. Fees received by the department for
issuance of temporary permits shall be deposited in the Alcohol
Beverage Control Fund as provided in Section 25761.

24045.6. (a) The department may issue a special temporary on-sale
or off-sale wine license to any nonprofit corporation that is exempt
from payment of income taxes under Section 23701d or 23701e of the
Revenue and Taxation Code and Section 501(c)(3) or 501(c)(6) of the
Internal Revenue Code. An applicant for this license shall accompany
the application with a fee of one hundred dollars ($100).
(b) This special license shall only entitle the licensee to sell
wine bought by, or donated to, the licensee to a consumer and to any
person holding a license authorizing the sale of wine.
Notwithstanding any other provision of this division, a licensee may
donate or sell wine to a nonprofit corporation that obtains a special
temporary on-sale or off-sale license under this section, provided
that the donation is not made in connection with a sale of an
alcoholic beverage.
(c) This special license shall be for a period not exceeding 15
days. In the event the license under this section is issued for a
period exceeding two days, it shall be used solely for retail sales
in conjunction with an identifiable fundraising event sponsored or
conducted by the licensee and all bottles of wine sold under this
license shall bear a label prominently identifying the event. Only
three special licenses authorized by this section shall be issued to
any corporation in a calendar year.

24045.7. (a) (1) The department may issue a special on-sale general
license to any nonprofit theater company that is exempt from the
payment of income taxes under Section 23701d of the Revenue and
Taxation Code and Section 501(c)(3) of the Internal Revenue Code of
the United States. Any special on-sale general license issued to a
nonprofit theater company pursuant to this subdivision shall be for a
single specified premises only.
(2) Theater companies holding a license under this subdivision
may, subject to Section 25631, sell and serve alcoholic beverages to
ticketholders only during, and two hours prior to and one hour after,
a bona fide theater performance of the company.
(3) Notwithstanding any other provision in this division, a
licensed manufacturer, winegrower, manufacturer's agent, California
winegrower's agent, rectifier, distiller, bottler, importer, or
wholesaler, or any officer, director, employee, or agent of that
person, may serve on the board of trustees or as an officer,
director, or employee of a nonprofit theater company operating a
theater in Napa County or the City of Livermore licensed pursuant to
this subdivision.
(4) An applicant for such a license shall accompany the
application with an original issuance fee of one thousand dollars
($1,000) and shall pay an annual renewal fee as provided in Section
23320.
(5) The Legislature finds that it is necessary and proper to
require a separation between manufacturing interests, wholesale
interests, and retail interests in the production and distribution of
alcoholic beverages in order to prevent suppliers from dominating
local markets through vertical integration and to prevent excessive
sales of alcoholic beverages produced by overly aggressive marketing
techniques. The Legislature further finds that the exceptions
established by this subdivision to the general prohibition against
tied interests must be limited to their express terms so as not to
undermine the general prohibition, and intends that this section be
construed accordingly.
(b) (1) The department may issue a special on-sale beer and wine
license to any nonprofit theater company which has been in existence
for at least eight years, which for at least six years has performed
in facilities leased or rented from a local county fair association,
and which is exempt from the payment of income taxes under Section
23701d of the Revenue and Taxation Code and Section 501(c)(3) of the
Internal Revenue Code of the United States.
(2) Theater companies holding a license under this subdivision
may, subject to Section 25631, sell and serve beer and wine to
ticketholders only during, and two hours prior to, a bona fide
theater performance of the company. Beer and wine may be sold from an
open-air concession stand which is not attached to the theater
building itself, if the concession stand is located on fair
association property within 30 feet of the theater building and the
alcoholic beverages sold are consumed only in the theater building
itself, or within a designated outdoor area in front of and between
the concession stand and the main public entrance to the theater
building. Nothing in this section permits a theater company to sell
beer or wine during the run of a county fair.
(3) An applicant for a license under this subdivision shall
accompany the application with an original issuance fee equal to the
annual renewal fee and shall pay an annual renewal fee as provided in
Section 23320.

24045.8. (a) The department may issue a special temporary off-sale
wine license (1) to an executor, administrator, guardian or
conservator of an estate, or to an auctioneer acting as an agent of
any of the foregoing for the purpose of conducting a sale or auction
of bottled wine to nonlicensees pursuant to Section 23104.4, or (2)
to a sheriff or a person appointed by the court to execute a court
order or writ of execution, for the purpose of conducting a sale of
bottled wine to nonlicensees pursuant to Section 23104.5. An
applicant for such a license shall accompany the application with a
fee of one hundred dollars ($100).
(b) Such a license shall only entitle the licensee to sell or
auction bottled wine included in the inventory of alcoholic
beverages.
(c) Such a license shall be for the period required to dispose of
the bottled wine to be sold or auctioned, or until the closing of the
estate or execution of the court order or writ of execution,
whichever occurs first.
(d) The department shall adopt such rules as it determines to be
necessary to implement and administer the provisions of this section.

24045.85. The department may issue a special on-sale beer, wine, or
distilled spirits license to any symphony association organized as a
nonprofit corporation more than 30 years before the date of
application and which is exempt from the payment of income taxes
under Section 23701d of the Revenue and Taxation Code and Section 501
(c)(3) of the Internal Revenue Code of 1954 of the United States.
A symphony association holding a license under this section may
sell and serve alcoholic beverages only to persons attending concerts
on the licensed premises. Sales of alcoholic beverages shall only be
permitted, subject to Section 25631, during the period commencing
two hours before the performance and ending one hour after the
performance.
The applicant for a license shall accompany the application with
an original fee of three hundred dollars ($300) and shall pay an
annual renewal fee as provided in Section 23320.
Original licenses may be issued pursuant to this section until
January 1, 1987; thereafter no new licenses shall be issued. Licenses
originally issued pursuant to this section prior to January 1, 1987,
may continue to be renewed annually by the holder thereof.

24045.9. (a) The department may issue a special temporary on-sale
beer and wine license to: (1) a television station, supported wholly
or in part by public membership subscription, which is a nonprofit,
charitable corporation exempt from payment of income taxes under the
provisions of the Internal Revenue Code of 1954 of the United States,
or (2) a nonprofit, charitable corporation exempt from payment of
income taxes under the provisions of the Internal Revenue Code of
1954 of the United States which receives and administers donations
for a noncommercial, educational television station or public
broadcasting station supported wholly or in part by public membership
subscription. An applicant for this license shall accompany the
application with a fee of one hundred dollars ($100).
(b) This license shall only entitle the licensee to sell and serve
beer and wine donated to it. Notwithstanding any other provision of
this division, a licensee may donate beer or wine to a corporation
licensed under this section, provided that the donations are not made
in connection with a sale of an alcoholic beverage.
(c) This license shall be for a period not exceeding 30 days. Only
one license shall be issued to any corporation in a calendar year.
(d) For purposes of this section, any licensee may also serve that
beer or wine donated by him or her at any event for which the
license has been issued.
(e) The department shall adopt rules as it determines necessary to
implement and administer this section.

24045.10. (a) The department in its discretion may issue, on a
temporary basis, a daily on-sale general license for a vessel of
7,000 tons or more displacement engaged in interstate or foreign
commerce, which is located in a county of the third class.
(b) The license shall be issued to the operator of the vessel and
shall entitle the licensee to sell only alcoholic beverages on which
all applicable excise taxes have been paid only to passengers, bona
fide guests of passengers, bona fide guests of the vessel operator,
and employees not on duty and only while the vessel is berthed at a
dock in port in this state which is on the vessel's regularly
scheduled interstate or international cruise itinerary.
(c) The license shall be issued for a period not to exceed two
consecutive days. No license shall be issued for use on the same
vessel more than 24 times per calendar year.
(d) For the purpose of this section, a "bona fide guest of a
passenger" or a "bona fide guest of the operator" means an individual
whose presence as a guest on the vessel is in response to a specific
invitation by a passenger or the operator.
(e) The fee for the license shall be fifty dollars ($50) per day.
(f) Application for the license may be made by the vessel's agent
on behalf of the vessel's operator upon written authorization by the
vessel's operator.
(g) All alcoholic beverages dispensed under authority of the
license shall have been purchased from a licensed wholesaler or
winegrower in this state.

24045.11. The department may issue a special on-sale wine license
to an establishment licensed to do business as a bed and breakfast
inn.
"Bed and breakfast inn," as used in this section, means an
establishment of 20 guestrooms or less, which provides overnight
transient occupancy accommodations, which serves food only to its
registered guests, which serves only a breakfast or similar early
morning meal, and with respect to which the price of the food is
included in the price of the overnight transient occupancy
accommodation. For purposes of this section, "bed and breakfast inn"
refers to an establishment as to which the predominant relationship
between the occupants thereof and the owner or operator of the
establishment is that of innkeeper and guest. For purposes of this
section, the existence of some other legal relationships as between
some occupants and the owner or operator is immaterial.
An establishment holding a license under this section is
authorized to serve wine purchased from a licensed winegrower or wine
wholesaler only to registered guests of the establishment. Wine
shall not be given away to guests but the price of the wine shall be
included in the price of the overnight transient occupancy
accommodation. Guests shall not be permitted to remove wine served in
the establishment from the grounds.
The applicant for a license shall accompany the application with
an original fee of fifty dollars ($50) and shall pay an annual
renewal fee of six dollars ($6) for each guestroom in the
establishment until December 31, 2004, and for each year thereafter
the annual fee shall be calculated pursuant to subdivisions (c) and
(d) of Section 23320.

24045.12. (a) The department may issue a special on-sale general
license to an establishment licensed to do business as a bed and
breakfast inn.
(b) "Bed and breakfast inn," as used in this section, means an
establishment of 20 guestrooms or fewer, that provides overnight
transient occupancy accommodations, that serves food only to its
registered guests, that serves only a breakfast or similar early
morning meal, and with respect to which the price of the food is
included in the price of the overnight transient occupancy
accommodation. For purposes of this section, "bed and breakfast inn"
refers to an establishment as to which the predominant relationship
between the occupants thereof and the owner or operator of the
establishment is that of innkeeper and guest. For purposes of this
section, the existence of some other legal relationship as between
some occupants and the owner or operator is immaterial.
(c) An establishment holding a license under this section is
authorized to serve any alcoholic beverage, as defined in Section
23004, only to registered guests of the establishment. The alcoholic
beverage may not be given away to guests, but the price of the
beverage shall be included in the price of the overnight transient
occupancy accommodation. Guests may not be permitted to remove any
alcoholic beverage served in the establishment from the grounds.
(d) An establishment holding a license under this section shall
purchase all beer, wine, or distilled spirits for sale on the
licensed premises from a licensed wholesaler or winegrower.
(e) The applicant for a license shall accompany the application
with an original fee of two hundred dollars ($200) and shall pay an
annual renewal fee of fifteen dollars ($15) for each guestroom in the
establishment, not to exceed a total of two hundred dollars ($200).
(f) A special on-sale general bed and breakfast inn license may be
transferred to another person but not to another location.

24045.13. (a) The department may issue a special temporary off-sale
license to a former licensee for the limited purpose of selling any
stock of collectible beer, wine, or distilled spirits decanters
acquired when previously licensed.
(b) The fee for this license shall be one hundred dollars ($100).
(c) The license shall be issued for a period not to exceed 120
days. The license may be renewed for up to two additional 120-day
periods upon payment of an additional one hundred dollar ($100) fee
for each additional period.
(d) All money collected as fees pursuant to this section shall be
deposited in the Alcohol Beverage Control Fund as provided in Section
25761.
(e) The department may adopt rules as it determines necessary to
implement and administer this section.

24045.14. (a) Notwithstanding any other provision of this division,
the department may issue an on-sale general license to any maritime
museum association that has been organized as a nonprofit corporation
more than 40 years before the date of application, that owns in its
museum inventory not less than three vessels, each of which is 100
feet or more in length, and that is exempt from the payment of income
taxes under Section 501(c)(3) of the Internal Revenue Code of 1986.
(b) A maritime museum association holding a license under this
section may sell and serve alcoholic beverages only to persons
attending prearranged events held onboard its vessels while those
vessels are underway or while moored at their home port dock.
(c) A duplicate license shall be required for each vessel in
excess of one if alcoholic beverages are sold on the vessel more than
24 times each year.
(d) The original application shall be accompanied by a fee of five
hundred dollars ($500) and the applicant shall pay an annual renewal
fee and a renewal fee for each duplicate as provided for in
subdivision (34) of Section 23320.
(e) Original licenses may be issued pursuant to this section until
January 1, 1998.

24045.15. (a) Notwithstanding any other provision of this division,
the department may issue a special temporary on-sale or off-sale
wine license to any nonprofit corporation having an agricultural
purpose that is exempt from the payment of income taxes under Section
501(c)(5) of the Internal Revenue Code of 1986. If the nonprofit
corporation's name, or any name under which the nonprofit corporation
does business, includes the designation of an American Viticultural
Area (AVA) recognized by the United States Bureau of Alcohol, Tobacco
and Firearms (BATF), as set forth in Part 9 (commencing with Section
9.1) of Title 27 of the Code of Federal Regulations (27 C.F.R. 9.1
et seq.), the membership of the nonprofit corporation shall include a
majority of the winegrowers located in the named AVA in order to
obtain a license under this section. No more than one nonprofit
corporation located in an AVA is entitled to obtain a license under
this section. The applicant shall accompany the application with a
fee of one hundred dollars ($100).
(b) This special license shall only entitle the licensee to sell
wine donated or sold to the nonprofit corporation by the member
winegrowers to consumers for the purpose of fundraising. The wine
shall bear the brand name of the producing winery. Off-sale
privileges shall be limited to direct mail, telephone, and online
computer services. No member winegrower shall donate or sell more
than 75 cases of wine per year to the nonprofit corporation and the
nonprofit corporation shall sell no more than 1,000 cases of wine per
year under the license. If the nonprofit corporation's name or any
name under which the nonprofit corporation does business includes the
designation of an American Viticultural Area (AVA) recognized by the
United States Bureau of Alcohol, Tobacco and Firearms (BATF), as set
forth in Part 9 (commencing with Section 9.1) of Title 27 of the
Code of Federal Regulations (27 C.F.R. 9.1 et seq.), the wines sold
by the nonprofit corporation must be entitled to use the named AVA as
the appellation of origin. In order to avoid confusion between the
corporation and any winery whose name also includes the designation
of the named AVA, any advertising or solicitation for the sale of
wine under this license by the corporation shall include a statement
disclosing that the corporation is a nonprofit agricultural
organization whose members include individual winegrowers or
grapegrowers and whose purpose is to promote its agricultural region
and improve its grapes and wines. This advertising or solicitation
shall also include a complete roster of the corporation's members and
a list of the brand names, varieties, and vintages of the wines
offered for sale. The wine shall not be sold at less than its minimum
retail price.
(c) This special license shall be for a period not exceeding 60
days. Only one special license authorized by this section shall be
issued to any nonprofit corporation in a calendar year.

24045.16. Notwithstanding any other provision of this division, the
department may issue an on-sale general bona fide public eating
place license as defined by Section 23038 to any nonprofit charitable
arts trust that is exempt from the payment of income taxes under
Section 501(c)(3) of the Internal Revenue Code of 1986, as amended.
For the purposes of this section, "arts trust" means an entity
devoted to the arts and humanities which operates two or more
museums, one of which is located on a site of at least 100 acres, and
is within a facility of not less than 450,000 square feet in the
County of Los Angeles.
An arts trust holding a license under this section may, subject to
Section 25631, sell and serve alcoholic beverages to the public. In
addition, a licensee under this section may, subject to Section
25631, directly or indirectly, give or furnish alcoholic beverages to
persons at events for consumption on the premises. A premises
licensed pursuant to this section shall not be entitled to a caterer'
s permit pursuant to Section 23399, and shall not be entitled to
exercise any off-sale privileges pursuant to Section 23401.

24045.17. Notwithstanding any other provision of law, the
department may issue a general on-sale license to a person who does
not operate a bona fide eating place or other public premises who
meets all of the following:
(a) Has operated a catering business for not less than five years.
(b) Has operated or owned for not less than one year a bona fide
eating place that had a general on-sale license.
(c) Caters over 500 events annually.
(d) Serves alcoholic beverages at no more than 25 percent of the
events catered annually and has revenues from the sale of alcoholic
beverages which do not constitute more than 25 percent of his or her
total annual revenues.
(e) Obtains an annual permit to serve alcoholic beverages at
events and obtains an authorization for each event, as specified in
Section 23399.

24045.18. Notwithstanding any other provision of this division, a
beer and wine wholesaler that also holds an off-sale beer and wine
retail license and only sells wine may assist a nonprofit
organization holding a temporary wine license in conducting a
winetasting. The privilege granted under this section for a beer and
wine wholesaler that also holds an off-sale beer and wine retail
license and only sells wine shall apply only to wine produced for the
donating licensee that is labeled with a brand owned exclusively by
the donating licensee and shall include in the tasting only wine
donated by the licensee to the event.

24045.19. (a) The department may issue a special temporary on-sale
wine license to a nonprofit corporation, exempt from payment of
income taxes under Section 23701a or 23701e of the Revenue and
Taxation Code and Section 501(c)(5) or 501(c)(6) of the Internal
Revenue Code, if a majority of whose members are either licensed
winegrowers, winegrape growers, or professionals in the fields of
enology or viticulture. The license shall authorize the sale of wine
for consumption on the premises where sold, and no off-sale
privileges shall be exercised under this license. An applicant for
this license shall accompany the application with a fee equal to the
actual cost of issuing the license, but not to exceed seventy-five
dollars ($75) per day.
(b) This special license shall only entitle the licensee to sell
to the general public wine bought by, or donated to, the licensee
under either of the following conditions:
(1) The wine is sold as part of a class, seminar, or other
instructional event organized by the licensee to educate the general
public on topics related to enology or viticulture. The instruction
may include, without limitation, the history, nature, values, and
characteristics of the wines and grapes that were used to make the
wines. A single tasting of wine shall not exceed one ounce. The
licensee shall remove any wine not consumed during the instruction
that the licensee provided following the instruction.
(2) The wine is sold at a winetasting event organized by the
licensee to educate and instruct the general public with respect to
the uses and value of winegrapes from a particular agricultural
region that is related to the licensee's exempt purpose. A single
tasting of wine shall not exceed one ounce. If the licensee's name,
or any name under which the licensee does business, includes the
designation of an American appellation of origin, as defined in
Section 4.25 of Title 27 of the Code of Federal Regulations, the
wines sold by the licensee pursuant to this license shall be labeled
with the named appellation of origin, or an appellation of origin
located entirely within the named appellation of origin. The licensee
shall remove any wine not consumed during the winetasting event that
the licensee provided following the winetasting event.
(c) A class, seminar, instructional event, or winetasting event
organized pursuant to this section shall not be directed toward a
specific private brand or trade name, although private brands and
trade names may be used at the events.
(d) Only six special licenses authorized by this section shall be
issued to any single nonprofit corporation in any one calendar year.
The special license shall be for a period not to exceed two
consecutive days.
(e) Notwithstanding any other provision of this division,
licensees may donate wine or sell wine to a nonprofit corporation
that obtains a special temporary on-sale license under this section,
provided the donation is not made in connection with a sale of an
alcoholic beverage.

24046. Upon receipt of any license, the licensee shall post it in a
conspicuous place upon the licensed premises. Licenses issued for
trains, boats or airplanes may, in lieu of being posted upon the
train, boat, or airplane for which issued, be posted in such other
place in this State as the department shall designate.

24047. Whenever a license certificate is in effect and is lost or
destroyed, the department shall issue a duplicate license upon the
payment of a fee of five dollars and fifty cents ($5.50).

24048. Every license, other than a temporary license or a daily
on-sale general license issued pursuant to Section 24045.1, is
renewable unless the license has been revoked if the renewal
application is made and the fee therefor is paid. All licenses expire
at 12 midnight on the last day of the month posted on the license.
All licenses issued shall be renewed as follows:
(a) On or before the first of the month preceding the month posted
on the license, the department shall mail to each licensee at his or
her licensed premises, or at any other mailing address that the
licensee has designated, an application to renew the license.
(b) The application to renew the license may be filed before the
license expires upon payment of the annual fee as set forth in
Section 23320, 23358.3, or 23399.
(c) For 60 days after the license expires, the license may be
renewed upon payment of the annual renewal fee as set forth in
Section 23320, 23358.3, or 23399, plus a penalty fee that shall be
equal to 50 percent of the annual fee.
(d) Unless otherwise terminated, or unless renewed pursuant to
subdivision (b) or (c) of this section, a license that is in effect
on the month posted on the license continues in effect through 2 a.m.
of the 60th day following the month posted on the license, at which
time it is automatically canceled.
(e) On or before the 10th day preceding the cancellation of a
license, the department shall mail a notice of cancellation to each
licensee who has not either filed an application to renew his or her
license or notified the department of his or her intent not to do so.
Failure to mail the renewal application in accordance with
subdivision (a) or to mail the notice provided in this subdivision
shall not continue the right to a license.
(f) A license that has been canceled pursuant to subdivision (d)
of this section may be reinstated during the 30 days immediately
following cancellation upon payment by cashier's check or money order
of the annual renewal fee as set forth in Section 23320, 23358.3, or
23399, plus a penalty fee that shall be equal to 100 percent of the
annual fee. A license that has been canceled pursuant to subdivision
(d) of this section and that has not been reinstated within 30 days
pursuant to this subdivision is automatically revoked on the 31st day
after the license has been canceled.
(g) No renewal application shall be deemed filed within the
meaning of this section unless the document itself has been actually
delivered to, and the required renewal fee has been paid at, any
office of the department during office hours, or unless both the
document and fee have been filed and remitted pursuant to Section
11003 of the Government Code.

24049. The department may refuse to transfer any license when the
applicant is delinquent in the payment of any taxes due under the
Alcoholic Beverage Tax Law, the Sales and Use Tax Law, the Personal
Income Tax Law, or the Bank and Corporation Tax Law, or on unsecured
property as defined in Section 134 of the Revenue and Taxation Code,
when such tax liability arises in full or in part out of the exercise
of the privilege of an alcoholic beverage license, or any amount due
under the Unemployment Insurance Code when such liability arises out
of the conduct of a business licensed by the Department of Alcoholic
Beverage Control.

24049.5. (a) The State Board of Equalization or the Franchise Tax
Board may seize and sell the license of any off-sale or on-sale
general licensee who, upon termination of business is delinquent in
the payment of any taxes due under the Sales and Use Tax Law,
Personal Income Tax Law, or Bank and Corporation Tax Law,
respectively. In order for a seizure and sale of a license to be
accomplished under this section, the licensee shall have either
surrendered the license to the department or failed to pay the annual
renewal fee to the department. Immediately upon seizure the State
Board of Equalization or Franchise Tax Board shall give written
notice by first-class mail to the department and to the licensee of
the seizure and of the intention of the board to sell the license.
The seizure and sale shall be in accordance with the provisions of
Article 6 (commencing with Section 6796) of Chapter 6 of Part 1 of
Division 2 of the Revenue and Taxation Code or Article 4 (commencing
with Section 26221) of Chapter 23 of Part 11 of Division 2 of the
Revenue and Taxation Code, respectively, and with the provisions of
this division. Nothing within these provisions shall be construed to
permit the State Board of Equalization or Franchise Tax Board to sell
alcoholic beverages.
(b) For the purposes of this section "termination of business"
means the licensee has ceased business operations and has either
surrendered the license to the department or the license has expired
pursuant to Section 24048.
(c) The licensee may redeem the license at any time prior to the
date of sale of the license by the board or the appropriate
reinstatement deadline, whichever occurs first, by conforming to the
requirements for reinstatement of a license pursuant to subdivision
(f) of Section 24048.
The person who purchases the license at the sale may reinstate the
license by paying the applicable fees, but the transfer shall be
effective only on approval of the department after the purchaser has
complied with the requirements for transfer provided in this
division.
(d) Paragraph (1) of subdivision (a) of Section 699.720 of the
Code of Civil Procedure shall not be construed to limit the authority
of the State Board of Equalization or the Franchise Tax Board to
seize and sell licenses pursuant to this section.

24051. The department may issue and renew on-sale beer licenses for
fishing party boats on payment of the fees without regard to the
provisions of Sections 23985, 23986, 23987, 23988, 24013, 24014, or
24043.