Cal. Code Regs. Tit. 4, § 69 - Drawings for Priority of Obtaining Limited General Alcoholic Beverage Licenses
(a) The
intent of this regulation is to establish the processes and procedures for the
department to conduct yearly priority drawings pursuant to Business and
Professions Code section
23961
for general licenses in counties throughout the state.
(b) Definitions for use in Title 4 California
Code of Regulations Sections 69-69.4:
(1)
"Count" means the number of on-sale general licenses and off-sale general
licenses, including both issued licenses and pending applications, within a
county that are limited by population pursuant to Business and Professions Code
sections
23816
and
23817.
(2) "Department" means the California
Department of Alcoholic Beverage Control.
(3) "Formal application" means a full
licensing application for an alcoholic beverage license pursuant to Business
and Professions Code sections
23950-
23954.
(4) "Intercounty transfer" means a transfer
of either an on-sale general license or an off-sale general license from one
county in the state to another county in the state.
(5) "Off-sale general license" means any
alcoholic beverage license described in Business and Professions Code section
23394
and
23826.5.
(6) "On-sale general license" means any
alcoholic beverage license described in Business and Professions Code sections
23396,
23396.1,
23396.2,
23396.3,
23826,
23826.7,
23826.9,
23826.10,
23826.11,
23826.12,
23826.13,
23826.14,
23827.
(7) "Population" means the estimated county
population as determined by Business and Professions Code section
23818.
(8) "Priority application" means an
application as prescribed by Title 4 California Code of Regulations section
69.2 for an individual or entity to
participate in a priority drawing pursuant to Business and Professions Code
section
23821
and
23961.
(9) "Priority application period" is the time
prescribed by Business and Professions Code section
23821
that the department will accept priority applications to participate in a
priority drawing.
(10) "Priority
drawing" means the random selection of applicants by the department and
granting applicants priority to apply for on-sale general licenses, off-sale
general licenses, the intercounty transfer of on-sale general licenses, or the
intercounty transfer of off-sale general licenses, on a yearly basis pursuant
to Business and Professions Code section
23961.
(11) "Priority winner" means a priority
applicant who is chosen in a priority drawing, or as a replacement for a former
priority winner, and can submit a formal application to the department for one
of the limited licenses available in a county.
(12) "Residency" means an individual living
in California, a California business with valid articles of incorporation, or
any business registered with the California Secretary of State to do business
in California.
Notes
Note: Authority cited: Sections 23820, 23821, 23959 and 23961, Business and Professions Code. Reference: Sections 23394, 23396, 23396.1, 23396.2, 23396.3, 23816, 23817, 23818, 23821, 23826, 23826.5, 23826.7, 23826.9, 23826.10, 23826.11, 23826.12, 23826.13, 23826.14, 23827, 23950, 23951, 23952, 23953, 23954, 23954.6, 23959, 23961 and 24070, Business and Professions Code.
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