§ 23826.10. — 23826.10. (Amended by Stats. 2020, Ch. 53, Sec. 1.)

California § 23826.10.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 9.: DIVISION 9. ALCOHOLIC BEVERAGES
• Ch. 5.: CHAPTER 5. Restrictions on Issuance of Licenses
• Art. 2.: ARTICLE 2. Limitation on Number of Licensed Premises

Text

(a)
(1)
Notwithstanding any other provision of this chapter, in any county of the 29th class, commencing January 1, 2009, the department may issue five additional new original on-sale general licenses for bona fide public eating places per year, for a period of three years. Any premises to qualify for a license under this paragraph shall have a seating capacity for 50 or more diners. In no event shall more than 15 on-sale general licenses for bona fide eating places be issued under this paragraph.
(2)
Notwithstanding any other provision of this chapter, in any county of the 29th class, the department, in addition to those licenses issued pursuant to paragraph (1), may
issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places from January 1, 2017, to December 31, 2017, inclusive. Any premises to qualify for a license under this paragraph shall have a seating capacity for 25 or more diners.
(3)
Notwithstanding any other provision of this chapter, in any county of the 29th class, commencing January 1, 2018, in addition to those licenses issued pursuant to paragraphs (1) and (2), the department may issue five additional new original on-sale general licenses for bona fide public eating places per year, for a period of four years. Any premises to qualify for a license under this paragraph shall have a seating capacity for 25 or more diners. In no event shall more than 20 on-sale general licenses for bona fide eating places be issued under this
paragraph.
(4)
Notwithstanding any other provision of this chapter, in any county of the 29th class, commencing January 1, 2021, in addition to those licenses issued pursuant to paragraphs (1) to (3), inclusive, the department may issue 10 additional new original on-sale general licenses for bona fide public eating places per year, for a period of five years. Any premises to qualify for a license under this paragraph shall have a seating capacity for 25 or more diners.
(b)
In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.
(c)
Nothing in this chapter shall prohibit a person who currently holds a valid on-sale general license for
seasonal business from applying for an original on-sale general license pursuant to this section.
(d)
(1)
A license issued under this section shall not be transferred from one county to another nor shall it be transferred to any premises not qualifying under this section.
(2)
A license issued under paragraph (3) or paragraph (4) of subdivision (a) on and after January 1, 2021, shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.
(e)
The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license
privileges or restrictions established by this section.

Legislative History

Amended by Stats. 2020, Ch. 53, Sec. 1. (AB 2459) Effective January 1, 2021.