JurisdictionCaliforniaCode BPCBusiness 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
This text of California § 23826.20. (23826.20. (Added by Stats. 2024, Ch. 312, Sec. 1.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)For purposes of this section, “retail center” means a multitenant shopping center that contains at least 300,000 square feet of retail shopping space open to the public.
(b)
(1)Notwithstanding any other provision of this chapter, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places in the County of El Dorado, and a total
of 10 additional new original on-sale general licenses for bona fide public eating places in the County of Placer.
(A)The department shall not issue more than four licenses under this section, per county, in the first year after this section takes effect.
(B)To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall be
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(a)
For purposes of this section, “retail center” means a multitenant shopping center that contains at least 300,000 square feet of retail shopping space open to the public.
(b)
(1)
Notwithstanding any other provision of this chapter, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places in the County of El Dorado, and a total
of 10 additional new original on-sale general licenses for bona fide public eating places in the County of Placer.
(A)
The department shall not issue more than four licenses under this section, per county, in the first year after this section takes effect.
(B)
To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall be located in a retail center. The department shall issue at least three of the licenses authorized by this
section, per county, for a premises located in a retail center that contains at least 1,000,000 square feet of retail shopping space open to the public.
(C)
A licensee that holds an on-sale general license for a bona fide public eating place that is in a retail center shall not be eligible to apply for a license under this section for the same licensed premises.
(2)
A county board of supervisors may submit a resolution to the department by July 1 of any year in which licenses authorized by this section have not been issued that further restricts the maximum number of licenses that may be issued in that county pursuant to paragraph (1). If the county board of supervisors does not submit a resolution, the department may issue any licenses that have
not been issued.
(c)
In issuing any license pursuant to this section, the department shall follow the procedure set forth in Section 23961.
(d)
This chapter does not prohibit a person that currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section.
(e)
(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 this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.
(f)
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.
(g)
Following the cancellation or revocation of a license issued under this section, the department may issue one additional license pursuant to the procedures set forth in Section 23961 and this section.