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Marginalia
Code · California · Business and Professions Code

§ 23961

452 words·~2 min read·/ca/business-and-professions-code/23961

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(1)If, at the conclusion of the period prescribed by the department for the filing of applications for issuance or transfer of on-sale general licenses or off-sale general licenses in any county in its notice of intention to receive applications therefor published pursuant to Sections 23821 and 24070, the department finds that there are more applicants for the particular type of license than there are licenses available for issuance or transfer under Sections 23821 and 24070 the department shall, within 60 days following the conclusion of said period, conduct a drawing to determine the priority in which all of such applications filed with it shall be considered. No more than one such drawing shall be made in any county in any one year, and no person will be entitled to more than one opportunity to participate in such a drawing in any county with respect to an application for issuance or transfer of any one type of license. The number drawn by any applicant shall indicate the priority to be given to the consideration of the application but shall not insure the issuance of a license by the department.
(2)In order to participate in the drawing, an applicant shall pay a fee in an amount equal to the fee for licenses identified in paragraph
(2)of subdivision
(a)of Section 23320. Any participant that does not file a formal application shall receive a refund of the fee less a service charge of one hundred dollars ($100). Any participant that files a formal application and whose application is thereafter denied or withdrawn is entitled to the refund specified in Section 23320.
(b)If a drawing is not conducted as provided in subdivision
(a)of this section, applications for issuance of original on-sale general licenses and off-sale general licenses in a county or transfer of the licenses into the county shall be made and considered as otherwise provided in this article.
(c)No person shall be qualified to participate in such a drawing unless such applicant is a resident of California for at least 90 days prior to the drawing. Prior to the issuance of any license, pursuant to such a drawing, the applicant shall present proof of such residency status. A corporation incorporated in a state other than California, but registered with the Secretary of State to do business in California for 90 days, shall be deemed to have satisfied the residency requirement for the purpose of this section.
(d)The department shall advertise, in connection with a drawing conducted pursuant to this section, that participation in such a drawing is available only to California residents.
(e)The department shall make the drawing available for viewing via a live video feed.
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