reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 7 - Suspension and Revocation of Licenses › Section 24206.

24206. All accusations against licensees for violating or permitting the violation of Sections 24750 to 24757, inclusive, 24850 to 24881, inclusive, 25000 to 25010, inclusive, 25170 to 25238, inclusive, 25600, 25602, 25607, 25609, 25610, 25611, 25612, 25615, 25630, 25631, 25632, 25633, 25656, 25658, 25663, 25664, or 25665, shall be filed within one year.
(Amended by Stats. 1963, Ch. 1040.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 7 - Suspension and Revocation of Licenses › Section 24207.

24207. All accusations against licensees for violating or permitting the violation of Sections 23300, 23355, 23431, 23453, 24200.5, 25500 to 25508, inclusive, 25601, 25616, or 25657, shall be filed within three years.
(Added by Stats. 1957, Ch. 1962.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 7 - Suspension and Revocation of Licenses › Section 24208.

24208. The periods of one year and three years referred to in Sections 24206 and 24207 shall commence to run as follows:
(a) If the act or omission alleged as the basis for the suspension or revocation of the license constituted a single transaction, then from the date of the transaction.
(b) If the act or omission alleged as the basis for the suspension or revocation of the license is of a continuing nature, relating to a condition, or if the occurrence of several acts or omissions is necessary for the institution of disciplinary proceedings, then from the date of the last act or omission.
(c) If the act or omission alleged as the basis for the suspension or revocation of the license involved fraud, misrepresentation, or concealment, then from the date of the discovery thereof.
(d) If the basis for the suspension or revocation of the license is a criminal conviction, then from the date such criminal conviction becomes final.
(Added by Stats. 1957, Ch. 1962.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 7 - Suspension and Revocation of Licenses › Section 24209.

24209. When an arrest is made of any person, for a violation of this division, the arresting officer may release such person without taking such person before a magistrate upon such person’s signing an agreement to appear in court or before a magistrate at a place and time designated by the arresting officer; provided, that when an arrest is made of a licensee or employee of a licensee the arresting officer shall release such licensee or employee without taking such licensee or employee before a magistrate upon such licensee or employee signing an agreement to appear in court or before a magistrate at a place and time designated by an arresting officer.
(Added by Stats. 1959, Ch. 199.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 7 - Suspension and Revocation of Licenses › Section 24211.

24211. The department may on its own motion at any time before a penalty assessment is placed into effect and without any further proceedings, review the penalty, but such review shall be limited to its reduction.
(Added by Stats. 1963, Ch. 777.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 8 - Hearings › Section 24300.

24300. (a) Notwithstanding subdivision (b) of Section 11440.30 of the Government Code, hearings held on a protest, accusation, or petition for a license may be conducted, in whole or in part, by electronic means.
(b) Any hearing that is conducted in person shall be held in the county in which the licensed premises or the licensee is located. If any part of the hearing is conducted by electronic means, the location of the hearing may be any place from which the department or any of the parties participates in the hearing. A hearing before the department itself on reconsideration or under subdivision (c) of Section 11517 of the Government Code may be held at any place in the state where the department is meeting.
(c) Except as provided in Section 24203 and in this section, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and in all cases the department shall have all the powers granted therein. The department, in its exclusive discretion, shall consider scheduling the hearing, including all or any portion of a hearing conducted by electronic means, at a time, including evening hours, and at a place convenient to all parties to a proceeding, including those witnesses required to be present, and the public affected.
(d) If a hearing or any part of a hearing is noticed to be conducted by electronic means, any party may file a written motion to object to the electronic hearing and to request that the hearing, or portion of the hearing, to be conducted by electronic means be held in person and without the use of electronic communication. That motion shall include a proposed county for the location of the hearing and shall establish good cause as to why an electronic hearing, in whole or in part, would be inappropriate. A motion requesting an in-person hearing shall be made to the presiding officer in the same manner as a continuance request pursuant to Section 11524 of the Government Code.
(e) For any hearing held pursuant to this division, the department may delegate the power to hear and decide to an administrative law judge appointed by the director. Any hearing before an administrative law judge shall be pursuant to the procedures, rules, and limitations prescribed in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2022, Ch. 136, Sec. 4. (SB 1011) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 8 - Hearings › Section 24301.

24301. The department shall not create a record by videographic recording. Videographic recording of a hearing shall be inadmissible in any proceeding before the Alcoholic Beverage Control Appeals Board or in any proceeding taken under Section 23090.
(Added by Stats. 2017, Ch. 209, Sec. 1. (AB 1285) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 8 - Hearings › Section 24310.

24310. (a) Any person requesting a transcript from the department in a case on appeal to the Alcoholic Beverage Control Appeals Board, shall pay the transcript cost specified in Section 69950 of the Government Code. Any actual cost in excess thereof shall be paid by the Appeals Board from the Alcoholic Beverage Control Appeals Fund.
(b) A party in a case on appeal to the Appeals Board who, in 1983 or 1984, has paid that portion of the transcript fee in excess of the fee specified in Section 69950 of the Government Code shall be refunded that excess by payment from the Alcoholic Beverage Control Appeals Fund, providing the Appeals Board has not issued a dismissal or other final decision in the case on appeal.
(Repealed and added by Stats. 1984, Ch. 273, Sec. 3. Effective July 3, 1984.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 8 - Hearings › Section 24400.

24400. Notwithstanding any other provision of law, two or more retail licensees of the same type may agree to group purchase distilled spirits and wine from a licensed wholesaler or rectifier through a designated agent, subject to the following restrictions:
(a) The designated agent shall hold a retail license of the same type operating a premises in the same county or counties as the purchasing group.
(b) No retailer shall have more than one designated agent nor shall an agent make purchases for more than one group.
(c) The merchandise purchased for each group shall be delivered to and stored in either a single licensed premises or a single warehouse located in the same county as the premises of the purchasing group and such delivery shall be a single delivery within two consecutive business days at the discount in effect on the day the delivery was commenced. Saturday, Sunday, and holidays shall not be deemed business days.
(d) A record of purchase shall be made by the agent on a master purchase order. Each purchasing retailer shall furnish the designated agent with a signed order setting forth such licensee’s purchase, to be attached to and become a part of the master order. Master and individual orders shall be maintained in compliance with Section 25752 and fiscal liability shall extend in so far as the amount of the purchase designated and delivered for each individual retailer of the purchasing group is subject to the provisions of Section 25509.
(e) The merchandise shall be deemed to have been received by each retailer member of the purchasing group when delivered to the designated premises.
(f) When a group buying member has not made payment in full by the expiration of the 30th day from date of delivery or has not paid the one percent charge at the expiration of the 30th day from the date the charge became due, such group buying member shall be expelled from the buying group and prohibited from rejoining that group or joining any other such group until such time that all payments have been received for the merchandise sold and delivered to such retailer more than 30 days previously.
(Amended by Stats. 1980, Ch. 1194, Sec. 7.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 12 - Beer Price Posting and Marketing Regulations › Section 25000.

25000. (a) Each manufacturer, importer, and wholesaler of beer shall file and thereafter maintain on file with the department, in such form as the department may provide, a written schedule of selling prices charged by the licensee for beer sold and distributed by the licensee to customers in California, except that the transfer, including the sale, of beer between wholesalers who sell the same brand in package is permitted without filing the schedule of selling prices, and the transfer, including the sale, of beer made under contract from a contract beer manufacturer making the beer to a beer manufacturer receiving the beer is permitted without filing the schedule of selling prices. All prices filed shall be for immediate delivery. Each manufacturer, importer, and wholesaler of beer shall file a price schedule for each county in which his or her customers have their premises, whether the price that is posted is f.o.b. or delivered, or both. Different prices for different trading areas within a county shall be based upon natural geographical differences justifying the different prices, and shall not be established for special customers. This section shall not affect or alter any provisions of law concerning quantity discounts on beer.
(b) For purposes of this section, a “contract beer manufacturer” is a beer manufacturer that does all of the following:
(1) Makes beer pursuant to a written contract with another beer manufacturer, and neither entity has a controlling interest in the other entity.
(2) Makes beer in accordance with a recipe that is a trade secret of the beer manufacturer having its beer made under contract.
(3) Has no right to sell the beer to any other beer manufacturer, importer, or wholesaler other than the beer manufacturer who contracted for the beer.
(c) For purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license.
(Amended by Stats. 2001, Ch. 567, Sec. 3. Effective October 7, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 12 - Beer Price Posting and Marketing Regulations › Section 25000.5.

25000.5. (a) Every beer manufacturer, whether located within or without the state, who sells and distributes beer in this state shall designate territorial limits in the state within which the brands of beer manufactured by him may be sold by wholesalers of beer to customers.
(b) A wholesaler of beer shall not sell any brand of beer unless the following conditions are met:
(1) The wholesaler has first entered into a written agreement, with the manufacturer of that brand, which sets forth the territorial limits within which the brand shall be distributed by the wholesaler.
(2) A copy of the agreement, and any amendments thereto, has been filed with the department.
(Amended by Stats. 1984, Ch. 348, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 12 - Beer Price Posting and Marketing Regulations › Section 25000.6.

25000.6. (a) A provision in an agreement between a beer manufacturer and a beer wholesaler for the sale and distribution of beer in this state, which restricts venue to a forum outside this state, is void with respect to any claim arising under or relating to the agreement involving a beer wholesaler operating within this state.
(b) This section shall apply to any transaction or conduct pursuant to an agreement described in subdivision (a) on or after the effective date of this section.
(c) For purposes of the section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license.
(Amended by Stats. 2001, Ch. 567, Sec. 4. Effective October 7, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 12 - Beer Price Posting and Marketing Regulations › Section 25000.7.

25000.7. (a) Notwithstanding the provisions of any agreement for the sale or distribution of beer between a beer manufacturer and beer wholesaler, no sale or distribution agreement shall be terminated solely for a beer wholesaler’s failure to meet a sales goal or quota that is not commercially reasonable under the prevailing market conditions.
(b) For purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license.
(Added by Stats. 2000, Ch. 1083, Sec. 1. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 12 - Beer Price Posting and Marketing Regulations › Section 25000.9.

25000.9. (a) Any beer manufacturer who unreasonably withholds consent or unreasonably denies approval of a sale, transfer, or assignment of any ownership interest in a beer wholesaler’s business with respect to that manufacturer’s brand or brands, shall be liable in damages to the beer wholesaler. Recoverable damages under this section shall not exceed the compensatory damages sustained by the wholesaler and the wholesaler’s costs of suit. The fair market value of the beer wholesaler’s business shall include, but is not limited to, its goodwill, if any.
(b) If a beer wholesaler has been paid a consideration by a successor wholesaler for the sale, transfer, or assignment of the beer wholesaler’s interest in the sale or distribution of the affected brand or brands, the beer manufacturer shall be liable only for compensatory damages in an amount reflecting the difference in the amount already paid to the beer wholesaler, and the fair market value of the beer wholesaler’s business with respect to the affected brand or brands.
(c) For purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license.
(Added by Stats. 2000, Ch. 1083, Sec. 2. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 12 - Beer Price Posting and Marketing Regulations › Section 25001.

25001. The schedule of prices filed may be changed or modified from time to time by the licensee filing it by filing with the department either a new and complete schedule of prices or an amendment thereto of changed or modified prices, as the department may by rule require.
(Amended by Stats. 1955, Ch. 447.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 12 - Beer Price Posting and Marketing Regulations › Section 25002.

25002. The first schedule of prices filed by a licensee shall be effective immediately upon filing, but an amendatory schedule or amendments to a prior filed schedule is not effective until ten (10) days after the filing date thereof, except that if any licensee has filed a new schedule or amendments to a prior filed schedule to meet lower posted and filed competing prices in a trade area, and the prices thus posted are not lower than the competing prices sought to be met, the new schedule or amendments shall go into effect immediately if the competing prices are already effective, or at the same time as the competing prices become effective.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 12 - Beer Price Posting and Marketing Regulations › Section 25003.

25003. Filed price schedules are subject to public inspection only after they take effect. Each filing licensee shall retain in the licensed premises a copy of his or her effective posted and filed schedule.
(Amended by Stats. 1991, Ch. 161, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 12 - Beer Price Posting and Marketing Regulations › Section 25004.

25004. Upon the filing of an original schedule of prices and after the effective date of any schedule of amendatory prices, all prices therein stated shall be strictly adhered to by the filing licensee, and any departure or variance therefrom by a licensee is a misdemeanor, except that the transfer of beer between wholesalers who sell the same brand in package is permitted without filing the schedule of selling prices. Each sale or transaction involving a violation of posted prices under this chapter is but a single offense or violation of this chapter regardless of the number of articles covered by the sale or transaction.
(Amended by Stats. 1967, Ch. 1080.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 12 - Beer Price Posting and Marketing Regulations › Section 25005.

25005. Any director, officer, agent, or employee of any licensee who knowingly assists or aids in the violation of this chapter or any effective posted price or any rule of the department passed to carry out the provisions of this chapter is guilty of the violation equally with the licensee.
(Amended by Stats. 1955, Ch. 447.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 12 - Beer Price Posting and Marketing Regulations › Section 25006.

25006. The department may adopt such rules, including but not limited to rules respecting beer price posting, as will foster and encourage the orderly wholesale marketing and wholesale distribution of beer, but no such action shall be taken by the department except after public hearing and ten (10) days notice to all licensed manufacturers of beer in California of the time and place of the hearing and of the character of the action intended to be taken by the department.
(Amended by Stats. 1955, Ch. 447.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 12 - Beer Price Posting and Marketing Regulations › Section 25007.

25007. Except as provided in Section 25000.5, no manufacturer, importer, or wholesaler mentioned in this chapter is prohibited the right of choice of customers.
(Amended by Stats. 1972, Ch. 760.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 12 - Beer Price Posting and Marketing Regulations › Section 25008.

25008. (a) Any trade association having as members licensed beer manufacturers or licensed beer wholesalers representing more than half of the volume of beer sold in California for three months prior to the date of a filing of any suit authorized in this chapter may maintain an action to enjoin a continuance of any act or acts in violation of this chapter or any rule adopted pursuant thereto and, if injured thereby, for the recovery of damages. If in the action the court finds the defendant is violating or has violated any of the provisions of this chapter or any rule adopted pursuant thereto, the court shall enjoin the defendant from a continuance or further violation thereof. It shall not be necessary that actual damages to the plaintiff be alleged or proved in the action, and proof of a violation of this chapter or any rule adopted pursuant thereto shall be presumptive evidence of an intention to continue to violate this chapter or any such rule.
(b) Any trade association having as members licensed beer manufacturers or licensed beer wholesalers representing more than half of the volume of beer sold in California for three months prior to the date of a filing of a petition to intervene shall, upon the filing of the petition, be permitted to intervene as a party in any proceeding, whether before the department, any other administrative agency, or any court, which involves, in whole or part, the validity of any portion of the Alcoholic Beverage Control Act or of any rule adopted pursuant thereto. Intervention shall be permitted, upon petition, at any time before a final determination or adjudication has been rendered in the proceeding. In the case of an adjudicatory proceeding, an intervening trade association shall have the same right to participate in discovery and trial as any other party.
(Amended by Stats. 1984, Ch. 131, Sec. 2. Effective May 21, 1984.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 12 - Beer Price Posting and Marketing Regulations › Section 25009.

25009. Any defendant in any action brought under this chapter or any person who may be a witness therein under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure or Section 776 of the Evidence Code, and the books and records of the defendant or witness, may be brought into court and the books and records may be introduced by reference into evidence, but no information so obtained may be used against the defendant or the witness as a basis for a misdemeanor prosecution under this chapter.
(Amended by Stats. 2005, Ch. 294, Sec. 1. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 12 - Beer Price Posting and Marketing Regulations › Section 25010.

25010. The department shall not suspend or revoke the license of any licensee for a violation of the provisions of this chapter or a rule adopted pursuant thereto unless he has committed, within a period of one year, at least three separate violations of the provisions of this chapter or of any rule adopted pursuant thereto, and the violations have been proved by any of the following methods:
(a) A conviction for misdemeanor.
(b) A judgment in a civil suit for injunction as provided in this chapter.
(c) A finding of the department, if a hearing is held in accordance with Chapters 7 and 8 of this division.
(Amended by Stats. 1955, Ch. 447.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 1 - Distilled Spirits › Section 25170.

25170. Any person who delivers to the premises of any on- or off-sale general licensee, or any on- or off-sale general licensee who has upon his licensed premises, or any person who possesses any distilled spirits the container of which does not bear a label plainly indicating the quantity and proof strength of the contents and the name of the manufacturer, rectifier, importer, or wholesaler thereof is guilty of a misdemeanor. To the extent that such information is blown into the glass of the container, it constitutes a compliance with this section.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 1 - Distilled Spirits › Section 25171.

25171. Any rectifier or wholesaler of distilled spirits who delivers to the premises of any on- or off-sale general licensee or any on- or off-sale general licensee who sells or has in his possession at the licensed premises distilled spirits in packages containing standards of fill for distilled spirits which do not conform in all respects to the federal standards established pursuant to the regulations issued under the Federal Alcohol Administration Act (27 U.S.C. Secs. 201 et seq.) and any amendments thereto is guilty of a misdemeanor.
(Amended by Stats. 1980, Ch. 24, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 1 - Distilled Spirits › Section 25171.1.

25171.1. The provisions of Section 25171 shall not apply to any sightseeing, tourist or charter vessels holding on-sale general licenses for boats and regularly operated for the convenience of the general public and which have a capacity of carrying 100 or more passengers.
(Added by Stats. 1975, Ch. 647.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 1 - Distilled Spirits › Section 25172.

25172. Any unlicensed person or any on- or off-sale general licensee who has in his possession any distilled spirits in packages or containers larger than one gallon is guilty of a misdemeanor, unless the distilled spirits have been sold and delivered to the person or licensee by the holder of an industrial alcohol dealer's, distilled spirits manufacturer's, brandy manufacturer's, or rectifier’s license for use in the trades, professions, or industries.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 1 - Distilled Spirits › Section 25173.

25173. Any industrial alcohol dealer, distilled spirits manufacturer, craft distiller, brandy manufacturer, or rectifier who delivers undenatured ethyl alcohol or other distilled spirits in packages of more than one gallon for use in the trades, professions, or industries is guilty of a misdemeanor, unless the packages bear a label plainly stating the true and correct name and address of the industrial alcohol dealer, distilled spirits manufacturer, brandy manufacturer, or rectifier.
(Amended by Stats. 2018, Ch. 695, Sec. 6. (SB 1164) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 1 - Distilled Spirits › Section 25174.

25174. The department may seize any distilled spirits sold, served, removed, possessed, delivered, or held in any manner in violation of Sections 25170 to 25173, inclusive.
(Amended by Stats. 1955, Ch. 447.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 1 - Distilled Spirits › Section 25175.

25175. Any person who sells at retail any potable spirituous liquor product labeled as whiskey, including blended whiskey and blends of straight whiskeys, except products containing 20 or more percent of straight whiskey or whiskeys which have been aged in charred oak containers for three or more years after distillation and before bottling is guilty of a misdemeanor, except that this section does not prohibit the sale at retail of unaged corn whiskey, when so labeled, or the sale at retail of gins, brandies, rums, cordials, liqueurs, bitters, or other distilled liquor products, or products compounded of distilled spirits and other materials, when in no wise labeled as whiskey or blended whiskey or blends of straight whiskeys, or the sale at retail of Scotch whiskeys, or spirit whiskeys containing not less than 5 percent straight whiskey, three years old or older.
(Amended by Stats. 1984, Ch. 921, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 1 - Distilled Spirits › Section 25176.

25176. Every person who refills or causes to be refilled with distilled spirits any distilled spirits container is guilty of a misdemeanor.
(Amended by Stats. 2009, Ch. 68, Sec. 2. (SB 825) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 1 - Distilled Spirits › Section 25177.

25177. Every person who sells, offers for sale, or keeps for sale distilled spirits in any package which has been refilled or partly refilled is guilty of a misdemeanor.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 1 - Distilled Spirits › Section 25178.

25178. No on-sale general licensee or any person employed by such licensee shall sell, offer for sale, or keep for sale an empty distilled spirits bottle. No criminal penalty shall be imposed for a violation of this section. For such a violation the department may impose a monetary penalty of not more than one hundred dollars ($100) or suspend or revoke a license.
(Repealed and added by Stats. 1973, Ch. 177.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 1 - Distilled Spirits › Section 25179.

25179. (a) Only agave spirits produced entirely from agaves grown within California, without flavoring or coloring additives, may be labeled with the words “California agave spirits” or any combination of the words “California agave spirits,” “California agave,” or a substantially similar description. This section does not preclude the use of the word “California” to describe the location of a distillery.
(b) The department may seize agave spirits labeled in violation of this section, regardless of where they are found, and may dispose of the spirits pursuant to Section 25355.
(Added by Stats. 2022, Ch. 694, Sec. 1. (AB 2303) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 2 - Beer › Section 25201.

25201. (a) A manufacturer, importer, or wholesaler of beer shall not use a container or carton as a package or container of a beer other than the beer as is manufactured by the manufacturer whose name or brand of beer appears upon the container or carton, or use as a package or container of a beer a container or carton which bears the name of a manufacturer of beer or the brand of any beer other than those of the manufacturer of the beer contained in the container or carton.
(b) A beer manufacturer that refills any container supplied by a consumer shall affix a label that complies with this section on the container prior to its resale to the consumer. Any information concerning any beer previously packaged in the container, including, but not limited to, information regarding the manufacturer and bottler of the beer, or any associated brands or trademarks, shall be removed or completely obscured in a manner not readily removable by the consumer prior to the resale of the container to the consumer. This subdivision does not authorize a beer manufacturer to refill a container supplied by a consumer with a capacity of five liquid gallons or more.
(Added by Stats. 2015, Ch. 410, Sec. 3. (AB 893) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 2 - Beer › Section 25202.

25202. (a) Manufacturers’ names, brand names, print, or markings first placed on returnable beer containers, metal kegs, or cartons made of wood or fiber board shall not be obliterated, mutilated, or marked out without the written consent of the manufacturer whose name, brand, or printed markings is to be obliterated, mutilated, or marked out.
(b) This section does not apply to metal kegs or wood or fiber board containers or cartons of a beer manufacturer who has discontinued business and production and is no longer a licensed beer manufacturer.
(Amended by Stats. 2014, Ch. 236, Sec. 1. (AB 2203) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 2 - Beer › Section 25203.

25203. Every manufacturer or bottler of beer in this State or elsewhere whose beer is sold within the State shall file with the department the brand name or names under which he sells or labels his draught beer sold in the State.
(Amended by Stats. 1955, Ch. 447.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 2 - Beer › Section 25205.

25205. (a) Any container of beer or alcoholic beverage, other than sake, that is approved for labeling as a malt beverage under the Federal Alcohol Administration Act (27 U.S.C. Sec. 201 et seq.), that derives 0.5 percent or more of its alcoholic content by volume from flavors or other ingredients containing distilled alcohol and that is sold by a manufacturer or importer to a wholesaler or retailer within this state on or after July 1, 2009, shall bear a distinctive, conspicuous, and prominently displayed label, or firmly affixed sticker, containing the following information:
(1) The percentage alcohol content of the beverage by volume.
(2) The phrase “CONTAINS ALCOHOL” in bold capitalized letters at least three millimeters in height and that is distinguishable from the background and placed conspicuously in either horizontal or vertical lettering on the front of the brand label. A firmly affixed sticker need not be placed on the brand label provided it is placed on the front of the container.
(b) The department may require licensees to submit information as it determines to be necessary, and may adopt regulations as may be required, to implement and enforce this section. The regulations shall be for the limited purpose of ensuring compliance with this section and shall not place additional requirements on the label or sticker required by this section. Any information required to be provided by any licensee to the department pursuant to this section shall be considered confidential and corporate proprietary information. This information shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(c) It is the exclusive purpose of this section to identify and specially label products described in subdivision (a) and not to classify these specially labeled products. Nothing in this section shall be construed to permit the classification of any product in a manner that is inconsistent with the definitions of beer, wine, and distilled spirits set forth in Chapter 1 (commencing with Section 23000) of this division.
(Amended by Stats. 2021, Ch. 615, Sec. 38. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 2 - Beer › Section 25206.

25206. No retailer shall dispense any draught beer upon which the proper tap sign or draught beer sign is not displayed or the manufacturer or bottler of which has not complied with this article. The department may seize any draught beer displayed to the public in violation of this section and may dispose of the beer pursuant to Section 25355.
(Amended by Stats. 1990, Ch. 135, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 3 - Wine › Section 25235.

25235. It is unlawful for any person to sell to any on- or off-sale licensee or to deliver to the premises of any on- or off-sale licensee, or for any on- or off-sale licensee to sell or to have upon his or her licensed premises, wine packaged or bottled in any pocket flask container of less than 750 milliliters, the face of which is substantially rectangular and the minimum thickness of which is less than two-thirds of its maximum width, the measurements to be made on the cross-sectional axes, excluding the neck portion of the container. This section does not apply to the possession of wine in such containers on the premises of a licensed wine grower or at the branch office or warehouse or United States bonded storeroom of the wine grower located away from his place of production or manufacture.
(Amended by Stats. 1989, Ch. 87, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 3 - Wine › Section 25236.

25236. Only dry wine produced entirely from grapes grown within the Counties of Sonoma, Napa, Mendocino, Lake, Santa Clara, Santa Cruz, Alameda, San Benito, Solano, San Luis Obispo, Contra Costa, Monterey, and Marin may be labeled with the words “California central coast counties dry wine.” It is unlawful to label any other wine with a label containing the words “California central coast counties dry wine.”
The department may seize wine labeled in violation of this section, regardless of where found and may dispose of the wine pursuant to Section 25355.
(Amended by Stats. 1990, Ch. 135, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 3 - Wine › Section 25237.

25237. It is unlawful to make any representation that a wine is produced entirely from grapes grown in the counties mentioned in Section 25236 unless the representation is true. This section applies to representations made on labels, advertising matter, letterheads, invoices, tags, signs, business cards, and all other representations of any kind whether oral, written, or printed.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 3 - Wine › Section 25238.

25238. Every winegrower or bottler of wine of any kind within the counties specified in Section 25236 shall keep a record of all wine not produced by him or her and obtained and used by him or her for any purpose. The record shall show the date the wine is obtained, the amount thereof, the source from which obtained, the kind or type of wine, and, in detail, the purpose or purposes for which it is used. Each winegrower or bottler of wine shall keep a complete record showing the total amount of wine produced by him or her, or bottled by him or her, made entirely from grapes grown within the counties mentioned in Section 25236.
(Amended by Stats. 2010, Ch. 276, Sec. 2. (SB 806) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 3 - Wine › Section 25239.

25239. Every person who, with intent to defraud, either falsely makes, alters, forges, or counterfeits the label for any wine or uses the label or bottle of any wine belonging to another, without his or her consent, is guilty of a misdemeanor. The department may seize wine labeled in violation of this section, regardless of where found and may dispose of the wine pursuant to Section 25355.
(Amended by Stats. 1990, Ch. 135, Sec. 3.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 3 - Wine › Section 25240.

25240. (a) Any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations, other than the viticultural area “Napa Valley,” and which is located entirely within a county of the 29th class, shall bear the designation “Napa Valley” on the label in direct conjunction therewith in a type size not smaller than 1mm less than that of the viticultural area designation provided neither designation is smaller than 2mm on containers of more than 187ml or smaller than 1mm on containers of 187ml or less. This requirement shall apply to all wines bottled on or after January 1, 1990.
(b) The department may suspend or revoke the license of any person who violates this section.
(c) This section shall not apply to any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations when the name of the appellation includes the term “Napa Valley.”
(Amended by Stats. 2007, Ch. 674, Sec. 2. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 3 - Wine › Section 25243.

25243. No provision of this article shall preclude a wine from using, on any label, packaging material, or advertising, either (a) a truthful, nonmisleading appellation of origin that complies with Section 4.25(c) of Title 27 of the Code of Federal Regulations governing multicounty appellations, or (b) a truthful, nonmisleading statement as to the geographic location of the wine’s stated appellation or appellations of origin which is located in not more than two counties, for which the wine qualifies under applicable federal law, or both the appellation of origin and the statement of geographic location; provided that the label, packaging material, or advertising contains no other use of a name of viticultural significance, in a brand name or otherwise, that is prohibited by Section 25241 or 25242.
(Added by Stats. 2006, Ch. 879, Sec. 2. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 3 - Wine › Section 25244.

25244. (a) Any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations that is located entirely within the “Paso Robles” viticultural area shall bear the designation “Paso Robles” on the label in direct conjunction therewith in a type size not smaller than 1mm less than that of said viticultural area designation, provided neither designation is smaller than 2mm on containers of more than 187ml or smaller than 1mm on containers of 187ml or less.
(b) The department may suspend or revoke the license of any person who violates this section.
(c) This section shall not apply to any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations when the name of the appellation includes the term “Paso Robles.”
(d) This section applies only to wine that is bottled on or after January 1, 2008.
(Added by Stats. 2007, Ch. 674, Sec. 3. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 3 - Wine › Section 25245.

25245. (a) Any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations that is located entirely within the “Lodi” viticultural area shall bear the designation “Lodi” on the label in direct conjunction therewith in a type size not smaller than 1mm less than that of said viticultural area designation, provided neither designation is smaller than 2mm on containers of more than 187ml or smaller than 1mm on containers of 187ml or less.
(b) The department may suspend or revoke the license of any person who violates this section.
(c) This section shall not apply to any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations when the name of the appellation includes the term “Lodi.”
(d) This section applies only to wine that is bottled on or after January 1, 2009.
(Added by Stats. 2008, Ch. 75, Sec. 2. Effective January 1, 2009.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 3 - Wine › Section 25246.

25246. (a) Any wine labeled with an American Viticultural Area established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations, that is located entirely within a county of the 19th class, shall bear the designation “Sonoma County” on the label in a type size not smaller than two millimeters on containers of more than 187 milliliters or smaller than one millimeter on containers of 187 milliliters or less.
(b) The department may suspend or revoke the license of any person who violates this section.
(c) This section shall not apply to any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations when the name of the appellation includes the term “Sonoma County.”
(d) This section shall apply to wines bottled on or after January 1, 2014.
(Added by Stats. 2010, Ch. 242, Sec. 1. (AB 1798) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 13 - Labels and Containers › ARTICLE 3 - Wine › Section 25247.

25247. (a) Any wine labeled with an American Viticultural Area established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations that is located entirely within the County of Monterey shall bear the designation “Monterey County” on the label in a type size not smaller than two millimeters on containers of more than 187 milliliters or smaller than one millimeter on containers of 187 milliliters or less.
(b) The department may suspend or revoke the license of any person who violates this section.
(c) This section shall not apply to any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations when the name of the appellation is “Monterey.”
(d) This section shall apply to wines bottled on or after January 1, 2019.
(e) Except as provided in subdivision (b), a violation of this section shall not subject a person to any civil or criminal penalties pursuant to this division.
(Added by Stats. 2015, Ch. 167, Sec. 1. (AB 394) Effective January 1, 2016.)