No original off-sale general license shall be issued to any premises for which an on-sale license is issued, except that the department may issue an off-sale general license to premises licensed under an on-sale general license if it is satisfied that the on-sale business and the off-sale business are to be physically separated and operated independently of each other and the privileges thereby granted are to be fully exercised in a bona fide manner. Subject to the provisions of Section 24044 of the Alcoholic Beverage Control Act, and Rule 65 of these regulations, no off-sale general license shall be held by any person who does not, in good faith, exercise the privileges granted thereby at the licensed premises.
Cal. Code Regs. Tit. 4, § 61.5
Note: Authority cited: Section 25750, Business and Professions Code; Section 22, Article XX, California Constitution. Reference: Sections 23300, 23320, 23355, 23394, 23401 and 24040, Business and Professions Code.