1. (a) A protest by an individual or organization shall be limited to one signatory. A signatory for an organization shall be an individual authorized to act on behalf of the organization.
2. (b) A protest made by an individual or organization shall state the grounds for the protest, which shall relate to the qualifications of the applicant, the qualification of the premises, or compliance with the provisions of the Alcoholic Beverage Control Act.
3. (c) A protest made by an individual or organization shall be verified with a statement that the information in the protest is true and of the individual's own knowledge, except as to matters which are therein stated on their information or belief, and as to matters stated upon information and belief, that they believe those matters to be true.
4. (d) A protest made by an individual or organization must include contact information consisting of, at a minimum, a mailing address and an email address.

5. (e) A protest made by an individual or organization shall be filed with the Department within the protest period, which begins at the time the application is filed and ends thirty (30) calendar days after any of the following occurs, whichever is later:

   1. (1) The posting of notice at the proposed licensed premises as required by law;
   2. (2) The date the applicant mails the required notice to every resident and real property owner pursuant to Business and Professions Code section 23985.5. The burden of establishing when the mailing was done or if no mailing was required pursuant to Business and Professions Code section 23985.5 shall be upon the applicant; or
   3. (3) The date the Department mails the notice to public officials pursuant to Business and Professions Code section 23987.
6. (f) A protest filed by email shall be sent to the Department at the email address listed upon the statutorily required notice provided by applicants pursuant to Business and Professions Code sections 23985, 23985.5, and 23986, if provided.
7. (g) The Department shall accept a protest made by an individual or organization only if it complies with subdivisions (b) through (f) of this section. A protest that does not comply may be corrected and refiled by a protestant within the protest period.
8. (h) The Department shall provide the applicant a list of all protests accepted under this section within thirty (30) calendar days of the close of the protest period. The Department shall provide the full and complete copy of any accepted protests, including any provided contact information for an accepted protestant, within ten (10) business days of an applicant's request. An applicant request for a complete copy of an accepted protest can only be made after the list of accepted protests has been provided to the applicant pursuant to this subsection.

9. (i) At any time before the hearing under subdivision (m) of this section, the Department may reject, in whole or in part, any protest made by an individual or organization if the Department determines the protest is false, vexatious, frivolous, invalid or unreasonable, or without reasonable or probable cause pursuant to Business and Professions Code section 24013(b)(1). In making this determination, the Department will consider the following factors:

   1. (1) Issues raised are outside the jurisdiction of the Department to review during a licensing investigation;
   2. (2) Lack of specificity of the issues raised in the protest to the applicant or the proposed licensed premises;
   3. (3) The protest fails to identify reasonable or probable cause to support issues raised in the protest;
   4. (4) A relationship of the individual or organization to the applicant prior to the submission of the application;
   5. (5) The protest was untimely filed; and
   6. (6) The protest failed to be verified by the individual or organization.
10. (j) The Department shall notify a protestant whose protest has been rejected within five (5) business days of the determination of the rejection. The required notice shall include the reasons the Department rejected the protest in whole or in part.
11. (k) If the Department has wholly rejected a protest made by an individual or organization under subdivision (i) of this section and issues a license to the applicant, an individual or organization whose protest was wholly rejected may file an accusation within ten (10) days after the issuance of the license. Any accusation under this subdivision shall allege the grounds of protest as cause for the revocation of the issued license.
12. (l) Upon timely filing of an accusation under subdivision (k), the Department shall set a hearing on the accusation as provided in Chapter 5 (commencing with section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

13. (m) An individual or organization whose protest has been accepted by the Department under subdivision (g) of this section may request a hearing on the issues presented in their protest if the Department recommends issuance of the license notwithstanding the protest.

    1. (1) A request for hearing shall be in writing and filed with the Department within fifteen (15) business days of the Department's notification pursuant to Business and Professions Code section 24015.
    2. (2) Upon timely request for hearing, the Department shall set a hearing on the protest.
    3. (3) The Department shall accept an untimely request for hearing upon a showing of good cause and set a hearing on the protest, unless the license has already been issued.
    4. (4) At a hearing requested under this subdivision, the issues to be determined shall be limited to only those raised in the protest and accepted by the Department.

Note: Authority cited: Article XX, Section 22, California Constitution; and Sections 24013 and 25750, Business and Professions Code. Reference: Sections 23958, 23958.1, 23958.2, 23985, 23985.5, 24013, 24013.2, 24014 and 24015, Business and Professions Code.

History

1. New section filed 6-23-2025; operative 10-1-2025 (Register 2025, No. 26).