Section 19859 - [Effective Until 1/1/2025] Denial of license to disqualified applicantThe commission shall deny a license to any applicant who is disqualified for any of the following reasons:
(a) Failure of the applicant to clearly establish eligibility and qualification in accordance with this chapter.(b) Failure of the applicant to provide information, documentation, and assurances required by this chapter or requested by the chief, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria.(c)(1) Except as provided in paragraph (2), conviction of a felony, including a conviction by a federal court or a court in another state for a crime that would constitute a felony if committed in California.(2) A conviction of a felony for the possession of cannabis, the facts of which would not constitute a felony or misdemeanor under California law on the date the application for a license is submitted, shall not constitute a basis to deny a license pursuant to this section.(d) Conviction of the applicant for any misdemeanor involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code; provided, however, that the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the commission under Section 19856 or affect the applicant's burden under Section 19857. (e) Association of the applicant with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.(f) Contumacious defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; official corruption related to gambling activities; or criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.(g) The applicant is less than 21 years of age, except as provided by this chapter.Ca. Bus. and Prof'l. Code § 19859
Amended by Stats 2019 ch 432 (AB 649),s 1, eff. 1/1/2020.Amended by Stats 2017 ch 363 (SB 112),s 1, eff. 9/28/2017.Amended by Stats 2007 ch 176 (SB 82),s 18, eff. 8/24/2007.Renumbered from Ca. Bus. & Prof. Code §19850A and amended by Stats 2002 ch 738 (AB 2431), s 44, eff. 1/1/2003.Former section 19859 renumbered as Ca. Bus. & Prof. Code §19873 by Stats 2002 ch 738 (AB 2431), s 58, eff. 1/1/2003.This section is set out more than once due to postponed, multiple, or conflicting amendments.