Cal. Code Regs. tit. 4 § 59.5

Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Section 59.5 - Daily on-Sale General License
(a) A daily on-sale general license may be issued to an organization qualified under Section 24045.1 of the Business and Professions Code upon application by an authorized representative. Such license authorizes the sale of distilled spirits, wine, and beer for consumption on premises approved by the department. The department may refuse the issuance of a daily on-sale general license to any proposed premises if such issuance could prove detrimental to the immediate neighborhood or could be injurious to the public welfare or morals.
(b) No one organization may be issued a daily on-sale general license for more than two consecutive days nor more than twelve days in one calendar year, unless the restriction is waived by the department for good cause.
(c) A daily on-sale general license may not be issued for use at premises permanently licensed unless the premises holds an on-sale general license and the applicant provides the department with a written notice from the on-sale general licensee which certifies that his license privileges will not be exercised in the separate room or rooms wherein the daily on-sale general license is to be issued; provided, however, that the department may, for good cause, issue a daily on-sale general license at any licensed premises where the permanent license has been temporarily surrendered.
(d) Beer or wine for resale by a daily on-sale general licensee may be purchased at either retail or wholesale within three days of the effective date of the license as provided by Section 25633 of the Business and Professions Code. Distilled spirits for resale by the daily on-sale general licensee must be purchased at retail from the holder of an off-sale general license. Unsold and unopened alcoholic beverages may be returned to the seller from whom purchased.
(e) The holder of a daily on-sale general license may sell alcoholic beverages from 6:00 a.m. on the first effective date of the license to 2:00 a.m. on the day following the last effective date of the license.
(f) A daily on-sale general license 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.

Cal. Code Regs. Tit. 4, § 59.5

1. New section filed 10-31-69 as an emergency; designated effective 11-10-69.
2. Certificate of Compliance included (Register 69, No. 44).
3. New subsection (f) and amendment of NOTE filed 1-27-94; operative 2-28-94 (Register 94, No. 4).

Note: Authority cited: Section 22, Article XX, California Constitution; and Section 25750, Business and Professions Code. Reference: Sections 23001, 23394, 23396, 23399, 23401, 23402, 24045, 24045.1, 24048, 25500, 25501, 25504, 25600 and 25633, Business and Professions Code.

1. New section filed 10-31-69 as an emergency; designated effective 11-10-69.
2. Certificate of Compliance included (Register 69, No. 44).
3. New subsection (f) and amendment of Note filed 1-27-94; operative 2-28-94 (Register 94, No. 4).