(a)
Temporary Continuation of Retail Business. The administrator, executor or
guardian of the estate of a retail licensee or receiver for a retail licensee
or trustee of the bankrupt estate of a retail licensee, or assignee for the
benefit of creditors of a retail licensee, or the surviving and competent
colicensees of a deceased or incompetent retail licensee, may apply to the
district supervisor of the department in the district in which the licensed
premises are located for permission to operate a licensed business under the
provisions of Section
23102 of the Alcoholic Beverage
Control Act. Permission to sell and deal in alcoholic beverages under the
authority of the license may be granted by district supervisor orally and shall
be immediately confirmed in writing. Suspension or revocation of permission
under this section may be made by the department in accordance with the
provisions of the Alcoholic Beverage Control Act applicable to
licenses.
(b) Temporary
Continuation of Licensed Business Other Than Retail. The administrator,
executor or guardian of the estate, or receiver, or assignee for the benefit or
creditors, or trustee of the bankrupt estate of a licensee other than a retail
licensee, may apply to the Director of Alcoholic Beverage Control for
permission to operate under the provisions of Section
23102 and shall accompany such
application with a surety bond as required by Part 14 of Division 2 of the
Revenue and Taxation Code. Permission to operate shall be made in writing by
the Director of Alcoholic Beverage Control, and suspension or revocation of
such permission to operate may be made by the department in accordance with the
provisions of the Alcoholic Beverage Control Act applicable to
licenses.
(c) Sales by Former
Licensees. A former licensee, or licensee whose license has been surrendered
under Rule 65, may apply to a district office of the department in writing for
permission to sell his stock of alcoholic beverages to a licensee or licensees
authorized to resell such alcoholic beverages. The application shall state the
date and hour of the proposed sale, which shall be not less than five nor more
than 15 days from the date of filing the application, and shall be accompanied
by an inventory of all alcoholic beverages to be sold to each licensee. The
District Administrator may grant approval if he is satisfied the stated facts
are correct. The applicant shall be given written notice of such approval,
which notice he shall present upon request to any peace officer at the time of
the sale.
The above requirements shall not apply to a licensee whose
license is in process of transfer and who, in conjunction with that transfer,
sells his stock of alcoholic beverages to the transferee.
(d) Sales to Enforce Warehouseman's Lien. A
warehouseman, making a sale of alcoholic beverages to enforce a lien acquired
under the Warehouse Receipts Act, shall sell distilled spirits only to
distilled spirits manufacturers, manufacturers' agents, rectifiers and
wholesalers, and shall sell beer and wine only to beer manufacturers and
importers and to wine growers and importers. Written notice of sale shall be
given the department at least one week in advance of sale.
(e) Insurers and Common Carriers. Any insurer
which has insured the licensee against loss or damage to alcoholic beverages of
the licensee, or any common carrier acting as an insurer for losses to persons
shipping alcoholic beverages may apply to the Sacramento office of the
department for permission to sell alcoholic beverages of such licensee, or
other person shipping alcoholic beverages which have been damaged by fire or
otherwise. The application shall be in writing in triplicate and shall state
the name of the licensee or other person whose alcoholic beverages have been
damaged, the quantity of the alcoholic beverages damaged and which are to be
sold, the location of the alcoholic beverages, and the name of the licensee to
whom the sale is to be made. Applications by common carriers shall also show
the name of the shipper of alcoholic beverages, point of origin of the
shipment, and the consignee.
Any insurer or common carrier acting as an insurer shall,
before completing a sale of damaged malt beverages to any other type of
licensee, offer the merchandise back to the manufacturer who produced it if
that manufacturer is a California licensee or to the importer of the
merchandise involved if the manufacturer is not licensed in California. If such
California manufacturer or importer meets the highest price offered for the
merchandise by any other type of licensee within ten days of notification by
the insurer of the highest offer, the sale of the damaged malt beverages shall
be made to said manufacturer or importer rather than to the other
licensee.
(f) Sales by
Executors or Administrators. An executor or administrator of the estate of a
deceased person who was not a licensee at the time of his death may apply to a
district office of the department in writing for permission to sell alcoholic
beverages under Section
23104.4
of the Business and Professions Code. The application shall be in triplicate
and shall state the quantity, brand, and type of alcoholic beverages to be
sold. The district supervisor may, in writing, grant permission to make the
sale of alcoholic beverages to a licensee authorized to sell such alcoholic
beverages, such sale to be made at any time within 10 days from the date of
granting approval.
Notes
Cal. Code Regs.
Tit. 4, §
79
1. Amendment
of subsection (c) filed 12-6-68; designated effective 1-8-69 (Register 68, No.
46). For prior history, see Register 64, No. 8.
2. Amendment of
subsection (c) filed 2-8-72; designated effective 3-10-72 (Register 72, No.
7).
3. Amendment of subsection (f) filed 2-2-77; designated
effective 3-7-77 (Register 77, No. 6).
4. Repealer of subsection (d)
and relettering of former subsections (e)-(g) to subsections (d)-(f) filed
6-4-84; effective thirtieth day thereafter (Register 84, No. 23).
Note: Authority cited: Section
25750,
Business and Professions Code. Reference: Section
23381,
Business and Professions Code.
1. Amendment of
subsection (c) filed 12-6-68; designated effective 1-8-69 (Register 68, No.
46). For prior history, see Register 64, No. 8.
2. Amendment of
subsection (c) filed 2-8-72; designated effective 3-10-72 (Register 72, No.
7).
3. Amendment of subsection (f) filed 2-2-77; designated
effective 3-7-77 (Register 77, No. 6).
4. Repealer of subsection
(d) and relettering of former subsections (e)-(g) to subsections (d)-(f) filed
6-4-84; effective thirtieth day thereafter (Register 84, No.
23).