§ 70. Licensing of Permanent Non-Contiguous Areas.
4 CA ADC § 70Barclays Official California Code of RegulationsEffective: April 1, 2024
Effective: April 1, 2024
4 CCR § 70
§ 70. Licensing of Permanent Non-Contiguous Areas.
(a) The intent of this regulation is to establish parameters for the permanent licensing of additional areas that are in reasonable proximity to, but not contiguous to, and not operating independently from, a main licensed area within which alcoholic beverages are served for consumption on the premises.
a. The non-contiguous area may be unattended for periods of time not to exceed five (5) minutes. This exception does not apply if there is an approved bar or dispensing point in the non-contiguous area and there are unsecured alcoholic beverages present pursuant to Title 4, California Code of Regulations, section 70(d)(8).
(3) Unless otherwise prohibited by law, persons may traverse an unlicensed area between the main licensed area and a non-contiguous area in possession of an open alcoholic beverage container. The licensee shall not permit any person to consume alcoholic beverages in an unlicensed area used for the traversal from the main licensed area and a non-contiguous area. The licensee shall not permit persons to leave the licensed areas with an open alcoholic beverage container, except for the express purpose of traversing an unlicensed area as allowed by this subsection.
(4) The licensee shall have the authority to exercise full control over the non-contiguous area when the non-contiguous area is open and operating, or the non-contiguous area cannot be licensed. This control shall include the right to prohibit any person from entering or remaining in the licensed area.
(5) The boundaries of the non-contiguous area shall be identified in a manner approved by the department in connection with a specific application for a license that includes a non-contiguous area such that any person may be readily able to discern the non-contiguous area within which alcoholic beverages may be served or consumed.
(6) Except as otherwise authorized by law, only licensees holding licenses authorizing the exact same privileges for the consumption of alcoholic beverages on their licensed premises may share a common non-contiguous area. All licensees shall be responsible for activities that occur in a shared non-contiguous area.
(7) If a non-contiguous area may be accessed by members of the public at times during which it is not open and operating, the licensee shall not be responsible for activities occurring in the non-contiguous area during such times that the non-contiguous area is not open and operating, even if the main licensed area is open and operating. This limitation on responsibility only applies to the department's administrative actions.
(8) If an approved bar or dispensing point is located within the non-contiguous area, it shall be always staffed by the licensee when unsecured alcoholic beverages are present in the non-contiguous area. For the purpose of this subsection, “unsecured alcoholic beverage” means any alcoholic beverage container not secured within a locked fixture, even if manufacturer sealed. The fixture referenced in this subsection does not need to be permanently affixed within the non-contiguous area.
(h) A distance established for any notice required to the public by law in connection with an application for an alcoholic beverage license that includes a non-contiguous area shall be measured from the boundaries of both the main licensed area and the non-contiguous area. The boundaries shall be established by the premises diagram filed with the department pursuant to Title 4, California Code of Regulations, section 64.2(a).
(i) The notice of intention to engage in the sale of alcoholic beverages upon the licensed premises in connection with an application for an alcoholic beverage license that includes a non-contiguous area, as required by law, must be posted at both the main licensed area and the non-contiguous area for the entire period required by law.
(j) The main licensed area shall at all times satisfy the requirements necessary for the particular license issued. This shall include maintaining such facilities or equipment as may be required by law for the specific license or to exercise any of the privileges under the license. The non-contiguous area shall not be used to satisfy any of the requirements that are necessary to the licensing or continued operation of the main licensed area.
Credits
Note: Authority cited: Article XX, Section 22, California Constitution; and Section 25750, Business and Professions Code. Reference: Sections 23320, 23357, 23358, 23358.2, 23363.1, 23363.3, 23389, 23390, 23392, 23396, 23396.3, 23396.5, 23399, 23401, 23401.5, 23502, 23508, 23550, 23552, 23800, 23801, 23802, 23803, 23804, 23805, 23950, 23951, 23952, 23953, 23954, 23957, 23958, 23985, 23985.5, 23986, 23987, 24013, 24013.1, 24013.2, 24040, 24041, 24042, 24042.5, 24044, 24044.5, 24045, 24072, 25607 and 25750.5, Business and Professions Code.
History
1. New section filed 12-22-2023; operative 4-1-2024 (Register 2023, No. 51).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 4, § 70, 4 CA ADC § 70
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