§ 62. Law Enforcement Personnel Not to Hold Licenses.

No license authorized by the Alcoholic Beverage Control Act shall be held by, or issued or transferred to, any person holding office in, or employed by, any agency of the State of California or any of its political subdivisions when the duties of such person have to do with the enforcement of the Alcoholic Beverage Control Act or any other penal provisions of law of this State prohibiting or regulating the sale, use, possession or manufacture of alcoholic beverages. This rule is deemed to apply specifically, but without limiting its effect, to any persons employed in the Department of Justice of the State of California, in any district attorney's office, in any sheriff's office, in any local police department, or in the Department of Alcoholic Beverage Control. This rule shall not prohibit the ownership of any license interest by any local law enforcement officer or local reserve law enforcement officer where the licensed premises are located in a county other than that in which he is employed as a law enforcement officer.

This rule shall apply to any person mentioned herein who has any ownership interest, directly or indirectly, in any business to be operated or conducted under an alcoholic beverage license.

The provisions of this rule shall not apply to the ownership of any stock of a corporation the stock of which is listed on a stock exchange, or to the ownership of any stock of a bank, trust company, financial institution or title company to which a license is issued in a fiduciary capacity. This rule shall not apply to any person who holds a license in the capacity of executor, administrator or guardian. This rule shall not apply to a peace officers association qualifying for a club license pursuant to Section 23428.10 of the Alcoholic Beverage Control Act.

HISTORY

1. Amendment filed 2-2-77; designated effective 3-7-77 (Register 77, No. 6). For prior history, see Register 62, No. 21.

2. Amendment filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).

Note

Note: Authority cited: Section 25750, Business and Professions Code; Section 22, Article XX, California Constitution. Reference: Section 23428.10, Business and Professions Code.