reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 4 - License and Administration Fee for Manufacturers and Importers › Section 22979.22.

22979.22. (a) An application for a license by a manufacturer or by an importer of tobacco products shall be on a form prescribed by the board and shall include the following:
(1) The name, address, and telephone number of the applicant. For applicants whose corporate offices are at a separate location, the business name, address, and telephone number of the corporate office. Citations issued to licensees shall be forwarded to all addressees on the license.
(2) If any other licenses have been issued by the board to the applicant, the license or permit numbers for each license or permit then in effect.
(3) A statement by the applicant affirming that the applicant has not been convicted of a felony and has not violated and will not violate or cause or permit to be violated any of the provisions of this division or any rule of the board applicable to the applicant or pertaining to the manufacture, sale, or distribution of cigarettes or tobacco products. If the applicant is unable to affirm this statement, the application shall contain a statement by the applicant of the nature of any violation or the reasons that will prevent the applicant from complying with the requirements with respect to the statement.
(4) A statement by the applicant that the contents of the application are complete, true, and correct. Any person who signs a statement pursuant to this subdivision that asserts the truth of any material matter that he or she knows to be false is guilty of a misdemeanor punishable by imprisonment of up to one year in the county jail, or a fine of not more than one thousand dollars ($1,000), or both imprisonment and fine.
(5) Signature of the applicant.
(6) The name, address, and telephone number of the person designated by the manufacturer or the importer as its agent for receipt of service of process in this state.
(7) Any other information the board may require.
(b) The board may investigate to determine the truthfulness and completeness of the information provided in the application.
(c) The board shall provide electronic means for applicants to download and submit applications.
(Added by Stats. 2006, Ch. 501, Sec. 5. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 4 - License and Administration Fee for Manufacturers and Importers › Section 22979.23.

22979.23. (a) Every manufacturer or importer of chewing tobacco or snuff shall submit with each application a one-time license fee of ten thousand dollars ($10,000).
(b) Every manufacturer or importer of tobacco products, excluding chewing tobacco or snuff, shall submit with each application a one-time license fee of two thousand dollars ($2,000).
(c) If a manufacturer or importer is required to submit an application under, and to pay the fees required by, both subdivisions (a) and (b), the total amount of fees required to be submitted under this section shall not exceed ten thousand dollars ($10,000).
(Added by Stats. 2006, Ch. 501, Sec. 6. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 4 - License and Administration Fee for Manufacturers and Importers › Section 22979.24.

22979.24. (a) Every manufacturer or importer holding a license pursuant to Section 22979.21 shall file, using electronic media in a manner specified by the department, a monthly report to the department. The monthly report shall include, but is not limited to, the following:
(1) A list of all distributors licensed pursuant to Section 22975 to which the manufacturer or importer shipped its tobacco products or caused its tobacco products to be shipped.
(2) The total wholesale cost of the products.
(b) The department may suspend the license or revoke the license, pursuant to the provisions applicable to the revocation of a license set forth in Section 30148 of the Revenue and Taxation Code, of any importer or any manufacturer that has failed to comply with the requirements of this section.
(c) All information and records provided to the department pursuant to subdivision (a) are confidential in nature and shall not be disclosed by the department. Information required under subdivision (a) are not public records under the California Public Records Act, as described in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code and shall not be open to public inspection.
(d) The amendments made to this section by the act adding this subdivision shall become operative May 1, 2007.
(Amended by Stats. 2022, Ch. 28, Sec. 16. (SB 1380) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 4 - License and Administration Fee for Manufacturers and Importers › Section 22979.3.

22979.3. The department shall, upon request, provide to the State Department of Public Health, the office of the Attorney General, a law enforcement agency, a local lead agency, and any agency authorized to enforce or administer state or local tobacco control laws, access to the department’s database of licenses issued to manufacturers and importers for locations within the jurisdiction of that agency, local lead agency, or law enforcement agency. The agencies authorized by this section to access the department’s database shall access and use the department’s database only for purposes of enforcing tobacco control laws and shall adhere to all state laws, policies, and regulations pertaining to the protection of personal information and individual privacy.
(Amended by Stats. 2021, Ch. 432, Sec. 5. (SB 824) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 4 - License and Administration Fee for Manufacturers and Importers › Section 22979.4.

22979.4. All importers shall retain purchase records that meet the requirements set forth in Section 22979.5 for all cigarettes or tobacco products purchased and other records required by the board. The records shall be maintained for a period of one year from the date of purchase on the importer’s premises identified in the license, and thereafter, the records shall be made available for inspection by the board or a law enforcement agency for a period of four years. Any importer found in violation of these requirements, or any person who fails, refuses, or neglects to retain or make available invoices for inspection and copying in accordance with this section shall be subject to penalties pursuant to Section 22981.
(Amended by Stats. 2004, Ch. 82, Sec. 6. Effective June 30, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 4 - License and Administration Fee for Manufacturers and Importers › Section 22979.5.

22979.5. (a) Each manufacturer and each importer of cigarette and tobacco products subject to licensing under this chapter shall maintain accurate and complete records relating to the sale of those products, including, but not limited to, receipts, invoices, and other records as may be required by the board, during the past four years with invoices for the past year to be maintained on the premises for which the license was issued, and shall make these records available upon request by a representative of the board or a law enforcement agency.
(b) Failure of a manufacturer or an importer to comply with this section shall be a misdemeanor subject to penalties pursuant to Section 22981.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 4 - License and Administration Fee for Manufacturers and Importers › Section 22979.6.

22979.6. (a) Each manufacturer and each importer shall include the following information on each invoice for the sale for distribution, wholesale, or retail sale of cigarettes or tobacco products:
(1) The name, address, and telephone number of the manufacturer, or importer.
(2) The license number of the manufacturer or importer as provided by the board.
(3) The name, address, and license number of the person to whom cigarettes or tobacco products are sold.
(4) An itemized listing of the cigarettes or tobacco products sold.
(b) Each invoice for the sale of cigarettes or tobacco products shall be legible and readable.
(c) Failure to comply with the requirements of this section shall be a misdemeanor subject to penalties pursuant to Section 22981.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 4 - License and Administration Fee for Manufacturers and Importers › Section 22979.7.

22979.7. In addition to any other civil or criminal penalty provided by law, upon a finding that a manufacturer or importer has violated any provision of this division, the board may take the following actions:
(a) In the case of the first offense, the board may revoke or suspend the license or licenses of the manufacturer or importer pursuant to the procedures applicable to the revocation of a license set forth in Section 30148 of the Revenue and Taxation Code.
(b) In the case of a second or any subsequent offense, in addition to the action authorized under subdivision (a), the board may impose a civil penalty in an amount not to exceed the greater of either of the following:
(1) Five times the retail value of the seized cigarettes or tobacco products defined as cigarettes under this section.
(2) Five thousand dollars ($5,000).
(Amended by Stats. 2005, Ch. 512, Sec. 4. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 5 - Inspections, Prohibitions, and Penalties › Section 22980.

22980. (a) (1) Any peace officer, or board employee granted limited peace officer status pursuant to paragraph (6) of subdivision (a) of Section 830.11 of the Penal Code, upon presenting appropriate credentials, is authorized to enter any place as described in paragraph (3) and to conduct inspections in accordance with the following paragraphs, inclusive.
(2) Inspections shall be performed in a reasonable manner and at times that are reasonable under the circumstances, taking into consideration the normal business hours of the place to be entered.
(3) Inspections may be at any place at which cigarettes or tobacco products are sold, produced, or stored or at any site where evidence of activities involving evasion of cigarette or tobacco products tax and violations of Section 30165.1 of the Revenue and Taxation Code may be discovered.
(4) Inspections shall be requested or conducted no more than once in a 24-hour period.
(b) Any person that refuses to allow an inspection shall be subject to the penalties imposed pursuant to Section 22981.
(Amended by Stats. 2010, Ch. 265, Sec. 2. (AB 2496) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 5 - Inspections, Prohibitions, and Penalties › Section 22980.2.

22980.2. (a) A person or entity that engages in the business of selling cigarettes or tobacco products in this state either without a valid license or after a license has been suspended or revoked, and each officer of any corporation that so engages in this business, is guilty of a misdemeanor punishable as provided in Section 22981.
(b) Each day after notification by the board or by a law enforcement agency that a manufacturer, wholesaler, distributor, importer, retailer, or any other person required to be licensed under this division offers cigarette and tobacco products for sale or exchange without a valid license for the location from which they are offered for sale shall constitute a separate violation.
(c) Continued sales or gifting of cigarettes and tobacco products either without a valid license or after a notification of suspension or revocation shall constitute a violation punishable as provided in Section 22981, and shall result in the seizure of all cigarettes and tobacco products in the possession of the person by the board or a law enforcement agency. Any cigarettes and tobacco products seized by the board or by a law enforcement agency shall be deemed forfeited.
(d) For the purposes of this section, notwithstanding subdivision (s) of Section 22971, “tobacco products” includes a product or device as defined in subdivision (d) of Section 22950.5.
(e) This section shall be operative on January 1, 2017.
(Repealed (in Sec. 6) and added by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 7. (SB 5 2x) Effective June 9, 2016. Section operative January 1, 2017, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 5 - Inspections, Prohibitions, and Penalties › Section 22980.4.

22980.4. A person who, after receiving a notice of suspension or revocation, continues to display for sale cigarettes or tobacco products shall be subject to a civil penalty of one thousand dollars ($1,000) for each offense, and shall not be subject to Section 22981.
(Added by Stats. 2010, Ch. 607, Sec. 8. (AB 2733) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 5 - Inspections, Prohibitions, and Penalties › Section 22980.5.

22980.5. (a) A retailer whose license has been suspended or revoked by order of the board shall conspicuously post a notice at both of the following locations:
(1) Each public entrance to the retail location. The notice shall directly face any person who enters the retail location and shall not be obstructed from view or placed at a height of less than four feet or greater than nine feet from the floor.
(2) Each cash register and other point of retail sale. The notice shall be posted so as to be readily viewable by a person standing at or approaching the cash register or other point of retail sale. The notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than four feet or greater than nine feet from the floor.
(b) The notices described in this section shall be in the size and form prescribed by the board. The notice shall be provided by the board and may be reproduced in the same size and form in order to comply with subdivision (a).
(c) A retailer whose license was suspended shall post the notice at the retail location that was the subject of the suspension for the duration of the suspension.
(d) A retailer whose license was revoked shall post the notice at the retail location that was the subject of the revocation for a 30-day period from the effective date of the revocation.
(e) Every retailer who fails to post the notices as required by this section, who alters the notice provided by the board, or who removes the notice before the posting period required in subdivision (c) or (d), as appropriate, expires, shall be subject, notwithstanding Section 22981, to a civil penalty of one thousand dollars ($1,000) for each offense.
(Added by Stats. 2010, Ch. 607, Sec. 9. (AB 2733) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 5 - Inspections, Prohibitions, and Penalties › Section 22981.

22981. Any violation of this division by any person, except as otherwise provided, is a misdemeanor. Each offense shall be punished by a fine not to exceed five thousand dollars ($5,000), or imprisonment not exceeding one year in a county jail, or both the fine and imprisonment. The court shall order any fines assessed be deposited in the Cigarette and Tobacco Products Compliance Fund.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 5 - Inspections, Prohibitions, and Penalties › Section 22982.

22982. Any prosecution for a violation of any of the penal provisions of this division shall be instituted within four years after the commission of the offense.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 5 - Inspections, Prohibitions, and Penalties › Section 22983.

22983. The provisions of Chapter 4 (commencing with Section 55121) of Part 30 of Division 2 of the Revenue and Taxation Code apply with respect to the collection of the fees, civil fines, and penalties imposed pursuant to this division.
(Added by Stats. 2004, Ch. 82, Sec. 8. Effective June 30, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 6 - Disposition of Funds › Section 22990.

22990. (a) All moneys collected pursuant to this division shall be deposited in the Cigarette and Tobacco Products Compliance Fund, which is hereby created in the State Treasury. No moneys in the Cigarette and Tobacco Products Compliance Fund shall be used to supplant state or local General Fund money for any purpose.
(b) All moneys in the Cigarette and Tobacco Products Compliance Fund are available for expenditure, upon appropriation by the Legislature, solely for the purpose of implementing, enforcing, and administering the California Cigarette and Tobacco Products Licensing Act of 2003.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 6 - Disposition of Funds › Section 22990.5.

22990.5. Notwithstanding Sections 30124 and 30131.3 of the Revenue and Taxation Code or any other law, on or after July 1, 2019, no revenues derived from the taxes imposed upon the distribution of cigarettes and tobacco products by Article 1 (commencing with Section 30101), Article 2 (commencing with Sections 30121), and Article 3 (commencing with Section 30131) of Chapter 2 of Part 13 of Division 2 of the Revenue and Taxation Code shall be appropriated to the board for the purpose of implementing, enforcing, or administering the California Cigarette and Tobacco Products Licensing Act of 2003.
(Added by Stats. 2016, Ch. 699, Sec. 5. (AB 2770) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 6 - Disposition of Funds › Section 22990.7.

22990.7. (a) The board shall report to the Legislature, Governor, and Department of Finance on or before January 1, 2019, and on and before January 1 annually thereafter, regarding the adequacy of funding for the Cigarette and Tobacco Products Licensing Act of 2003. The report shall include data and recommendations about whether the annual licensing fee funding levels are set at an appropriate level to maintain an effective enforcement program.
(b) The report to the Legislature required by subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(Added by Stats. 2016, Ch. 699, Sec. 6. (AB 2770) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8.6 - CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT OF 2003 › CHAPTER 6 - Disposition of Funds › Section 22991.

22991. The amount of eleven million dollars ($11,000,000) is appropriated from the Cigarette and Tobacco Products Compliance Fund during the 2003–04 fiscal year to the State Board of Equalization for the purpose of implementing, enforcing, and administering the California Cigarette and Tobacco Products Licensing Act of 2003, subject to the following provisions:
(a) Spending under the appropriation made by this subdivision is limited solely to revenues in the fund that are derived from fees imposed on cigarette and tobacco product manufacturers, wholesalers, distributors, importers, and retailers.
(b) Of the total amount appropriated under this subdivision, five million four hundred thousand dollars ($5,400,000) is available for reimbursement to the Department of Justice through an interagency agreement with the board for investigation and enforcement assistance.
(c) The expenditure of any funds from the appropriation made by this subdivision shall require the prior approval of the Director of Finance. The amounts appropriated may be approved for expenditure on an allotment basis and shall be limited to the amounts necessary to carry out the operating and staffing plans for the implementation of the California Cigarette and Tobacco Products Licensing Act of 2003 as approved by the Department of Finance. The Department of Finance shall notify the Joint Legislative Budget Committee of its approval of any expenditure authorization 30 days prior to that approval.
(Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23001.

23001. This division is an exercise of the police powers of the State for the protection of the safety, welfare, health, peace, and morals of the people of the State, to eliminate the evils of unlicensed and unlawful manufacture, selling, and disposing of alcoholic beverages, and to promote temperance in the use and consumption of alcoholic beverages. It is hereby declared that the subject matter of this division involves in the highest degree the economic, social, and moral well-being and the safety of the State and of all its people. All provisions of this division shall be liberally construed for the accomplishment of these purposes.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23001.5.

23001.5. If any provision of this division or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this division that can be given effect without the invalid portion or application, and to this end the provisions of this division are severable. It is the intent of the Legislature that this division would have been adopted regardless if such invalid provision had not been included or any invalid application had not been made.
(Added by Stats. 2006, Ch. 910, Sec. 1. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23003.1.

23003.1. “Powdered alcohol” means an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted as an alcoholic beverage when mixed with water or any other liquid. “Powdered alcohol” does not include “vaporized alcohol,” as defined in Section 25621.
(Added by Stats. 2016, Ch. 742, Sec. 1. (AB 1554) Effective January 1, 2017. See same-numbered section added by Stats. 2016, Ch. 778.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23003.1.

23003.1. “Powdered alcohol” means an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted as an alcoholic beverage when mixed with water or any other liquid. “Powdered alcohol” does not include “vaporized alcohol,” as defined in Section 25621.
(Added by Stats. 2016, Ch. 778, Sec. 1. (SB 819) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23004.

23004. “Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. “Alcoholic beverage” does not include “powdered alcohol,” as defined in Section 23003.1.
(Amended by Stats. 2016, Ch. 778, Sec. 2. (SB 819) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23005.

23005. “Distilled spirits” means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof. “Distilled spirits” does not include “powdered alcohol,” as defined in Section 23003.1.
(Amended by Stats. 2016, Ch. 778, Sec. 3. (SB 819) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23006.

23006. “Beer” means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer, but does not include sake, known as Japanese rice wine. Beer may be produced using the following materials as adjuncts in fermentation: honey, fruit, fruit juice, fruit concentrate, herbs, spices, and other food materials. Beer aged in an empty wooden barrel previously used to contain wine or distilled spirits shall be defined exclusively as “beer” and shall not be considered a dilution or mixture of any other alcoholic beverage.
(Amended by Stats. 2019, Ch. 60, Sec. 1. (AB 205) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23007.

23007. “Wine” means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agricultural product or products of which the wine is made and other rectified wine products and by whatever name and which does not contain more than 15 percent added flavoring, coloring, and blending material and which contains not more than 24 percent of alcohol by volume, and includes vermouth and sake, known as Japanese rice wine.
Nothing contained in this section affects or limits the power, authority, or duty of the State Department of Health Services in the enforcement of the laws directed toward preventing the manufacture, production, sale, or transportation of adulterated, misbranded, or mislabeled alcoholic beverages, and the definition of “wine” contained in this section is limited strictly to the purposes of this division and does not extend to, or repeal by implication, any law preventing the production, manufacture, sale, or transportation of adulterated, misbranded, or mislabeled alcoholic beverages.
(Amended by Stats. 1978, Ch. 429.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23008.

23008. “Person” includes any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular number.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23009.

23009. “Licensee” means any person holding a license, a permit, a certification, or any other authorization issued by the department.
(Amended by Stats. 2004, Ch. 437, Sec. 1. Effective September 9, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23010.

23010. “Taxpayer” means a person liable for the payment of a tax pursuant to Part 14 of Division 2 of the Revenue and Taxation Code.
(Amended by Stats. 1955, Ch. 1842.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23012.

23012. “Beer manufacturer” means any person that has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of beer.
(Amended by Stats. 2013, Ch. 686, Sec. 1. (AB 647) Effective January 1, 2014.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23013.

23013. “Winegrower” means any person who has facilities and equipment for the conversion of grapes, berries, or other fruit into wine and is engaged in the production of wine.
(Amended by Stats. 2008, Ch. 28, Sec. 1. Effective June 6, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23013.5.

23013.5. A “wine blender” is a person authorized to operate a bonded wine cellar pursuant to a permit issued for that purpose under the Internal Revenue Laws of the United States but who does not have facilities or equipment for the conversion of grapes, berries or other fruit into wine and does not engage in the production of wine in commercial quantities, provided that any person who produces or blends not to exceed 200 gallons of wine per year shall not, because of such production or blending, be considered a wine blender within the meaning of this division.
(Added by Stats. 1965, Ch. 499.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23015.

23015. “Distilled spirits manufacturer” means a person who produces distilled spirits from naturally fermented materials or in any other manner. “Distilled spirits manufacturer” does not include a winegrower that produces spirits of wine, provided the spirits of wine are blended into wine produced by the winegrower, are sold to an industrial alcohol dealer or a distilled spirits manufacturer, or are destroyed by the winegrower.
(Amended by Stats. 2023, Ch. 375, Sec. 1. (AB 1704) Effective October 7, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23016.

23016. “Rectifier” means every person who colors, flavors, or otherwise processes distilled spirits by distillation, blending, percolating, or other processes. “Rectifier” does not include an on-sale licensee that colors, flavors, or blends distilled spirits or wine products on the on-sale licensed premises to be consumed on the licensed premises.
(Amended by Stats. 2011, Ch. 301, Sec. 1. (SB 32) Effective September 21, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23017.

23017. “Importer” means:
(a) Any consignee of alcoholic beverages brought into this State from without this State, when the alcoholic beverages are for delivery or use within this State.
(b) Any person, except a public warehouse licensed under this division, to whom delivery is first made in this State of alcoholic beverages brought into this State from without this State for delivery or use within this State.
(c) Any person, licensed as an importer, selling alcoholic beverages to nonlicensees within an area over which the United States Government exercises jurisdiction, when delivery of the alcoholic beverages is made to the nonlicensees by a common carrier transporting the alcoholic beverages from a point outside this State.
(d) Any person bringing alcoholic beverages into this State from without this State which are not consigned to any person and which are for delivery or use within this State.
A person licensed as a customs broker who is acting as an agent for a licensed importer or for another person whose place of business is without the State shall not be deemed to be the importer of alcoholic beverages consigned in United States internal revenue bond or in United States customs bond to the licensed customs broker.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23018.

23018. “Exporter” means any person who sells, delivers, or consigns alcoholic beverages located within this State for delivery, use, or sale without the State.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23019.

23019. “Customs broker” means every person who is authorized to act as agent or broker for a person licensed as an importer or for a person whose place of business is without the State, in regard to the importing of alcoholic beverages into the State in United States internal revenue bond or in United States customs bond.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23020.

23020. “Wine broker” means every person, other than a salesman who is regularly employed by a licensee, who engages as an agent in the sale or purchase of wine for or on behalf of another or others for a fee or commission.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23021.

23021. “Wholesaler” means every person other than a manufacturer, winegrower or rectifier who is engaged in business as a jobber or wholesale merchant, dealing in alcoholic beverages, in an area within the United States other than a territory or possession of the United States, or within a foreign country having common boundaries with any state of the United States.
(Amended by Stats. 1975, Ch. 597.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23022.

23022. “Industrial alcohol dealer” means a person who sells alcohol or distilled spirits in packages of more than one gallon for use in the trades, professions, or industries, but not for beverage use.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23024.

23024. “Retailer’s on-sale license” means on-sale beer licenses, on-sale beer and wine licenses, on-sale general licenses, and on-sale general licenses for seasonal businesses.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23025.

23025. “Sell” or “sale” and “to sell” includes any transaction whereby, for any consideration, title to alcoholic beverages is transferred from one person to another, and includes the delivery of alcoholic beverages pursuant to an order placed for the purchase of such beverages and soliciting or receiving an order for such beverages, but does not include the return of alcoholic beverages by a licensee to the licensee from whom such beverages were purchased.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23028.

23028. “Package” means any container or receptacle used for holding alcoholic beverages which is corked or sealed with a stub, stopper, cap, or in any other manner.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23029.

23029. “Case” or “original case” means a standard box or carton as packed by the manufacturer or wine grower in which packages of alcoholic beverages are shipped or transferred.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23032.

23032. “Proof spirits” means that alcoholic liquor which contains one-half of its volume of pure ethyl alcohol of a specific gravity of 0.7939 at 60 degrees Fahrenheit, referred to water at 60 degrees Fahrenheit as unity.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23034.

23034. “Still” means any apparatus capable of being used for separating alcohol, or alcoholic vapors or solutions from alcohol or alcoholic solutions or mixtures, but does not include stills or apparatus used for laboratory purposes or solely in the production of distilled water or substances other than alcoholic beverages.
(Amended by Stats. 1959, Ch. 547.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23035.

23035. “Private warehouse” means any place maintained by a licensee, other than his licensed premises, for the storage but not for the sale of alcohol or alcoholic beverages owned by the licensee.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23036.

23036. “Public warehouse” means any place licensed for the storage of, but not the sale of, alcohol or alcoholic beverages for the account of other licensees and includes United States custom bonded warehouses and United States internal revenue bonded warehouses when the bonded warehouses are used for storage of alcoholic beverages for the account of another licensee.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23037.

23037. “Club” means a corporation or association which is the owner, lessee, or occupant of an establishment operated solely for objects of a social or athletic nature but not for pecuniary gain, having a bona fide membership list, and the majority of the members of which pay dues at least once in every year, and the property as well as the advantages of which belong to the members, and which sells alcoholic beverages only to its members and its bona fide guests. A guest is defined as a person who is actually a houseguest, or a person whose presence as a guest is in response to a specific invitation for the special occasion.
(Amended by Stats. 1957, Ch. 618.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23038.

23038. “Bona fide public eating place” means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. “Meals” means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. “Guests” shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this section, however, shall be construed to require that any food be sold or purchased with any beverage.
(Amended by Stats. 1955, Ch. 1779.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23038.1.

23038.1. Notwithstanding the provisions of Section 23038, “bona fide public eating place” also means a convention center, exhibit hall, or auditorium, which shall hereinafter be referred to as “premises,” owned by or leased to the State of California, any incorporated city, county, city and county, or public corporation of the State of California which is regularly and in a bona fide manner used and kept open for the attendance of groups of guests, and in connection with such use serves meals to such groups of guests for compensation, and which has suitable kitchen facilities in connection therewith, such kitchen containing conveniences for preparation of ordinary meals and maintained in a sanitary condition with proper refrigeration for the keeping of food on the premises in compliance with all regulations of the local department of health.
“Meals,” as used in this section, means foods commonly ordered at a lunch or dinner; provided, however, that the service of food such as sandwiches or salads only shall not be deemed compliance with this requirement.
“Groups of guests,” as used in this section, means persons who come to the premises owned or leased as provided herein, to make use of such premises for the purpose or purposes for which it was designed, and in connection with such use may, as a group, order in advance and obtain or be served a meal therein.
“Convention center” as used in this section, means a building or group of buildings in close physical proximity consisting of, but not necessarily limited to, a convention hall, exhibit hall, auditorium, or theater, or any combination thereof, and used for the purpose, among other things, of providing facilities for conventions, theatrical productions, shows, sporting centers, exhibits, displays, conferences or meetings.
Nothing in this section shall be construed to require that meals be served every day that use is made of the premises or any part thereof. However, meals shall actually be available to groups of guests in good faith upon adequate notice and request to the operators of such premises on any day of any year that such premises are used by such groups of guests, and shall be served to groups of guests as heretofore provided on at least 25 percent of the total days each year that the premises are used by said groups of guests.
Nothing in this section shall be construed to require that any food be sold or purchased with any alcoholic beverage.
(Added by Stats. 1968, Ch. 860.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23038.2.

23038.2. Notwithstanding the provisions of Section 23038, for purposes of issuing an on-sale beer and wine license only, “bona fide public eating place” also means a ball park, stadium, or coliseum featuring professional sporting events which maintains suitable kitchen facilities for the preparation of food which is offered for sale to persons attending such professional sporting events.
The Department of Alcoholic Beverage Control may prescribe specific types and sizes of beer and wine containers which may be sold pursuant to the provisions of this section.
(Amended by Stats. 1978, Ch. 270.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23038.3.

23038.3. Notwithstanding Section 23038, for purposes of issuing an on-sale beer and wine license only, “bona fide public eating place” also means a cooking school that regularly and in a bona fide manner provides courses of instruction in the preparation of food, and that maintains suitable kitchen facilities for the preparation of food that is offered to persons attending the courses of instruction.
(Added by Stats. 2011, Ch. 702, Sec. 1. (SB 339) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23039.

23039. (a) “Public premises” means:
(1) Premises licensed with any type of license other than an on-sale beer license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises, and in which food shall not be sold or served to the public as in a bona fide public eating place, but upon which premises food products may be sold or served incidentally to the sale or service of alcoholic beverages, in accordance with rules prescribed by the department.
(2) Premises licensed with an on-sale beer license, in which food shall not be sold or served to the public as in a bona fide public eating place, and in which sandwiches, salads, desserts, and similar short orders shall not be sold and served, in accordance with rules prescribed by the department.
(b) “Public premises” does not include any of the following:
(1) Railroad dining or club cars, passenger ships, airplanes, or bona fide clubs after the clubs have been lawfully operated for not less than one year.
(2) Historic units of the state park system.
(3) Premises being operated under a temporary on-sale beer license other than permitted pursuant to Section 24045.5, or on-sale beer licensed stadia, auditoria, fairgrounds, or racetracks.
(4) Nonprofit theater companies, nonprofit radio broadcasting companies, or nonprofit cultural film exhibition companies licensed pursuant to Section 24045.7.
(5) Theaters licensed pursuant to Section 24045.75.
(6) Cemeteries licensed pursuant to Section 24045.76.
(7) Winegrowers’ premises.
(8) Licensed premises of a nonprofit arts foundation licensed pursuant to Section 24045.78.
(Amended by Stats. 2022, Ch. 732, Sec. 1.5. (SB 1370) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23039.1.

23039.1. Notwithstanding any other provision of law, any on-sale beer and wine public premises licensee who has been licensed at premises operated as a cabaret theater for at least 10 years and which has a seating capacity for at least 375 patrons may admit persons under the age of 21 years to theater performances provided that alcoholic beverages are not sold, served, or consumed on the premises during those performances.
(Amended by Stats. 2008, Ch. 18, Sec. 1. Effective June 2, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 1 - General Provisions and Definitions › Section 23039.5.

23039.5. “Entertainment zone” means a zone created by ordinance on or after January 1, 2024, in the City and County of San Francisco that authorizes consumption of one or more types of alcoholic beverages on public streets, sidewalks, or public rights-of-way adjacent to and during a special event permitted or licensed by the department.
(Added by Stats. 2023, Ch. 700, Sec. 1. (SB 76) Effective January 1, 2024.)