City Council Agenda Report Meeting Date: February 3, 2015

Transcription

1 City Council Agenda Report Meeting Date: February 3, 2015 TO: FROM: RE: City Council Michael Dunbaugh, Chief of Police DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR 1078 GALLERY INC. LOCATED AT 820 BROADWAY, CHICO, CA REPORT IN BRIEF: The Department of Alcoholic Beverage Control (ABC) has determined that 1078 Gallery Inc. (hereafter referred to as 1078 Gallery), a nonprofit art gallery, has applied for a Type 40 ABC license Gallery is planning to add the sale of beer at their current location at 820 Broadway, Chico, CA , an area with an undue concentration of alcoholic beverage licenses. Pursuant to Business and Professions Code Section , a City Council determination that public convenience or necessity would be served by the issuance of the Type 40 license is required. Recommendation: The Chief of Police recommends that the City Council make a determination of Public Convenience or Necessity, concerning the issuance of a Type 40 Alcoholic Beverage Control License for 1078 Gallery Inc. FISCAL IMPACT: There is no negative fiscal impact to the City budget as a result of this recommendation. COUNCIL COMMITTEE RECOMMENDATION: DNA BACKGROUND: 1078 Gallery Inc. is a nonprofit 501 c (3) organization which has been in existence in Chico for 33 years Gallery has been at its current location of 820 Broadway for the last ten years Gallery has sold beer and wine at its "Special Events" for several years by using One Day Alcohol Licenses approved by the Chico Police Department and issued by ABC. ABC will issue a maximum of 24 One Day Alcohol Licenses per 12 month period to any one applicant. Due to the number of events held at the location each month, 1078 Gallery has outgrown the use of the One Day Alcohol License process. Since 1078 Gallery has between seven to ten functions per month, ABC has requested they acquire a permanent alcohol license Gallery has elected to purchase a Type 40 On-Sale Beer Only license. Due to the current alcohol license moratorium of Type 40, 42 and 48 alcohol licenses within Butte County, 1078 Gallery is required to obtain a determination of Public

2 Convenience or Necessity (PCN) from the City Council before a license can be issued at their location. A copy of the applicant's letter (Attachment 1 ) to the City requesting consideration of the matter and supporting documents are being provided. A Type 40 On-Sale Beer Only license allows the sale of beer for consumption on the premises where sold. No wine or distilled spirits are allowed on the premises. Minors are allowed on the premises. Full food service is not required, however sandwiches or snacks must be available when the licensee is open for business Gallery will be open from 12:30 p.m. to 5:30p.m. Thursday through Sunday Gallery will be open from 5:00p.m. to 11:00 p.m. for "Special Events" various evenings during the week for art receptions, poetry readings, concerts, etc. Though they do not desire to sell beer at times other than the Special Events, ABC requires that they have beer offered for sale at all times the gallery is open to the public. Staff from the Police Department and Community Development Department have reviewed the request. The Police Department has no objection to the license but will request conditions be placed on the alcohol license as noted on the attached Alcoholic Beverage Establishment review form (Attachment 2). The Community Development Department reports that this address is located within the OS- Downtown South zoning district and the proposed retail sale of alcohol is a permitted use within this zone. As such, staff has no opposition to a determination that public convenience or necessity would be served by the issuance of a Type 40 ABC license for 1078 Gallery. ENVIRONMENTAL REVIEW: DNA PUBLIC CONTACT: The applicant has advised that they have complied with the Department of Alcoholic Beverage Control requirement to mail written notification to every resident and owner of real property within a 500 foot radius of the premises for which the licensing is requested. Reviewed by: DISTRIBUTION: City Clerk Lt. George Laver - Ret. Community Development Director Mark Wolfe ATTACHMENTS: 1. Letter requesting PCN 2. Alcohol Beverage Establishment Review 3. ABC Form 245 Approved by: / \v\ ~ ()o:nu Mark~me. City Manager

3 4. ABC Form Alcohol Beverage Control License Types 6. Business and Profession Code Description 7. Maps FILE: S/ABC/LICENSEES/1 078_ GALLERY _ INC/PCN_ 1 078_ GALLERY _INC

4 1078 GALLERY November 26, 2014 To Whom it May Concern: Gallery has applied for a type 40 license from the California Department of Alcoholic Beverages Gallery has been a Chico institution for 33 years. We have been at our location 820 Broadway for approximately 1 0 years. Until this time, we have used daily licenses issued by the California ABC in order to be able to offer beer/wine at our events, including art openings, literary readings, and live music shows. We are applying for a permanent license because we have outgrown the limits of the daily licenses (which are limited 24 events per year). Income from events is a significant part of our overall revenue, especially with funding from the City having declined very significantly. We are a non-profit, currently run entirely by volunteers, with no paid staff. If we are approved for this license, we would continue to operate as we have been, putting on approximately 7-10 events per month where beer would be available for purchase. Many of our events are in the early evening, from 5-8pm. Our music shows are generally over by 11 pm. Our normal gallery hours are 12:30-5:30pm on Thursday, Friday and Saturday (ABC has informed us that we would be required to sell alcohol to anyone who wanted to purchase it during these times as well, though this would not be our own preference). Please feel free to contact me if you have any questions or concerns. Thank you, {;fz Erin Wade Board President Jv'/ /J e I D 7f(fjid/(,) I or:j 820 Broadway, Chico CA info@1 078gallery.org I (530)

5 CITY OF CHICO ALCOHOLIC BEVERAGE ESTABLISHMENT REVIEW City of Chico City of Chico Date: January 7, 2015 Business Owner's Name: 1078 Gallery Inc. Phone No Mailing Address: 820 Broadway, Chico CA Alcoholic Beverage Establishment Proposal (to be completed by business owner) Name of Business: Gallery Business Location Address: 820 Broadway, Chico CA Type of ABC License(s): Description of Business Operation: type of business (including any proposed modifications), days and hours of operation, merchandise/services provided, etc. On-sale beer only. Hours: Thursday- Sunday 12:30 PM to 11 :00 PM and 5:00P.M. to 11 :00 P.M. Monday Wednesday. City Staff Review (Please print name, initial and date after review and comments) Based on the proposal submitted, the following review and comments are provided: Police Department: The applicant's business is located in census tract 10. This census tract allows for 6 on-sale and 4 off-sale licenses. Currently there are 61 on-sale and 10 off-sale licenses within that census tract. The census tract that Gallery is located is extremely over concentrated with on-sale and off-sale licensees. The Police Department has concerns about another alcohol license in an area (downtown) which is significantly impacted by alcohol use and abuse. The correlation between alcohol consumption and the corresponding necessity for police responses to violence, sexual assaults and alcohol overdoses in this area is well documented. As such, the Police Department would request the following license conditions: 1) Sales, service or consumption of alcoholic beverages shall be permitted only between the hours of 12:30 P.M. to 11 :00 P.M., Thursday through Sunday, and 5:00 P.M. to 11 :00 P.M Monday through Wednesday. 2) The following exceptions apply to specific dates commonly referred to as Halloween, St. Patrick's Day, Cesar Chavez Day, CSU, Chico Graduation Weekend and Labor Day weekend, the hours of sales, service or consumption of alcoholic beverages will be restricted to certain hours on certain days of the week. HALLOWEEN: There shall be no sales, service or consumption of alcoholic beverages before 12:30 P.M. or after 10:00 P.M. on Halloween, October 31s 1 of each year. ST. PATRICK'S DAY: There shall be no sales, service or consumption of alcoholic beverages before 12:30 P.M. or after 10:00 P.M. on St. Patrick's Day, March 17th, of each year. CESAR CHAVEZ DAY: There shall be no sales, service or consumption of alcoholic beverages before 12:30 P.M. or after 10:00 P.M. on Cesar Chavez Day, March 31 s 1 of each year. CSU, CHICO GRADUATION WEEKEND (May of each year) There shall be no sales, service or consumption of alcoholic beverages before 12:30 P.M. or after 10:00 P.M. on the Friday and Saturday of the CSU, Chico graduation weekend. LABOR DAY WEEKEND (AugusUSeptember of each year) the sales of alcoholic beverages shall be permitted only between the hours of 12:30 P.M. to 10:00 P.M. Thursday through Monday of the Labor Day weekend. **Nothing in Condition #2 shall allow sales of alcohol between 12:30 P.M. and 5:00P.M. on the dates listed if they fall on a Monday, Tuesday or Wednesday.

6 3) Alcoholic beverages shall not be offered at significantly reduced prices that are meant to encourage greater consumption of alcohol such as during "happy hour" type promotions. Licensee shall not develop any other promotional activity that is designed to encourage excessive drinking of alcoholic beverages. Alcohol may only be sold in cans or bottles, no pitchers. 4) The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 5) Live music shall not be audible beyond the area of control of the licensee(s). 6) There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interiors displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 7) The subject alcoholic beverage license shall not be exchanged for a Type 42, 47 or 48 license without approval of the Chico City Council. 8) A member of the Board of Directors shall be present during all "Special Events" that occur outside the normal business hours of 12:30 P.M. to 5:30P.M. 9) All members of the current Board of Directors of 1078 Gallery will complete a course in Responsible Beverage Service (RBS) within six months of the issuance of this license and any future member of the Board of Directors of 1078 Gallery will complete a course in Responsible Beverage Service (RBS) within six months of their appointment or election to the Board of Directors. Review and Comments Provided by: George Laver, Lieutenant (Ret.) January 7, 2015 Community Development Department: The property located at 820 Broadway Street (APN# ) is zoned DS-Downtown South on the City's Zoning Map. Gallery 1078 is considered an art gallery, which is a permitted use in the OS zone pursuant to Chico Municipal Code section Table 4-6. The proposed sale of alcohol is incidental to the primary use as an art gallery and is subject to applicable state and local regulations. The Community Development Department has no objections to the proposal. Review and Comments Provided by: Brendan Vieg, Principal Planner, January 8, 2015 Distribution of Completed Review: Police Community Development Department Business Owner California Dept. Of Alcoholic Beverage Control (Redding Office)

7 Department of Alcoholic Beverage Control INFORMATION AND INSTRUCTIONS SECTION B&P State of Califorma Edmund G Brown Jr.. Governor Instructions This form is to be used for all applications for original issuance or premises w premises transfer of licenses. ' Part I is to be completed by an ABC employee, given to applicant with pre-application package. with copy retained in holding file or applicant's district file. Part 2 is to be completed by the applicant, and returned to AB C. ' Part 3 is to be completed by the local governing body or its designated subordinate officer or body, and returned to ABC. '---Dell or Specialty Restaurant '-Cafe/Coffee Shop ~ Bed & Breakfast: :Jwine only._jsupermarket l Liquor Store '---' ~DrugNariety Store ~ Other- describe 5 COUNTY POPULATION l All ~ Comedy Club 1 I Brew Pub 1 Theater I,. Membership Store ~ Department Store jfiorisvgift Shop Cocktail Lounge!Night Club Tavern: Beer 'Tavern: Beer & Wine 1 Service Station l i; TOTAL NUMBER OF LICENSES IN COUNTY [Jon-Sale js NO OF LICENSESA o wed IN CENSUS TRACT ~ n-sale []convenience Market O convenience Market w/gasoline HE ABOVE CENSUS TRACT OVERCONCENTRATED WITH LICENSES? (o.e., does the ralio of l1censes to population in the census tract exceed the ratio es, the number of existing licenses exceeds the number allowed o, the number of existing licenses is lower than the number allowed t2 DOES LAW ENFORCEMENT AGENCY MAINTAIN RIME STATISTICS? O ves (Go to Item #13) No (Go to Item #20) 13 CRIME REPORTING DISTRICT NUMBER 14. TOTAL NUMBER OF REPORTING DISTRICTS l /Private Club!veterans Club -!Fraternal Club I wine Tasting Room Swap MeeVFiea Market ~ Dr ive-in Dairy TOTAL NUMBER OF OFFENSES IN ALL REPORTING DISTRICTS 16 AVERAGE NO OF OFFENSES PER DISTRICT '.4 OF AVERAGE NUMBER OF OFFENSES 18 TOTAL NUMBER OF OFFENSES IN REPORTING DIST~ 19. IS THE PREMISES LOCATED IN A HIGH CRIME REPORTING DISTRICT? (r.e., has a 20% greater number of reported crimes than the average number of reported cnmes as determined from all crime reporting d1slricts within the jur1sdoction of the local law enforcement agency) r-..._!yes. the total number of offenses in the reporting district equals or exceeds the total number in item #17 0 No, the total number of offenses in the reporting district is lower than the total number in item #17 20 CHECK THE BOX THAT APPLIES (check only one box) rl a. If "No " is checked in both item #11!1Sf. item #19, Section B&P does not apply to this application, and no additional information will be needed - on this issue. Advise the applicant to bring this completed form to ABC when filing the application. ~~ b. If " Yes " is checked in either item #11 Q[ item #19, and the applicant is applying for a non-retail license, a reta il bona fide public eating place license, a retail license issued for a hotel, motel or other lodging establishment as defined in Section (b) B&P, or a retail license issued in conjuction with a beer manufacturer's license, or winegrower's license, advise the applicant to complete Section 2 and bring the completed form to ABC when filing the application or as soon as possible thereafter. ~l/ If "Yes '' is checked in either item #11 Q[ item #19, and the applicant is applying for an off-sale beer and wine license, an off-sale general license, an on ~~ ~l e beer license, an on-sale beer and wine (public premises) license, or an on-sale general (public premises) license, advise the applicant to take this fo rm to the local governing body. or its designated subordinate officer or body to have them complete Section 3. The completed form will need to be provided to ABC in order to process the application. Governing Body/Designated Subordinate Name: FOR DEPARTMENT USE ONLY PREPARED BY (Name ;;(oepartment Employee) ABC-245 (rev )

8 PART 2 -TO BE COMPLETED BY THE APPLICANT (If box #20b is checked) 21. Based on the information on the reverse, the Department may approve your application if you can show that public convenience or necessity would be served by the issuance of the license. Please describe below the reasons why issuance of another license is justified in this area. You mav attach a seoarate sheet or additional documention. if desired. Do not oroceed to Part APPLICANT SIGNATURE r3. DATE SIGNED PART 3 - TO BE COMPLETED BY LOCAL OFFICIALS (If box #20c is checked) The applicant named on the reverse is applying for a license to sell alcoholic beverages at a premises where undue concentration exists (i.e., an over-concentration of licenses and/or a higher than average crime rate as defined in Section of the Business and Professions Code). Sections and of the Business and Professions Code requires the Department to deny the application unless the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance. Please complete items #24 to #30 below and certify or affix an official seal, or attach a copy of the Council or Board resolution or a signed letter on official letterhead stating whether or not the issuance of the applied for license would serve as a public convenience or necessity. 24. WILL PUBLIC CONVENIENCE OR NECESSITY BE SERVED BY ISSUANCE OF THIS ALCOHOLIC BEVERAGE LICENSE? O ves Q No 0 See Attached (i.e., letter, resolution, etc.) 25. AOOITIONAL COMMENTS, IF DESIRED (may include reasons for approval or denial of pubhc convenience or necessity) CITY/COUNTY OFFICIAL NAME 29. CITY/COUNTY OFFICIAL SIGNATURE ] 2'1. CITY/COUNTYOFFICIAL TITLE ~~~COUN~:~ ICIAL PHONE NUMBER--- ~TE SIGNEO ABC-245 REVERSE (rev )

9 Department ofalcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) Stare of California TO: Department of Alcoholic Beverage Control 1900 CHURN CREEK RD STE 215 REDDING, CA (530) File Number: Receipt Number: Geographical Code: 0402 Copies Mailed Date: November 18, 2014 Issued Date: DISTRICT SERVING LOCATION: First Owner: Name of Business: Location of Business: County: Is Premise inside city limits? Mailing Address: (If different from premises address) Type oflicense(s): 40 Transferor's license/name: REDDING 1078 GALLERY INC 1078 GALLERY 820 BROADWAY ST CHJCO, CA BUTTE License Tyge Transaction TyQe Fee Tyge Master 40 - On-Sale Beer OIUGINAL FEES NA y 40 - On-Sale Beer ANNUAL FEE NA y NA STATE FINGERPRINTS NA N NA FEDERAL FINGERPRINTS NA N Yes Census Tract Dropping Partner: Yes Dug Date Fee 0 11/18/14 $ J 1/ 18/ 14 $ I I 11/18/14 $ I I 11/ $ No~ Total $1, Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes answer to the above questions on an attachment wh1ch shall be deemed pa11 oftlus application. Applicant agrees (a) that any manager employed in an on-sale licensed premises will have all the qualifications of a licensee, and (b) that he will not violate or,cause or permit to be violated any ofthe provisions of the Alcoholic Beverage Control Act. STATE OF CALifORNIA County of BUTTE Date: November 18,2014 Under P"nalty of perjury, c:tch person whose signature appears below, certifies and says: (I) I le is an applicant, or one of the applicants, or an exccut1ve officer of the applicant corporation, named in the foregomg application, duly authonzed lo make lh1s application on 11s behalf. (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; {3) that no person other than the applicant or applicants has any direct or indtrecl interest in the applicant or applicant's business to be conducted under the licensc(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered mto more than mnely (90) days preceding the day on wluch the transfer application IS filed With the Dcpanmcnl or 10 gain or establtsh a preference to or for any crcd1tor or transferor or to defraud or llljure any creditor of transferor; (5) that the transfer application may be withdrawn by either the appl1cant or the licensee with no resultmg liability 10 the Department. Effect ive J uly I, 2012, Rcnnue and Tuation Cod e Section 7057, a uthorizes the St ate Board of Equa lizat ion a nd the Franchise T8l Board to s h ~ re taxpayu information with Department of Alcoholic Beverage Control. T he Department may suspend, re, oke, a od refuse to issue M license if tbc licensee's name Mpprors in the 500 largest tax delinquencies Jis t. (Business a nd Professions Cod e Section ) Applicant Name(s) 1078 GALLERY INC Applicant Signaturc(s) Sec 211 Sigmt t u rc Pa gc

10 Business and Professions Code (a) For purposes of Section 23958, "undue concentration" means the case in which the applicant premises for an original or premises-to-premises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c), than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. (2) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. (3) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. {b) Notwithstanding Section 23958, the department may issue a license as follows: (1) With respect to a nonretaillicense, a retail on-sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section , a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance. The 90-day period shall commence upon receipt by the local governing body of (A) notification by the department of an application for licensure, or (B) a completed application according to local requirements, if any, whichever is later. If the local governing body, or its designated subordinate officer or body, does not make a determination within the 90-day period, then the department may issue a license if the applicant shows the department that public convenience or necessity would be served by the issuance. In making its determination, the department shall not attribute any weight to the failure of the local governing body, or its designated subordinate officer or body, to make a determination regarding public convenience or necessity within the 90-day period. (c) For purposes of this section, the following definitions shall apply: (1) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county) that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes and arrests. (2) "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. (3) "Population within the census tract or census division" means the population as determined by the most recent United States decennial or special census. The population determination shall not operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or census division. ( 4) "Population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance. (5) "Retail licenses" shall include the following: (A) Off-sale retail licenses: Type 20 (off-sale beer and wine) and Type 21 (off-sale general). (B) On-sale retail licenses: All retail on-sale licenses, except Type 43 (on-sale beer and wine for train), Type 44 (on-sale beer and wine for fishing party boat), Type 45 (on-sale beer and wine for boat), Type 46 (on-sale beer and wine for airplane), Type 53 (on-sale general for train and sleeping car), Type 54 (onsale general for boat), Type 55 (on-sale general for airplane), Type 56 (on-sale general for vessels of more than 1,000 tons burden), and Type 62 (on-sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement). (6) A "premises to premises transfer" refers to each license being separate and distinct, and transferable upon approval of the department. (d) For purposes of this section, the number of retail licenses in the county shall be determined by the most recent yearly retail license count published by the department in its Procedure Manual. (e) The enactment of this section shall not affect any existing rights of any holder of a retail license issued prior to April 29,1992, whose premises were destroyed or rendered unusable as a result of the civil disturbances occurring in Los Angeles from April 29 to May 2, 1992, to reopen and operate those licensed premises. (f) This section shall not apply if the premises have been licensed and operated with the same type license within 90 days of the application.

11 Department of Alcoholic Beverage Control COMMON ABC LICENSE TYPES AND THEIR BASIC PRIVILEGES State of California UCENSE TYPE DESCRIPTION 01 BEER MANUFACTURER- (Large Brewery) Authorizes the sale of beer to any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed premises. Without any additional licenses, may sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bona fide eating place contiguous to the manufacturer's licensed premises. May conduct beer tastings under specified conditions (Section ). Minors are allowed on the premises. 02 WINEGROWER- (Winery) Authorizes the sale of wine and brandy to any person holding a license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the premises in a bona fide eating place that is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating place. May conduct winetastings under prescribed conditions (Section ; Rule 53). Minors are allowed on the premises. 20 OFF SALE BEER & WINE- (Package Store) Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises. 21 OFF SALE GENERAL- (Package Store) Authorizes the sale of beer, wine and distilled spirits for consumption off the p_remises where sold. Minors are allowed on the premises. 23 SMALL BEER MANUFACTURER- (Brew Pub or Micro-brewery) Authorizes the same privileges and restrictions as a Type 01. A brewpub is typically a very small brewery with a restaurant. A micro-brewery is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers, although some do have a restaurant or pub on their manufacturing plant. 40 ON SALE BEER- (Bar, Tavern) Authorizes the sale of beer for consumption on or off the premises where sold. No wine or distilled spirits may be on the premises. Full meals are not required; however, sandwiches or snacks must be availabl~ Mino~ are allowed on the pre~ises. 41 ON SALE BEER & WINE - EATING PLACE- (Restaurant) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Distilled spirits may not be on the premises (except brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. 42 ON SALE BEER & WINE - PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer and wine for consumption on or offthe premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain (see Section for exception, musicians). Food service is not required. 47 ON SALE GENERAL- EA TrNG PLACE - (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on the licenses premises. Authorizes the sale of beer and wine for consumption off the licenses premises. Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilit ies, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. 48 ON SALE GENERAL - PUBLIC PREMISES- (Bar, Night Club) Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are not allowed to enter and remain (see Section for exception, musicians). Food service is not required. 49 ON SALE GENERAL- SEASONAL- Authorizes the same privileges and restrictions as provided for a Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the license certificate. ABC-616 (09-11)

12 LICENSE TYPE DESCRIPTION 51 CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. No off-sale privileges. Food service is not required. Minors are allowed on the premises. 52 VETERAN'S CLUB- Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guest only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the premises. 57 SPECIAL ON SALE GENERAL - Generally issued to certain organizations who cannot qualify for club licenses. Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guests only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the premises. 59 ON SALE BEER AND WINE- SEASONAL - Authorizes the same privileges as a Type 41. Issued for a specific season. Inclusive dates of operation are listed on the license certificate. 60 ON SALE BEER - SEASONAL - Authorizes the sale of beer only for consumption on or off the premises where sold. Issued for a specific season. Inclusive dates of operation are listed on the license certificate. Wine or distilled spirits may not be on the premises. Minors are allowed on the premises. 61 ON SALE BEER - PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer only for consumption on or off the licensed premises. Wine or distilled spirits may not be on the premises. Mi nors are not allowed to enter and remain (warning signs required). Food service is not required. 67 BED AND BREAKFAST INN - Authorizes the sale of wine purchased from a licensed winegrower or wine wholesaler only to registered guests of the establishment for consumption on the premises. No beer or distilled spirits may be on the premises. Wine shall not be given away to guests, but the price of the wine shall be included in the price of the overnight transient occupancy accommodation. Removal of wine from the grounds is not permitted. Minors are allowed on the premises. 70 ON SALE GENERAL- RESTRICTIVE SERVICE - Authorizes the sale or furnishing of beer, wine and distilled spirits for consumption on the premises to the establishment's overnight transient occupancy guests or their invitees. This license is normally issued to "suite-type" hotels and motels, which exercise the license privileges for guests' "complimentary" happy hour. Minors are allowed on the premises. 75 ON SALE GENERAL- BREWPUB- (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on a bona fide eating place plus a limited amount of brewing of beer. Also authorizes the sale of beer and wine only for consumption off the premises where sold. Minors are allowed on the premises. 80 BED AND BREAKFAST INN- GENERAL - Authorizes the sale of beer, wine and distilled spirits purchased from a licensed wholesaler or winegrower only to registered guests of the establishment for consumption on the premises. Alcoholic beverages shall not be given away to guests, but the price of the alcoholic beverage shall be included in the price of the overnight transient occupancy accommodation. Removal of alcoholic beverages from the grounds is not permitted. Minors are allowed on the_premises. 86 INSTRUCTIONAL TASTING LICENSE-Issued to the holder of and premises of a Type 20 or Type 21 licensee, authorizes the tasting of alcoholic beverages as authorized to be sold from the off-sale premises, on a limited basis. Requires physical separation from the off-sale premises while tasting is taking place and generally requires the participation of a specifically-authorized manufacturer or wholesaler licensee. ABC-616 (09-11)

13 SPECIAL EVENTS The Department also issues licenses and authorizations for the retail sale of beer, wine and distilled spirits on a temporary basis for special events. The most common are listed below. Other less common ones are found in Business and Professions Code Section , et seq. SPECIAL DAILY BEER AND/OR WINE LICENSE- (Form ABC-221) Authorizes the sale of beer and/or wine for consumption on the premises where sold. No off-sale privileges. Minors are allowed on the premises. May be revoked summarily by the Department if, in the opinion of the Department and/or the local law enforcement agency, it is necessary to protect the safety, welfare, health, peace and morals of the people of the State. In some instances, the local ABC office may require the applicant to obtain prior written approval of the local law enforcement agency. Issued to non-profit organizations. (Rule 59, California Code of Regulations) DAILY ON SALE GENERAL LICENSE- (Fonn ABC-221) Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. No off-sale privileges. Minors are allowed on the premises. May be revoked summarily by the Department if, in the opinion of the Department and/or the local law enforcement agency, it is necessary to protect the safety, welfare, health, peace and morals of the people of the State. In some instances, the local ABC office may require the applicant to obtain prior written approval of the local law enforcement agency. Issued to political parties or affiliates supporting a candidate for public office or a ballot measure or charitable, civic, fraternal or religious organizations. (Section and Rule 59.5 California Code of Regulations) CATERING AUTHORIZATION- (Form ABC-218) Authorizes Type47, 48, 51, 52, 57,75 and 781icensees (and catering businesses that qualify under Section ) to sell beer, wine and distilled spirits for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events. Type 47, 48 and 57 licensees may cater alcoholic beverages at any ABC-approved location in the State. Type 51 and 52 licensees may only cater alcoholic beverages at their licensed premises. All licensees wishing to cater alcoholic beverages must obtain prior written authorization from the Department for each event. At all approved events, the licensee may exercise only those privileges authorized by the licensee's license and shall comply with all provisions of the ABC Act pertaining to the conduct of on-sale premises and violation of those provisions may be grounds for suspension or revocation of the licensee's license or permit, or both, as though the violation occurred on the licensed premises. (Section and Rule 60.5 California Code of Regulations) EVENT AUTHORIZATION- (Form ABC-218) Authorizes Type 41, 42, 47, 48, 49, 57,75 and 781 icensees to sell beer, wine and distilled spirits for consumption on property adjacent to the licensed premises and owned or under the control of the licensee. This property shall be secured and controlled by the licensee and not visible to the general public. The licensee shall obtain prior approval of the local law enforcement agency. At all approved events, the licensee may exercise only those privi leges authorized by the licensee's license and shall comply with all provisions of the ABC Act pertaining to the conduct of on-sale premises (including any license conditions) and violations of those provisions may be grounds for suspension or revocation of the licensee's license or permit, or both, as though the violation occurred on the licensed premises. (Section 23399) WINE SALES EVENT PERMIT - (Fonn ABC-239) Authorizes Type 02 licensees to sell bottled wine produced by the winegrower for consumption off the premises where sold and only at fairs, festivals or cultural events sponsored by designated tax exempt organizations. The licensee must notify the city and/or county where the event is being held and obtain approval from ABC for each event (Form ABC-222). The licensee must also comply with all restrictions listed in Business and Professions Code Section Note: I. "Minor" means any person under 21 years of age. 2. Consult Section 25663(b) regarding age of employees in off-sale premises; consult Sections 25663(a) and regarding age of employees in on-sale premises. 3. In certain situations, ABC may place reasonable conditions upon a license, such as restrictions as to hours of sale, employment of designated persons, display of signs, restrictions on entertainment or dancing, etc. If a license has been conditioned, it will be endorsed as such on the face of the license. (Conditional licenses, Sections ) 4. Licensees whose license allows minors on the premises may have a "house policy" restricting minors from entering certain areas of the premises or prohibiting minors in the premises during certain hours. 5. This handout contains only abbreviated information. Contact your local ABC office for full information before doing anything which may jeopardize your license. Also available from the ABC: Quick Summary of Selected ABC Laws (fonn ABC-608); Alcoholic Beverage Control Act (complete laws); Rules & Regulations; and P-90 (describes privileges of non-retail licenses). ABC-616 (09-11)

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