Denial of Licenses
Cal. BPC § 24013
California Statutes
(
a) Protests may be filed at any office of the department within days from the first date of posting the notice of intention to engage in the sale of alcoholic beverages at the premises, within days of the mailing of the notification pursuant to
Section 23985.5, or within days of the mailing of the notices of the department to public officials as required by
Section 23987, whichever is later. The time within which a local law enforcement agency may file a protest shall be extended by the period prescribed in
Section 23987, pursuant to a request made under that section. (b)
(1) The department may reject protests, except protests made by a public agency or public official or protests made by the governing body of a city or county, if it determines the protests are false, vexatious, frivolous, invalid or unreasonable, or without reasonable or probable cause at any time before hearing thereon, notwithstanding
Section or 24300. If, after investigation, the department recommends that a license be issued notwithstanding a protest by a public agency, a public official, or the governing body of a city or county, the department shall notify the agency, official, or governing body in writing of its determination and the reasons therefor, in conjunction with the notice of hearing provided to the protestant pursuant to
Section of the Government Code. If the department rejects a protest as provided in this
section and issues a license, a protestant whose protest has been rejected may, within days after the issuance of the license, file an accusation with the department alleging the grounds of protest as a cause for revocation of the license and the department shall hold a hearing as provided in
Chapter 5 (commencing with
Section 11500) of Part of Division of Title of the Government Code.
(2) The department shall promulgate regulations by January 1, 2016, to implement this provision. (
c) Nothing in this
section shall be construed as prohibiting or restricting any right that the individual making the protest might have to a judicial proceeding.