§ 67.1. Beer Public Premises.

(a) On and after November 8, 1967, any premises for which an on-sale beer license has been or is issued, shall be a public premises as defined in Section 23039(a)(2) of the Alcoholic Beverage Control Act if no food is prepared and sold on the premises for consumption on the premises. As used in the foregoing sentence “food” includes sandwiches, hamburgers, hot dogs, pizza, tacos, salads, desserts (other than pre-packaged individual servings of ice cream, ice milk or imitation ice cream), and similar short orders.

(b) Any on-sale beer license issued or transferred on or after November 8, 1967, for premises on which no food is prepared and sold as provided in (a) of this rule, shall be designated as an “On-Sale Beer License for Public Premises.”

(c) Any person who, on November 8, 1967, holds an on-sale beer license, other than a license designated as “On-Sale Beer License for Public Premises,” for premises on which no food is prepared and sold as provided in (a) of this rule, may at the time such person renews his license for 1968, notify the department that his license is to be designated as “On-Sale Beer License for Public Premises.” No fee shall be charged for such initial designation if made at the time the license is renewed for 1968.

Any person who holds an on-sale beer license, other than a license designated as “On-Sale Beer License for Public Premises,” for premises on which no food is prepared and sold as provided in (a) of this rule, shall prior to March 1, 1968, notify the department that the license is to be designated as “On-Sale Beer License for Public Premises.” If such notification of designation is made other than at the time the license is renewed for 1968, the exchange fee prescribed by Business and Professions Code Section 24072.2 shall accompany said notification.

(d) Each licensee who holds an “On-Sale Beer License for Public Premises” shall comply with the provisions of Rule 107 of the department's rules. The provisions of Section 25665 of the Alcoholic Beverage Control Act shall apply to each licensee who holds an “On-Sale Beer License for Public Premises.”

(e) An on-sale beer license may be exchanged for an “On-Sale Beer License for Public Premises,” and an “On-Sale Beer License for Public Premises” may be exchanged for an on-sale beer license in accordance with the provisions of this rule and with the provisions of Sections 23039 and 24072.2 of the Alcoholic Beverage Control Act.

HISTORY

1. New section filed 10-9-67; effective thirtieth day thereafter (Register 67, No. 41).

2. Amendment of subsection (d) filed 2-2-77; designated effective 3-7-77 (Register 77, No. 6).

Note

Note: Authority cited: Sections 23039, 24070.1, 24072.1, 24072.2, 25665 and 25750, Business and Professions Code; Section 22, Article XX, California Constitution.