23095.  (a) Whenever a decision of the department suspending a
license for  15 days or less becomes final, whether by failure of the
licensee to appeal the decision or by exhaustion of all appeals and
judicial review, the licensee may, before the operative date of the
suspension, petition the department for permission to make an offer
in compromise, to be paid into the Alcohol Beverage Control Fund,
consisting of a sum of money in lieu of serving the suspension.  Upon
the receipt of the petition, the department may stay the proposed
suspension and cause any investigation to be made which it deems
desirable and may grant the petition if it is satisfied that the
following conditions are met:
   (1) The public welfare and morals would not be impaired by
permitting the licensee to operate during the period set for
suspension and the payment of the sum of money will achieve the
desired disciplinary purposes.
   (2) The books and records of the licensee are kept in such a
manner that the loss of sales of alcoholic beverages that the
licensee would have suffered had the suspension gone into effect can
be determined with reasonable accuracy therefrom.
   The offer in compromise shall be the equivalent of 50 percent of
the estimated gross sales of alcoholic beverages for each day of the
proposed suspension, and the offer in compromise shall be not less
than one thousand five hundred dollars ($1,500) or more than six
thousand dollars ($6,000).
   (b) Notwithstanding any other provision of this division, the
department may accept an offer in compromise from a retail licensee
in the equivalent of 50 percent of the estimated gross sales of
alcoholic beverages for each day of a proposed suspension and the
offer in compromise shall be not less than seven hundred fifty
dollars ($750) or more than three thousand dollars ($3,000), provided
the petitioning retailer has had no other accusation filed against
him or her by the department during the prior three years from the
date of the petition that has resulted in a final decision to suspend
or revoke the retail license concerned.
   (c) (1) Notwithstanding the provisions of subdivision (a), the
offer in compromise for nonretail licensees shall be the equivalent
of 50 percent of the estimated gross sales of alcoholic beverages for
each day of the proposed suspension, and the offer in compromise
shall be not less than seven hundred fifty dollars ($750) and shall
not exceed ten thousand dollars ($10,000) unless the nonretail
licensee has violated Section 25500, 25502, 25503, or 25600 by giving
to any licensee illegal inducements, secret rebates, or free goods
amounting to more than ten thousand dollars ($10,000) in value, in
which case the offer in compromise shall be equal to the value of the
illegal inducements, secret rebates, or free goods given.
   (2) Notwithstanding paragraph (1), any nonretail licensee who pays
an offer in compromise based upon a violation in the exercise of any
retail privileges of that license shall have the offer in compromise
computed on estimated retail gross sales only pursuant to
subdivision (a) or (b).
   (3) All moneys collected as a result of penalties imposed under
this subdivision shall be deposited directly in the General Fund in
the State Treasury, rather than the Alcohol Beverage Control Fund as
provided for in Section 25761.



23096.  The moneys derived from a payment in compromise under
Section 23095 shall be paid to the State Treasury for deposit in the
Alcohol Beverage Control Fund.  Upon such payment, the department
shall enter its further order permanently staying the imposition of
the suspension.



23097.  In connection with any such petition, the authority of the
department is limited to the granting of such stays as are necessary
for it to complete its investigation and make its findings and, if it
makes such findings, to the granting of an order permanently staying
the imposition of the entire suspension or of that portion of the
suspension not otherwise conditionally stayed by the decision of the
department.  If the suspension was imposed as a result of an
accusation filed by another public officer acting in his official
capacity, the department shall not order such permanent stay of
suspension without the written concurrence of such other public
officer.



23098.  If the department does not make the findings required in
Section 23095, and does not order the suspension permanently stayed,
the suspension shall go into effect on the operative date finally set
by the department.