SECTIONS 24300-24400 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 24300-24400

24300. (a) Any hearings held on a protest, accusation, or petition
for a license shall be held in the county in which the premises or
licensee is located; provided, that hearings before the department
itself on reconsideration or under subdivision (c) of Section 11517
of the Government Code may be held at any place in the state where
the department is meeting. Except as provided in Section 24203 and in
this section, the proceedings shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and in all cases the department shall
have all the powers granted therein. The department, in its
exclusive discretion, shall consider scheduling the hearing at a
time, including evening hours, and at a place convenient to all
parties to a proceeding, including those witnesses required to be
present, and the public affected.
(b) Notwithstanding the provisions of subdivision (a), if a
protest is filed against an application for a license and the
proposed premises are located within a city, the department may, in
its discretion, hold the hearing within that city, unless the protest
is filed by the governing body of the city, in which case the
department shall hold the hearing within that city.

24310. (a) Any person requesting a transcript from the department
in a case on appeal to the Alcoholic Beverage Control Appeals Board,
shall pay the transcript cost specified in Section 69950 of the
Government Code. Any actual cost in excess thereof shall be paid by
the Appeals Board from the Alcoholic Beverage Control Appeals Fund.
(b) A party in a case on appeal to the Appeals Board who, in 1983
or 1984, has paid that portion of the transcript fee in excess of the
fee specified in Section 69950 of the Government Code shall be
refunded that excess by payment from the Alcoholic Beverage Control
Appeals Fund, providing the Appeals Board has not issued a dismissal
or other final decision in the case on appeal.

24400. Notwithstanding any other provision of law, two or more
retail licensees of the same type may agree to group purchase
distilled spirits and wine from a licensed wholesaler or rectifier
through a designated agent, subject to the following restrictions:
(a) The designated agent shall hold a retail license of the same
type operating a premises in the same county or counties as the
purchasing group.
(b) No retailer shall have more than one designated agent nor
shall an agent make purchases for more than one group.
(c) The merchandise purchased for each group shall be delivered to
and stored in either a single licensed premises or a single
warehouse located in the same county as the premises of the
purchasing group and such delivery shall be a single delivery within
two consecutive business days at the discount in effect on the day
the delivery was commenced. Saturday, Sunday, and holidays shall not
be deemed business days.
(d) A record of purchase shall be made by the agent on a master
purchase order. Each purchasing retailer shall furnish the designated
agent with a signed order setting forth such licensee's purchase, to
be attached to and become a part of the master order. Master and
individual orders shall be maintained in compliance with Section
25752 and fiscal liability shall extend in so far as the amount of
the purchase designated and delivered for each individual retailer of
the purchasing group is subject to the provisions of Section 25509.
(e) The merchandise shall be deemed to have been received by each
retailer member of the purchasing group when delivered to the
designated premises.
(f) When a group buying member has not made payment in full by the
expiration of the 30th day from date of delivery or has not paid the
one percent charge at the expiration of the 30th day from the date
the charge became due, such group buying member shall be expelled
from the buying group and prohibited from rejoining that group or
joining any other such group until such time that all payments have
been received for the merchandise sold and delivered to such retailer
more than 30 days previously.