1. (a) Where a business is the community property of husband and wife, an alcoholic beverage license may be issued or held either:

   1. (1) In the name of both husband and wife; or

   2. (2) In the name of either spouse, if it can be demonstrated by evidence satisfactory to the department that the unlicensed spouse is qualified and cannot participate in the operation of the business for reasons including, but not limited to, the following:

      1. (A) Physical disability;
      2. (B) Absence from the State for a prolonged period.
2. (b) Where a business is the separate property of a spouse, established by satisfactory proof to the department, an alcoholic beverage license may be issued in the spouse's name alone.
3. (c) The unlicensed spouse must have the qualifications required of a holder of a license unless the husband and wife are not living together and have not lived together for at least six months.
4. (d) The provisions of this rule shall apply to the ownership, by either spouse, of 10 percent or more of the stock of any corporation holding an alcoholic beverage license.

Note: Authority cited: Sections 23300, 23355, 23950, 23951, 23952, 23953, 23958, and 24040, Business and Professions Code.

History

1. New section filed 4-7-58; designated effective 5-15-58 (Register 58, No. 6). For history of former Section 58, see Register 10, No. 7.

2. Amendment filed 7-13-62; designated effective 8-15-62 (Register 62, No. 14).

3. Amendment filed 10-25-63; effective thirtieth day thereafter (Register 63, No. 19).

4. Amendment filed 8-16-72; designated effective 9-20-72 (Register 72, No. 34).