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Business and Professions Code - BPC - BPC § 23774
Business and Professions Code - BPC - BPC § 23774
The provisions of Sections 23771 and 23772 do not prevent the issuance of a distilled spirits wholesale license to any person who, on July 1, 1937, owned or operated a business which for five years immediately preceding that date had maintained and operated in this State a bona f
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Business and Professions Code - BPC - BPC § 23775
Business and Professions Code - BPC - BPC § 23775
An importer’s license shall be issued only to a person or manufacturer who holds a license authorizing the sale for resale of the types of alcoholic beverages mentioned in the importer’s license.
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Business and Professions Code - BPC - BPC § 23776
Business and Professions Code - BPC - BPC § 23776
A wholesaler’s license shall not be issued or renewed to any on-sale or off-sale licensee, except that: (1) A wholesaler’s license restricted to sales to on-sale licensees may be issued or renewed to an on-sale licensee in counties not to exceed 15,000 population, or (2) If restr
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Business and Professions Code - BPC - BPC § 23777
Business and Professions Code - BPC - BPC § 23777
No off-sale general license shall be renewed or issued to a distilled spirits wholesaler whose premises are located in a city having a population of 50,000 or more, as shown by the 1940 federal census, or to a distilled spirits wholesaler who sells distilled spirits to licensees
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Business and Professions Code - BPC - BPC § 23778
Business and Professions Code - BPC - BPC § 23778
A distilled spirits wholesaler’s license shall not be held by any person unless at all times throughout the license year he has on his wholesale premises a reasonable stock of distilled spirits, as determined by the department, for which he has fully paid lawful money or its equi
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Business and Professions Code - BPC - BPC § 23779
Business and Professions Code - BPC - BPC § 23779
No wholesale license shall be issued to any person who does not in good faith actually carry on or intend to carry on a bona fide wholesale business by sale to retail licensees of the alcoholic beverage designated in the wholesale license, and the department may revoke any wholes
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Business and Professions Code - BPC - BPC § 23780
Business and Professions Code - BPC - BPC § 23780
No distilled spirits wholesaler’s license or rectifier’s license shall be issued or renewed to any person who holds on deposit funds obtained from any retailer, which funds were obtained for the purpose of applying them, either in whole or in part, toward the payment of any futur
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Business and Professions Code - BPC - BPC § 23784
Business and Professions Code - BPC - BPC § 23784
No retailer’s on-sale license shall be issued to any person to whom, or for any premises for which, a manufacturer's, wine grower's, importer's, wholesaler's, or rectifier’s license is issued; and no manufacturer's, wine grower's, importer's, wholesaler's, or rectifier’s license
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Business and Professions Code - BPC - BPC § 23785
Business and Professions Code - BPC - BPC § 23785
A retail package off-sale general license, when issued to the holder of a rectifier’s or distilled spirits wholesaler’s license, shall be issued only for the same premises for which the rectifier’s or distilled spirits wholesaler’s license is issued, except as otherwise provided
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Business and Professions Code - BPC - BPC § 23786
Business and Professions Code - BPC - BPC § 23786
(a) The department may issue a special nonprofit sales license to a nonprofit mutual benefit corporation, as described in the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code), or a nonprofit public
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Business and Professions Code - BPC - BPC § 23787
Business and Professions Code - BPC - BPC § 23787
The department shall, before issuing any on-sale license for the sale of alcoholic beverages to be consumed or otherwise disposed of in any bona fide public eating place, determine whether the public eating place is equipped and maintained in good faith for sales to and consumpti
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Business and Professions Code - BPC - BPC § 23788.5
Business and Professions Code - BPC - BPC § 23788.5
An on-sale licensee shall not knowingly employ any person to manage, direct, or conduct the business who does not have the qualifications required of a holder of the license. Any on-sale licensee requesting the department to make a determination of qualifications of a proposed ma
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Business and Professions Code - BPC - BPC § 23789
Business and Professions Code - BPC - BPC § 23789
(a) The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail license for premises located within the immediate vicinity of churches and hospitals. (b) The department is specifically authorized to refuse the issuance
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Business and Professions Code - BPC - BPC § 23790
Business and Professions Code - BPC - BPC § 23790
No retail license shall be issued for any premises which are located in any territory where the exercise of the rights and privileges conferred by the license is contrary to a valid zoning ordinance of any county or city. Premises which had been used in the exercise of those righ
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Business and Professions Code - BPC - BPC § 23790.5
Business and Professions Code - BPC - BPC § 23790.5
(a) It is the intent of the Legislature in enacting this section to ensure that local government shall not be preempted in the valid exercise of its land use authority pursuant to Section 23790, including, but not limited to, enacting an ordinance requiring a conditional use perm
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Business and Professions Code - BPC - BPC § 23791
Business and Professions Code - BPC - BPC § 23791
Nothing in this division interferes with the powers of cities conferred upon them by Sections 65850 to 65861, inclusive, of the Government Code.
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Business and Professions Code - BPC - BPC § 23793
Business and Professions Code - BPC - BPC § 23793
No new original public premises licenses shall be issued except for beer, or beer and wine, and no public premises licenses shall be transferred from county to county, unless the applicant can show that substantial public demand cannot otherwise be satisfied.
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Business and Professions Code - BPC - BPC § 23794
Business and Professions Code - BPC - BPC § 23794
A license shall not be issued to any applicant to authorize the manufacture, distribution, or retail sale of powdered alcohol.
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Business and Professions Code - BPC - BPC § 23800
Business and Professions Code - BPC - BPC § 23800
The department may place reasonable conditions upon retail licensees or upon any licensee in the exercise of retail privileges in the following situations: (a) If grounds exist for the denial of an application for a license or where a protest against the issuance of a license is
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Business and Professions Code - BPC - BPC § 23801
Business and Professions Code - BPC - BPC § 23801
The conditions authorized by Section 23800 may cover any matter relating to the privileges to be exercised under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and moral
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Business and Professions Code - BPC - BPC § 23802
Business and Professions Code - BPC - BPC § 23802
Such conditions shall be endorsed upon the license and any renewal thereof and shall be binding upon all persons to whom the license is transferred.
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Business and Professions Code - BPC - BPC § 23803
Business and Professions Code - BPC - BPC § 23803
(a) The department, upon its own motion or upon the petition of a licensee or a transferee who has filed an application for the transfer of the license, if it is satisfied that the grounds that caused the imposition of the conditions no longer exist, shall order their removal or
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Business and Professions Code - BPC - BPC § 23804
Business and Professions Code - BPC - BPC § 23804
A violation of a condition placed upon a license pursuant to this article shall constitute the exercising of a privilege or the performing of an act for which a license is required without the authority thereof and shall be grounds for the suspension or revocation of such license
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Business and Professions Code - BPC - BPC § 23805
Business and Professions Code - BPC - BPC § 23805
The proceedings specified in Section 23800(a), (b), (c), (d), and (e) shall be conducted in the same manner as is required for other proceedings involving petitions, protests or accusations, and the right of a respondent in the proceedings to appeal shall include the right to app
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Business and Professions Code - BPC - BPC § 23815
Business and Professions Code - BPC - BPC § 23815
It is hereby determined that the public welfare and morals require that there be a limitation on the number of premises licensed for the sale of distilled spirits.