§ 68.5. Issuance or Transfer of Corporate Stock; Change of Corporate Directors or Officers.
4 CA ADC § 68.5Barclays Official California Code of Regulations
4 CCR § 68.5
§ 68.5. Issuance or Transfer of Corporate Stock; Change of Corporate Directors or Officers.
(a) Each corporate licensee shall, within thirty days of a change of the members of the board of directors, or a change in any of the corporate officers required by Section 312 of the Corporations Code, or the issuance or transfer of shares of its stock which results in a person not previously approved owning 10% or more of its stock, comply with the following conditions:
(b) The department shall make an investigation to determine whether provisions of the Alcoholic Beverage Control Act and the Rules have been complied with and to determine the qualifications of the persons who present themselves as required in (a) (2) above. Where the department finds that the person does not have the qualifications to hold an alcoholic beverage license under Division 9 of the Business and Professions Code or Chapter 1, Title 4 of the California Administrative Code, the following procedure shall apply:
(2) In all other cases the department shall notify in writing the corporate licensee and the person who was found to be disqualified. Such written notice shall become “The statement of issues,” as the term is used in Section 11504 of the Government Code. Within ten (10) days after such notification is mailed, the person or corporate licensee may petition the department in writing for a hearing on such notice of disqualification. On receipt of the petition, a hearing shall be scheduled thereon. The provisions of Section 24300 of the Business and Professions Code and Chapter 5 (commencing with Section 11500) of Part 1, Division 3 of Title 2 of the Government Code, shall govern such proceedings.
(c) When the department finds an officer, director or stockholder to be disqualified and the department's decision becomes final, as provided for by law, the department shall notify the licensed corporation in writing that it has thirty (30) days in which to take such action as may be necessary to remove the disqualified person from the corporation. Failure to so act within the prescribed period may be cause for disciplinary action by the department for the purpose of suspending or revoking the license. In any such disciplinary action, any findings of fact previously adopted by the department in connection with the person's disqualifications shall be presumptive proof as to the issue of the person's qualifications.
Credits
Note: Authority cited: Section 25750, Business and Professions Code; Section 22, Article XX, California Constitution. Reference: Sections 23958, 24070, 24071 and 24071.1, Business and Professions Code.
History
1. Amendment filed 6-17-77; effective thirtieth day thereafter (Register 77, No. 25). For prior history, see Register 72, No. 7.
This database is current through 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 4, § 68.5, 4 CA ADC § 68.5
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