COUNT 4 Violation of License Condition #7 By reason of the following facts, there is cause for suspension or revocation of the licensees), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance orthe license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows: On or about June 26, 2010, respondent-licensee' s license was subject to certain conditions, including, but not limited to, Condition #7 which stated "As stated in Condition #6, the petitioner may only exercise licensed privileges in the parking lot area that are authorized under a Type 77 Event Permit. Said events arc limited to the area or the parking lot shown on Exhibit # 1, ABC -253, dated February 2, 1998." On June 26, 2010 the respondent-licensee violated this condition in that the respondent-licensee exercised licensed privileges in its parking lot area without having first obtained a Type 77 Event Permit, such exercising of privi leges therein without the Type 77 Event Permit constituted a violation of the license condition #7 and therefore grounds for license suspension or revocation under Business and Professions Code Section 23804. COUNT 5
Dispensing, Selling or Delivering Alcoholic Beverages Outside The Licensed Premises
By reason of the following facts, there is cause for suspension or revocation of the licensees), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows: On or about June 25, 2010 and June 26,20 10, respondent-licensee exceeded its li censed privileges by erecting, maintaining or perm itt ing the erecting and maintenance of booths or kiosks outside of the licensed premises, but upon property under the control of the licensee, and from said booths or kiosks, dispensed, sold, furnished, served or del ivered beer or other alcoholic beverages to patrons in violation of Business and Professions Code Sections 23300 and 23355.