Cal. Code Regs. Tit. 4, § 69.2 - Priority Applications to Participate in a Priority Drawing

(a) An individual or entity must submit the following information to complete a priority application for an alcoholic beverage license during a priority application period.

(1) All names of individuals and entities that will appear in the formal application for a license if the priority applicant is a priority winner.

(2) Identifying information for all individuals and entities listed in the priority application:

i. Individuals shall submit the following: name, date of birth, and the last four digits of their social security number or their state-issued driver license number or their state-issued identification card number or their passport number.

ii. A business entity shall submit the following: entity name, the date of incorporation or establishment of the entity, and the entity's California Secretary of State business identification number.

iii. A trust shall submit the following: name of the trust, the identification documents required of individuals in Title 4 California Code of Regulations section 69.2(a)(2)(i) for controlling individuals, trustees, and beneficiaries, if the trustee is not an individual, then it shall submit the identifying information required of a business entity in Title 4 California Code of Regulations section 69.2(a)(2)(ii).

(3) Declaration that all individuals and entities have established residency in California beginning at least 90 calendar days prior to the date a priority drawing will be held.

(4) Declaration that all entities and individuals listed have no direct or indirect interest in any other priority application for the same priority drawing.

(b) The applicant bears the burden for ensuring their priority application is complete and submitted to the department within the noticed priority application period.

(1) Submission of a priority application shall be either the date the department receives the priority application or the postmark date if the application is sent via the United States Postal Service.

(c) Any priority application received by the department that is incomplete or untimely shall be disqualified.

(d) The department may contact priority applicants concerning incorrect or incomplete priority applications submitted during the priority application period to inform them of the need to amend their priority application to avoid disqualification. This provision shall not be construed to require the department to contact any priority applicant or to contact all priority applicants that may have incomplete priority applications if any applicant is contacted. It shall always be the responsibility of a priority applicant to ensure its priority application is complete and accurate.

(e) If at the conclusion of the priority application period the number of applications received, excluding any applications disqualified pursuant to this section, is less than or equal to the count of available licenses for a license type available in a county, the department shall deem all priority applications received for that license type in a county a priority winner.

(f) If at the conclusion of the priority application period the number of all applications received, including the applications disqualified pursuant to this section, is less than or equal to the count of available licenses for a license type available in a county, the department shall deem all the applications for that license type in a county a priority winner. The department shall not deem individual disqualified applications the status of priority winner unless all disqualified applications are granted that status.

Notes

Cal. Code Regs. Tit. 4, § 69.2

1. New section filed 6-29-2022; operative 6-29-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 26).

Note: Authority cited: Sections 23820, 23821 and 23961, Business and Professions Code. Reference: Sections 494.5, 23817 and 23821, Business and Professions Code.

1. New section filed 6-29-2022; operative 6/29/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 28).
2. Amendment of subsections (a)(2)i.-ii., new subsection (a)(2)iii., amendment of subsection (b), new subsection (b)(1) and amendment of subsection (d) filed 10-2-2023; operative 10/2/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 40).