Text of Second Modified Proposed Regulations

TITLE 4. ARTICLE 11. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL PROPOSED REGULATIONS

Legend

Text of amendments proposed for adoption.

• Text removed in the initial proposal is in strikethrough.
• Text added in the initial proposal is underline.
• Text removed from the initial proposal is in double strikethrough.
• Text added to the initial proposal is double underlined.

§ 61. Administrative Withdrawal of an Application and Disbursement of Refundable Fees License Limitations.

1. If an applicant for any alcoholic beverage license or permit abandons its application while the Department is performing its thorough investigation, the Department may deem an that application administratively withdrawn.
   1. To be considered abandoned, an applicant must fail to respond to the Department’s formal written request for contact for a period not less than sixty (60) calendar days.
      1. The Department will send its formal written request for contact after the applicant has failed to respond to the Department for at least sixty (60) days. The formal written request for contact shall include (1) a request that the applicant contact the Department within sixty (60) days of the date of the letter, and (2) the contact information for the Department, including a physical address for the local district office and an email address.
      2. A response from an applicant following a formal written request by the Department is considered received the day it is delivered to the Department either electronically, in person, or by mail.
   2. If a license pending transfer to a new applicant is revoked or canceled, the transfer application for that license will be considered abandoned due to the inability of a non-existent license to be transferred to a new licensee or location.
2. If the Department has administratively withdrawn an applicant’s application has been administratively withdrawn, the Department shall notify the former applicant in writing of the refundable amount of the application fees (“Department Notice”).taken during the application from the former applicant that can be refunded. This written The Department Notice notice shall state that also include how the former applicant may can request a refund by mail, or in person at the district office where the application was filed, within sixty (60) calendar days after the date of the Department Notice. and the date by which the former applicant must request their refund. The Department written notice shall send the Department Notice to the address provided in be sent using the contact information the former applicant placed upon their license application. The Department shall issue all such refunds by check using the information provided in the license application, except that payments made by credit card through the Department’s online portal that also included a convenience fee will be refunded to that credit card
   1. The refundable amount shall be determined per California Business & Professions Code sections 23320(c)(1); 23959; 23961(a)(2); 24045.5; 24072(g); 25761(a); and 25761(d).
3. If the Department issues a refund check pursuant to subsection (b)to a former applicant and the check goes uncashed for a full calendar year, the check will expire and be cancelled. The Department shall provide written notice to the former applicant of the refund check expiration and the amount of the fees taken during the application from the former applicant that can still be refunded. This written notice shall also and include how the former applicant can request a another refund within sixty (60) days of the expiration notice. and the time limit for the former applicant to request their refund. The written notice The Department shall send the expiration notice to the address provided be sent using the contact information the former applicant placed upon in the their license application.
4. If a former applicant does not request a refund of the fees taken during the application they are owed within sixty (60) calendar days of the initial Department a writtenNnotice from the Department pursuant to either pursuant to either subsection (b) or the expiration notice in subsection (c), the refund shall be deemed abandoned and be reverted to the ABC fund balance.
   1. A request for a refund is deemed received the day it is delivered to the Department either electronically, in person, or by mail as described in the written notice pursuant to either subsection (b) or (c).
5. If a refund check that is re-issued due to an applicant request received pursuant to subsection (c) above goes uncashed for a full calendar year, the check will again expire and be cancelled. The Department will then consider the refund abandoned and the funds shall be reverted to the ABC fund balance.

   1. Nothing in this section prohibits the Department from cancelling and reissuing a refund check to a former applicant upon a legitimate request prior to fund being considered abandoned pursuant to subsection (e) of this section.

Authority: Sections 23320, 23958, and 25750 Business and Professions Code; Section 22, Article XX, California Constitution.

Reference: Section 23054, 23320, 23958, 23959, 23961, 23985, 24044, 24045, 24045.5, 24048, 24070, 24072 and 25761 Business and Professions Code