Section 57.6 - Qualifications of Manager(a) Any on-sale licensee who elects to operate his licensed premises through the employment of a manager may request the department to make a determination of the proposed manager's qualifications. Upon such request, the on-sale licensee shall produce the proposed manager at a District Office of the department for fingerprinting and investigation.(b) Any on-sale licensee who employs a person in the capacity of manager shall notify the department in writing within fifteen (15) days of the effective date of this rule or within fifteen days of such employment, whichever occurs first. Within such 15-day period the on-sale licensee shall cause his manager to appear at a District Office of the department to have the manager's fingerprints taken, and to file an application for qualification as manager and furnish information necessary to establish whether the manager has the qualifications required of a holder of an on-sale license.(c) When investigation indicates that any person employed as manager of premises operating under an on-sale license does not possess the qualifications required of the holder of an on-sale license, the department shall serve on the manager Notice of Disqualification of Manager and shall furnish a copy of said Notice to the holder of the on-sale license at the premises.(d) Upon completion of its investigation pursuant to paragraph (a) or (b) of this rule, the department shall serve either Notice of Qualification of Manager or Notice of Disqualification of Manager on the manager or proposed manager. A copy of such Notice shall be furnished to the on-sale licensee who employs or proposes to employ the manager. Within fifteen (15) days after service of Notice of Disqualification of Manager, the manager or proposed manager upon whom served may petition the department for hearing thereon. The Notice of Disqualification of Manager shall advise the manager or proposed manager of his right to a hearing as provided in Chapter 5 (commencing with Section 11500) of Part 1, Division 3 of Title 2 of the Government Code, and upon petition for hearing the reasons set forth in the Notice of Disqualification of Manager shall become the "statement of issues" as that term is used in Section 11504 of the Government Code, and all provisions of said Section 11504 applicable to "statement of issues" shall be applicable to said Notice. In addition, all other provisions of Chapter 5 (commencing with Section 11500) of Part 1, Division 3 of Title 2 of the Government Code, applicable to "statement of issues" and proceedings initiated thereby, shall be applicable to the Notice of Disqualification of Manager and proceedings initiated by the filing of petition for hearing thereon.Cal. Code Regs. Tit. 4, § 57.6
1. New section filed 4-14-69; designated effective 5-15-69 (Register 69, No. 16). Note: Authority cited: Section 25750, Business and Professions Code and Section 22 of Article XX, California Constitution. Reference: Sections 23001 and 23788.5, Business and Professions Code.
1. New section filed 4-14-69; designated effective 5-15-69 (Register 69, No. 16).