§ 23320.4. — 23320.4. (Added by renumbering Section 23320.3 by Stats. 2021, Ch. 11, Sec. 1.)

California § 23320.4.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 9.: DIVISION 9. ALCOHOLIC BEVERAGES
• Ch. 3.: CHAPTER 3. Licenses and Fees
• Art. 2.: ARTICLE 2. Fees

Text

(a)
(1)
For the purpose of providing economic relief to licensees most severely impacted by the COVID-19 pandemic, the department may waive license renewal fees for licenses with expiration dates between March 1, 2021, and February 28, 2023, inclusive, as provided in this section.
(2)
The waiver of license renewal fees shall apply only to the following license types that were active, as defined by the department in its guidelines, between March 1, 2020, and December 31, 2020, inclusive: 02, 23, 40, 41, 42, 47, 48, 49, 50, 51, 52, 57, 58, 59, 60, 61, 64, 68, 69, 71, 72, 74, 75, 76, 77, 78, 83, 86, 87, and 99. Waiver of license renewal fees for a Type 02 license under this section shall apply only to the fees charged pursuant to subparagraphs
(A), (B), and (C) of paragraph (2) of subdivision (b) of Section 23320, using production volumes as reported pursuant to Section 23327 for the fiscal year ending on the same date of the expiring license. Type 02 license renewal fees charged pursuant to subparagraph (D), (E), (F), or (G) of paragraph (2) of subdivision (b) of Section 23320 shall not be eligible for a waiver under this section.
(b)
(1)
A licensee may request a fee waiver in the manner provided by the department and shall certify under penalty of perjury that they qualify for the fee waiver as provided. The request shall be complete and received by the department before the expiration of the license for which the waiver is requested, including any authorized extensions thereto.
(2)
For licenses that expire during the first full three months following enactment of this section, the department may
extend license renewal dates, not to exceed 60 days, as necessary to effectuate the intent of this section and to allow licensees a reasonable amount of time to request a fee waiver.
(3)
If the licensee does not request the fee waiver in the manner prescribed in paragraph (1), the licensee shall not be eligible for a fee waiver and shall thereafter pay the license renewal fees, together with any penalties that may be applicable under Section 24048.
(4)
The department shall not refund any license renewal fees paid before the enactment of this section or the submission of a waiver request by a licensee.
(c)
(1)
The department shall establish and publish on its internet website the requirements and guidelines for submitting a fee waiver request and the manner of certification.
(2)
The requirements, guidelines, and the manner of certification for waivers under this section implemented by the department are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).
(d)
For purposes of this section, “license renewal fees” means fees payable pursuant to Section 23320, and applicable surcharges collected with those fees in accordance with Sections 23053.5, 23083.5, and 23320.5.

Legislative History

Added by renumbering Section 23320.3 by Stats. 2021, Ch. 11, Sec. 1. (AB 83) Effective March 17, 2021.