§ 87157 — Application Review

(a)  No initial license shall be issued until the licensing agency has completed the following:

(1)  A review which includes an on-site survey of the proposed premises and a determination of the qualifications of the applicant.

(2)  A determination that the applicant has secured a fire clearance from the State Fire Marshal.

(3)  A determination that the applicant and facility comply with the provisions of Chapter 3 (commencing with section 1569) of Division 2 of the Health and Safety Code, and the regulations in this chapter.

(b)  The licensing agency shall cease review of any application as specified in Health and Safety Code section 1569.16.

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Health and Safety Code section 1569.16 provides in part:

"(a)(1)  If an application for a license indicates, or the department determines during the application review process, that the applicant previously was issued a license... and the prior license was revoked within the preceding two years, the department shall cease any further review of the application until two years shall have elapsed from the date of revocation. ...

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(b)  If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant had previously applied for a license under any of the chapters listed in subdivision (a) and the application was denied within the last year, the department shall, except as provided in section 1569.22, cease further review of the application until one year has elapsed from the date of the denial letter.  In those circumstances where denials are appealed and upheld at an administrative hearing, review of the application shall cease for one year from the date of the decision and order being rendered by the department.  The cessation of review shall not constitute a denial of the application...."

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(1)  "Application was denied within the last year" as specified in Health and Safety Code section 1569.16(b) shall include initial applications.

(2)  If cessation of review occurs, the application shall be returned to the applicant.  It shall be the responsibility of the applicant to request resumption of review as specified in Health and Safety Code section 1569.16.

(3)  The application fee shall be non-refundable as specified in Section 87156(e).

NOTE:  Authority cited:  Section 1569.30, Health and Safety Code.  Reference:  Sections 1569.15, 1569.16, 1569.17, 1569.20 and 1569.205, Health and Safety Code.