California Business and Professions Code

§ 23803

BPC § 23803 Effective Jun 27, 2019Div. 9 · Ch. 5 · Art. 1.5

Statute text

(a)The department, upon its own motion or upon the petition of a licensee or a transferee who has filed an application for the transfer of the license, if it is satisfied that the grounds that caused the imposition of the conditions no longer exist, shall order their removal or modification, provided written notice is given to the local governing body of the area in which the premises are located. The local governing body has 30 days to file written objections to the removal or modification of any condition. The department may not remove or modify any condition to which an objection has been filed without holding a hearing as provided in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(b)For purposes of this section, a situation in which the “grounds that caused the imposition of the conditions no longer exist” includes, but is not limited to, the situation in which there have been substantial changes in the totality of circumstances such that the department determines that the current circumstances reasonably justify the modification or removal of the conditions.

(c)Any petition for the removal or modification of a condition pursuant to this section shall be accompanied by a fee of four hundred seventy-five dollars ($475). This fee may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320.

Legislative history

Amended by Stats. 2019, Ch. 29, Sec. 36. (SB 82) Effective June 27, 2019.