reglab/housing_qa huggingface dataset:
CA Bus & Prof Code § 23081.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 4 - Appeals From Decisions of the Department|Section 23081.5.

23081.5.  An appeal to the board shall be deemed filed on the date it is received by the board electronically or by mail to the principal office; provided, however, an appeal mailed to the board by means of registered mail shall be deemed filed with the board on the date of the registry with the United States Post Office.(Amended by Stats. 2021, Ch. 306, Sec. 2. (AB 1589) Effective January 1, 2022.)
CA Bus & Prof Code § 23082 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 4 - Appeals From Decisions of the Department|Section 23082.

23082.  No decision of the department shall become effective during the period in which an appeal may be filed and the filing of an appeal shall stay the effect of the decision until such time as a final order is made by the board.(Added by Stats. 1954, 1st Ex. Sess., Ch. 20.)
CA Bus & Prof Code § 23083 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 4 - Appeals From Decisions of the Department|Section 23083.

23083.  (a) The board shall determine the appeal upon the record of the department and upon any briefs which may be filed by the parties. If any party to the appeal requests oral argument, the board shall schedule a date and time for argument. The board shall not receive any evidence other than that contained in the record of the proceedings of the department.(b) Notwithstanding Section 11425.10 of the Government Code, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the determination.(Amended by Stats. 2021, Ch. 306, Sec. 3. (AB 1589) Effective January 1, 2022.)
CA Bus & Prof Code § 23083.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 4 - Appeals From Decisions of the Department|Section 23083.5.

23083.5.  (a) The department shall collect a 3-percent surcharge on the annual fees provided for in Section 23320 on behalf of the appeals board at the same time the department makes its regular collections of annual fees pursuant to Section 23320. The surcharge shall be rounded to the nearest five dollars ($5) and pay the costs of the appeals board in carrying out its duties.(b) All surcharges collected by the department on behalf of the appeals board pursuant to this section shall be deposited in the Alcoholic Beverage Control Appeals Fund, which is hereby created. All moneys in the Alcoholic Beverage Control Appeals Fund shall be available to the appeals board, upon appropriation by the Legislature, to pay the actual costs of the appeals board in carrying out its duties under this chapter.(Amended by Stats. 2019, Ch. 29, Sec. 5. (SB 82) Effective June 27, 2019.)
CA Bus & Prof Code § 23084 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 4 - Appeals From Decisions of the Department|Section 23084.

23084.  The review by the board of a decision of the department shall be limited to the questions:(a) Whether the department has proceeded without, or in excess of, its jurisdiction.(b) Whether the department has proceeded in the manner required by law.(c) Whether the decision is supported by the findings.(d) Whether the findings are supported by substantial evidence in the light of the whole record.(e) Whether there is relevant evidence, which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department.(Added by Stats. 1954, 1st Ex. Sess., Ch. 20.)
CA Bus & Prof Code § 23085 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 4 - Appeals From Decisions of the Department|Section 23085.

23085.  In appeals where the board finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department, it may enter an order remanding the matter to the department for reconsideration in the light of such evidence. In all other appeals the board shall enter an order either affirming or reversing the decision of the department. When the order reverses the decision of the department, the board may direct the reconsideration of the matter in the light of its order and may direct the department to take such further action as is specially enjoined upon it by law, but the order shall not limit or control in any way the discretion vested by law in the department.(Added by Stats. 1954, 1st Ex. Sess., Ch. 20.)
CA Bus & Prof Code § 23086 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 4 - Appeals From Decisions of the Department|Section 23086.

23086.  In all cases, the board shall enter its order within 60 days after the filing of an appeal.(Added by Stats. 1954, 1st Ex. Sess., Ch. 20.)
CA Bus & Prof Code § 23087 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 4 - Appeals From Decisions of the Department|Section 23087.

23087.  Whenever any matter is pending before the board or a court of record involving a dispute between the department and a licensee, petitioner or protestant and the parties to such a dispute agree upon a settlement or adjustment thereof, the tribunal shall upon the stipulation by the parties that such an agreement has been reached, remand the matter to the department.(Added by Stats. 1959, Ch. 545.)
CA Bus & Prof Code § 23088 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 4 - Appeals From Decisions of the Department|Section 23088.

23088.  An order of the board on appeal from a decision of the department shall be in writing and shall be filed by delivering copies to the parties personally or electronically or by mailing copies to them by certified mail. An order shall become final upon being filed as provided herein, and there shall be no reconsideration or rehearing by the board.(Amended by Stats. 2021, Ch. 306, Sec. 4. (AB 1589) Effective January 1, 2022.)
CA Bus & Prof Code § 23089 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 4 - Appeals From Decisions of the Department|Section 23089.

23089.  Final orders of the board may be reviewed by the courts specified in Article 5 (commencing with Section 23090) of this chapter within the time and in the manner therein specified and not otherwise.(Added by Stats. 1967, Ch. 1525.)
CA Bus & Prof Code § 23090 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 5 - Judicial Review|Section 23090.

23090.  Any person affected by a final order of the board, including the department, may, within the time limit specified in this section, apply to the Supreme Court or to the court of appeal for the appellate district in which the proceeding arose, for a writ of review of such final order. The application for writ of review shall be made within 30 days after filing of the final order of the board.(Repealed and added by Stats. 1967, Ch. 1525.)
CA Bus & Prof Code § 23090.1 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 5 - Judicial Review|Section 23090.1.

23090.1.  The writ of review shall be made returnable at a time and place then or thereafter specified by court order and shall direct the board to certify the whole record of the department in the case to the court within the time specified. No new or additional evidence shall be introduced in such court, but the cause shall be heard on the whole record of the department as certified to by the board.(Added by Stats. 1967, Ch. 1525.)
CA Bus & Prof Code § 23090.2 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 5 - Judicial Review|Section 23090.2.

23090.2.  The review by the court shall not extend further than to determine, based on the whole record of the department as certified by the board, whether:(a) The department has proceeded without or in excess of its jurisdiction.(b) The department has proceeded in the manner required by law.(c) The decision of the department is supported by the findings.(d) The findings in the department’s decision are supported by substantial evidence in the light of the whole record.(e) There is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department.Nothing in this article shall permit the court to hold a trial de novo, to take evidence, or to exercise its independent judgment on the evidence.(Added by Stats. 1967, Ch. 1525.)
CA Bus & Prof Code § 23090.3 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 5 - Judicial Review|Section 23090.3.

23090.3.  The findings and conclusions of the department on questions of fact are conclusive and final and are not subject to review. Such questions of fact shall include ultimate facts and the findings and conclusions of the department. The board, the department, and each party to the action or proceeding before the board shall have the right to appear in the review proceeding. Following the hearing, the court shall enter judgment either affirming or reversing the decision of the department, or the court may remand the case for further proceedings before or reconsideration by the department.(Added by Stats. 1967, Ch. 1525.)
CA Bus & Prof Code § 23090.4 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 5 - Judicial Review|Section 23090.4.

23090.4.  The provisions of the Code of Civil Procedure relating to writs of review shall, insofar as applicable, apply to proceedings in the courts as provided by this article. A copy of every pleading filed pursuant to this article shall be served on the board, the department, and on each party who entered an appearance before the board.(Added by Stats. 1967, Ch. 1525.)
CA Bus & Prof Code § 23090.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 5 - Judicial Review|Section 23090.5.

23090.5.  (a) Except as provided in subdivision (b), a court of this state, except the Supreme Court and the courts of appeal to the extent specified in this article, shall not have jurisdiction to review, affirm, reverse, correct, or annul any order, rule, or decision of the department or to suspend, stay, or delay the operation or execution thereof, or to restrain, enjoin, or interfere with the department in the performance of its duties, but a writ of mandate shall lie from the Supreme Court or the courts of appeal in any proper case.(b) Notwithstanding subdivision (a), a superior court shall have jurisdiction to review an emergency decision issued by the department pursuant to Article 13 (commencing with Section 11460.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, in the manner provided by Section 11460.80 of the Government Code. Review by a superior court pursuant to this subdivision shall not be construed as giving the superior court jurisdiction over any other matter or aspect of a case pending before the department. The decision of a superior court following review of the emergency decision shall not be considered by the department in connection with the adjudicative proceedings commenced as required by Section 11460.60 of the Government Code, or by the Alcoholic Beverage Control Appeals Board, court of appeal, or Supreme Court upon review of a final decision of the department.(Amended by Stats. 2019, Ch. 257, Sec. 2. (SB 788) Effective September 5, 2019.)
CA Bus & Prof Code § 23090.6 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 5 - Judicial Review|Section 23090.6.

23090.6.  The filing of a petition for, or the pendency of, a writ of review shall not of itself stay or suspend the operation of any order, rule, or decision of the department, but the court before which the petition is filed may stay or suspend, in whole or in part, the operation of the order, rule, or decision of the department subject to review, upon the terms and conditions which it by order directs.(Added by Stats. 1967, Ch. 1525.)
CA Bus & Prof Code § 23090.7 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 5 - Judicial Review|Section 23090.7.

23090.7.  No decision of the department which has been appealed to the board and no final order of the board shall become effective during the period in which application may be made for a writ of review, as provided by Section 23090.(Added by Stats. 1967, Ch. 1525.)
CA Bus & Prof Code § 23096 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 6 - Stay of Suspension|Section 23096.

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.(Added by Stats. 1957, Ch. 2298.)
CA Bus & Prof Code § 23097 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 6 - Stay of Suspension|Section 23097.

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.(Amended by Stats. 1961, Ch. 775.)
CA Bus & Prof Code § 23098 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 1.5 - Administration|ARTICLE 6 - Stay of Suspension|Section 23098.

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.(Added by Stats. 1957, Ch. 2298.)
CA Bus & Prof Code § 23300 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 3 - Licenses and Fees|ARTICLE 1 - In General|Section 23300.

23300.  No person shall exercise the privilege or perform any act which a licensee may exercise or perform under the authority of a license unless the person is authorized to do so by a license issued pursuant to this division.(Added by Stats. 1953, Ch. 152.)
CA Bus & Prof Code § 23300.1 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 3 - Licenses and Fees|ARTICLE 1 - In General|Section 23300.1.

23300.1.  (a) A written agreement regarding the sharing or splitting of gross revenue from the sale of alcoholic beverages between a licensee and a district agricultural association, the California Exposition and State Fair, a county fair, or a citrus fruit fair, in connection with the sale of alcoholic beverages during a state or county fair is not the exercise of a license privilege or performance of an act for which a license is required, unless the agreement, or any other related agreement or understanding, results in an unlicensed person exercising control or undue influence over a licensee or the operation of a licensed business. (b) Notwithstanding subdivision (a), all other provisions of this division shall apply to the written agreement. (Added by Stats. 2016, Ch. 131, Sec. 1. (AB 2135) Effective January 1, 2017.)
CA Bus & Prof Code § 23301 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 3 - Licenses and Fees|ARTICLE 1 - In General|Section 23301.

23301.  Any person violating Section 23300 is guilty of a misdemeanor, except that any person, without having a still license, exercising the privileges or performing any act which a still licensee may exercise or perform is guilty of a felony.(Added by Stats. 1953, Ch. 152.)
CA Bus & Prof Code § 23320.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 3 - Licenses and Fees|ARTICLE 2 - Fees|Section 23320.5.

23320.5.  (a)  (1)  In addition to the annual fees provided for in subdivision (b) of Section 23320, the department shall collect a surcharge of ten dollars ($10).(2) This section shall not apply to the following licenses: out-of-state beer manufacturer certificate (Type 26), out-of-state distilled spirits shipper certificate (Type 28), winegrape grower storage (Type 29), special on-sale beer and wine symphony (Type 65), bed and breakfast inn (Type 67), wine sales event permit (Type 81), direct shipper permit (Type 82), event permit (Type 77), special on-sale general; per room (Type 80), on-sale general caterer’s (Type 83), certified farmers’ market beer (Type 84), limited off-sale wine license (Type 85), and instructional tasting license (Type 86).(b) (1) All money collected from the surcharge described in subdivision (a) shall be deposited in the Motor Vehicle Account in the State Transportation Fund, and shall be used for the Department of the California Highway Patrol’s Designated Driver Program, when appropriated to the Department of the California Highway Patrol for that purpose.(2) The Department of California Highway Patrol shall prioritize the expenditure of funds received pursuant to this subdivision for the Designated Driver Program’s outreach and education activities in, and adjacent to, individual events or venues, including, but not limited to, stadiums, parks, entertainment complexes, and arenas.(Amended by Stats. 2019, Ch. 29, Sec. 10. (SB 82) Effective June 27, 2019.)
CA Bus & Prof Code § 23320.6 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 3 - Licenses and Fees|ARTICLE 2 - Fees|Section 23320.6.

23320.6.  (a) The Wine Safety Fund is hereby created as a special fund in the State Treasury, in trust, to the State Department of Health Services for the purpose of providing funds to better enable its Food and Drug Branch to carry out and supervise a statistically valid testing program to ensure that levels of lead in wine sold in this state remain safe and within tolerances established by applicable laws and regulations, for the health and safety of the consuming public upon appropriation by the Legislature in the annual Budget Act. The fees collected pursuant to Section 23320.7 shall be sufficient to cover, but shall not exceed, the costs of administering the testing program, including the reimbursement of any importer or retailer for the wholesale cost of any wine tested, conducted pursuant to this section. All moneys collected under Section 23320.7, including any interest accrued thereon, shall be deposited in the Wine Safety Fund.(b) It is the intent of the Legislature to appropriate moneys in the Wine Safety Fund in equal amounts of fifty-five thousand three hundred dollars ($55,300) over five years to the State Department of Health Services for expenditure exclusively for the purposes set forth in subdivision (a).(Amended by Stats. 1999, Ch. 288, Sec. 1. Effective January 1, 2000.)
CA Bus & Prof Code § 23321 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 3 - Licenses and Fees|ARTICLE 2 - Fees|Section 23321.

23321.  The license for trains shall be issued to a railroad company or other person selling distilled spirits on board trains operating in this State, and a duplicate thereof shall be obtained for each train on which distilled spirits are sold. The license for cars of sleeping car companies shall be issued to a sleeping car company operating sleeping cars in this State, and a duplicate thereof shall be obtained for each train in which distilled spirits are sold by such companies. The license for airplanes shall be issued to an air common carrier selling distilled spirits on board airplanes operating in this State, and a duplicate thereof shall be obtained for each scheduled flight on which distilled spirits are sold.(Amended by Stats. 1955, Ch. 1221.)
CA Bus & Prof Code § 23321.6 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 3 - Licenses and Fees|ARTICLE 2 - Fees|Section 23321.6.

23321.6.  The license for vessels of more than 1,000 tons burden engaged in interstate and foreign commerce shall be issued to a common carrier by water selling distilled spirits on board vessels operating in this State, and a duplicate thereof shall be obtained for each vessel on which distilled spirits are sold.(Added by Stats. 1959, Ch. 2192.)
CA Bus & Prof Code § 23321.7 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 9 - ALCOHOLIC BEVERAGES|CHAPTER 3 - Licenses and Fees|ARTICLE 2 - Fees|Section 23321.7.

23321.7.  (a)  The on-sale general bona fide public eating place intermittent dockside license for vessels of more than 7,000 tons displacement may be issued for any vessel of more than 7,000 tons displacement with cabin berth capacity for at least 75 passengers. Each license issuable under this section shall be used only in the county where issued, but a vessel qualified under this section may be issued such a license in more than one county. Notwithstanding the provisions of Section 23397, the licensee under each such license shall be authorized to sell alcoholic beverages to the general public aboard the vessel respecting which the license is issued when the vessel is securely lashed on berth in the county for which the license is issued, provided that such sales are incidental to the passenger operations of such vessel and beverages are purchased from persons licensed to sell alcoholic beverages for resale in this state. In no event shall the rights under any such license be exercised in any county during more than 100 calendar days in any calendar year. (b) Notwithstanding the provisions of Article 2 (commencing with Section 23815) of Chapter 5 of this division, there shall not be a limitation, other than provided in this section, on the number of licenses that may be issued under this section to applicants who meet its requirements. Except as otherwise specifically provided in this section, all provisions of this division shall apply to any license issued under this section in the same manner as such provisions apply to an on-sale general license issued for a bona fide public eating place, provided that a caterer’s permit shall not be issued pursuant to Section 23399 with respect to any license issued hereunder, and provided further that any duplicate license issued pursuant to Section 24042 respecting such vessel shall bear the same fee as an on-sale general dockside license (Type 62) specified by subdivision (b) of Section 23320.(Amended by Stats. 2019, Ch. 29, Sec. 11. (SB 82) Effective June 27, 2019.)