reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23369.

23369. In order to qualify for a rectifier’s license, a person shall actually be engaged at the time the license is issued or renewed, or within 30 days thereafter, in the bottling of distilled spirits owned by him. The distilled spirits owned by him shall comprise at least 50 percent of the total distilled spirits bottled by him.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23370.

23370. Nothing in Sections 23368 and 23369 prohibits the issuance of a distilled spirits manufacturer’s agent’s license to any person who is engaged in the bottling of distilled spirits owned solely by other manufacturer’s agents, rectifiers, wholesalers, or manufacturers.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23371.

23371. A rectifier who also performs the functions of a distilled spirits wholesaler shall comply with all the provisions of this division applicable to a holder of a distilled spirits wholesaler’s license.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23372.

23372. A wine rectifier’s license authorizes the person to whom issued to cut, blend, rectify, mix, flavor, or color wine upon which the excise tax imposed by Part 14 of Division 2 of the Revenue and Taxation Code has been paid, and whether so cut, blended, rectified, mixed, flavored, or colored by him, or any other person, to package, label, export, and sell the products to persons holding licenses issued by the department authorizing the sale of wine. The holder of a wine rectifier’s license may apply for and hold a wine importer’s license, a distilled spirits manufacturer’s license, or a distilled spirits manufacturer’s agent’s license. A wine rectifier’s license shall not be issued to or held by the holder of a retail off-sale or retail on-sale license.
(Amended by Stats. 1955, Ch. 1842.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23373.

23373. A California winegrower’s agent’s license authorizes any of the following:
(a) The possession of wine produced in California and brandy distilled in California in public or private warehouses.
(b) The sale to wholesalers for his or her own account or the solicitation of and sale to wholesalers for the account of a licensed winegrower of wine that was produced in this state and brandy that was distilled in this state.
(c) The invoicing and collection on behalf of a winegrower of payments for orders solicited by the agent.
(d) Performance or furnishing on behalf of the winegrower for which he or she is an agent, of the services which the winegrower is authorized to perform or furnish under the provisions of Sections 23356.1, 25503.1, 25503.2, 25503.3, 25503.5, 25503.8, 25503.9, 25503.26, and 25503.85.
(Amended by Stats. 2001, Ch. 567, Sec. 1. Effective October 7, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23373.1.

23373.1. Neither the holder of any wholesaler’s license nor the holder of any retail license may hold a California winegrower’s agent’s license, except that the holder of a wholesaler’s license who has been a primary distributor for a winegrower for more than 20 years immediately prior to the effective date of this section may continue to be issued and to hold a beer and wine wholesaler’s license and a distilled spirits wholesaler’s license as well as a California winegrower’s agent’s license.
(Added by Stats. 1973, Ch. 783.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23373.2.

23373.2. A winegrower or brandy manufacturer may be represented by only one California winegrower’s agent.
(Added by Stats. 1973, Ch. 783.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23373.4.

23373.4. A California winegrower’s agent’s license authorizes the holder to furnish samples, to produce and distribute wine lists, to produce and furnish advertising material, retailers’ advertising specialties and consumer advertising specialties, with respect to the wine or brandy he distributes as an agent for a winegrower or brandy manufacturer so authorized.
(Added by Stats. 1973, Ch. 783.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23373.5.

23373.5. Nothing in this division shall preclude the department from taking disciplinary action against a winegrower or brandy manufacturer for any violation of this division when such violation was committed by the holder of a California winegrower’s agent’s license while acting on behalf of the winegrower or brandy manufacturer.
(Added by Stats. 1973, Ch. 783.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23374.

23374. Any importer’s license authorizes the person to whom issued to become an importer of alcoholic beverages specified in the license, to export the alcoholic beverages, and to transfer the beverages to himself under another license.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23374.5.

23374.5. A distilled spirits importer’s general license authorizes the person to whom issued to become an importer of distilled spirits and to sell distilled spirits to distilled spirits manufacturers, distilled spirits manufacturer’s agents, distilled spirits wholesalers, rectifiers and distilled spirits general importers.
(Added by Stats. 1959, Ch. 2192.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23374.6.

23374.6. A beer and wine importer’s general license authorizes the person to whom issued to become an importer of beer or wine and to sell state tax paid beer or wine to beer manufacturer's, wine grower's, beer and wine wholesaler's, wine rectifier’s and beer and wine importer’s general licensees.
(Added by Stats. 1961, Ch. 1687.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23375.

23375. (a) A public warehouse license authorizes the storage of alcoholic beverages for the account of another licensee, including storage in a United States customs bonded warehouse, a United States internal revenue bonded warehouse, and a United States bonded wine cellar.
(b) The department may issue to the holder of a public warehouse license a duplicate of the original public warehouse license for each additional warehouse operated by the licensee, which authorizes the exercise of all privileges of the original public warehouse license at the additional warehouse or warehouses.
(c) The term “duplicate public warehouse license,” as used in this section, only applies herein.
(Amended by Stats. 2019, Ch. 29, Sec. 19. (SB 82) Effective June 27, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23375.5.

23375.5. No distilled spirits importer’s general license shall be issued to any person who holds an interest, directly or indirectly, in an on-sale or off-sale general license.
(Added by Stats. 1959, Ch. 2192.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23375.6.

23375.6. No beer and wine importer’s general license shall be issued to any person who holds an interest, directly or indirectly, in any retail license. No retail license shall be issued to any beer and wine importer’s general licensee.
(Added by Stats. 1961, Ch. 1687.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23376.

23376. A customs broker’s license authorizes the transfer to licensed importers of alcoholic beverages brought into the State in United States internal revenue bond or in United States customs bond and the exportation of the alcoholic beverages. The holder of a customs broker’s license may receive delivery of, possess, export, and transfer to licensed importers such alcoholic beverages as are brought into this State in United States internal revenue bond or customs bond. Such a license also authorizes the possession and exportation of alcoholic beverages acquired from licensed manufacturers or wine growers for export.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23377.

23377. A wine broker’s license authorizes the person to whom issued to act as a wine broker, for a fee or commission, in the purchase of wine for or on behalf of a person within or without this State authorized to buy wine for purposes of resale and in the sale of wine for or on behalf of a person, other than a retail licensee, licensed to sell wine within the State. A wine broker shall not buy or sell any wine for his own account, take or deliver title to wine, or receive or store any wine in his own name in this State. A wine broker shall not offer to sell, agree to offer to sell, or sell any wine unless he first has a bona fide authorization to do so from a person, other than a retail licensee, licensed to sell wine in this State. A wine broker shall not offer to buy, agree to buy, agree to offer to buy, or buy any wine unless he first has a bona fide authorization to do so from a person within or without this State authorized to buy wine for purposes of resale. The exercise of the privileges granted by the wine broker’s license are subject to such rules and conditions as the department deems necessary and proper.
(Amended by Stats. 1955, Ch. 447.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23378.

23378. Any wholesaler’s license authorizes the sale of the alcoholic beverage specified in the license only to persons holding licenses issued by the department authorizing the sale of the alcoholic beverage, and authorizes the exportation of the alcoholic beverage.
(Amended by Stats. 1955, Ch. 447.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23378.05.

23378.05. (a) For any sale or offer of sale of beer by a beer wholesaler within the state, the beer wholesaler shall comply with all of the following:
(1) Pursuant to Section 25000.5, the beer wholesaler shall file and maintain with the department a written territorial agreement with each beer manufacturer prior to the wholesaler’s sale or offer of sale of each beer manufacturer’s beer.
(2) Pursuant to Section 25000, the beer wholesaler shall file prices with the department for each beer manufacturer’s beer prior to the wholesaler’s sale or offer of sale of each manufacturer’s beer.
(3) (A) The beer wholesaler shall own or lease a warehouse sufficient to store at one time a stock of beer equal to 10 percent or more of the wholesaler’s annual volume of beer case and keg sales to retailers within this state.
(B) The beer wholesaler shall maintain at all times in a warehouse either owned or leased by the wholesaler a stock of beer equal to not less than 5 percent of the wholesaler’s annual volume of beer case and keg sales to retailers within this state.
(C) If a beer wholesaler has more than one leased or owned licensed warehouse premises, the wholesaler shall be required to comply with the conditions of subparagraphs (A) and (B) only in connection with one licensed warehouse premises.
(4) The beer wholesaler shall receive all beer for sale at the wholesaler’s licensed warehouse premises, unload and maintain the beer on the premises, and record the beer into the wholesaler’s inventory and for the California Beverage Container Recycling and Litter Reduction Act, prior to any sale or reloading for delivery.
(5) The beer wholesaler shall sell only beer that the wholesaler owns and has in physical possession and that is not acquired, held, or offered for sale under consignment.
(6) The beer wholesaler shall sell beer only from the wholesaler’s licensed warehouse premises or pursuant to Section 23388.
(7) The beer wholesaler shall deliver all beer sold to retailers for delivery from the wholesaler’s licensed warehouse premises only with equipment owned, leased, or rented by the wholesaler.
(8) The beer wholesaler shall sell beer for resale generally and not to a single retailer or retailers that have a direct or indirect interest in the wholesaler or in each other and that are owned in whole or in part or managed or controlled directly or indirectly by the retailer or retailers.
(b) For purposes of this section, “beer manufacturer” means 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. 2018, Ch. 492, Sec. 1. (AB 2469) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23378.2.

23378.2. Notwithstanding any other provision of this division, a licensed wholesaler or importer may be issued and may hold retail package off-sale beer and wine licenses if the wholesaler or importer sells wine and no other alcoholic beverages at or from the retail premises.
(Amended by Stats. 1988, Ch. 284, Sec. 1. Effective July 7, 1988.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23379.

23379. A beer and wine wholesaler’s license also authorizes the labeling, bottling, or packaging of wine in accordance with and subject to the rules of the State Department of Public Health. A beer and wine wholesaler’s license shall not permit the sale or delivery of wine to consumers in containers supplied, furnished, or sold by the consumer.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23380.

23380. An industrial alcohol dealer’s license authorizes the sale of undenatured ethyl alcohol in packages of more than one gallon for use in the trades, professions, or industries and not for beverage consumption and also authorizes the importation and exportation of undenatured ethyl alcohol.
(Amended by Stats. 1957, Ch. 554.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23381.

23381. Any manufacturer's, wine grower's, manufacturer’s agent's, rectifier’s or wholesaler’s license authorizes the licensee to:
(a) Deal in warehouse receipts, for the kind of alcoholic beverages which the licensee is authorized to sell, with other licensed manufacturers, wine growers, distilled spirits manufacturer’s agents, rectifiers, or wholesalers who are authorized to sell the kind of alcoholic beverages covered by the warehouse receipt.
(b) Sell warehouse receipts for brandy produced in this State to licensees of other states who are authorized to deal in brandy, for the purpose of storage of the brandy covered by the warehouse receipts in internal revenue bonded warehouses in this State for subsequent export to another state.
Nothing in this division prohibits the sale of a warehouse receipt for alcoholic beverages by any other person, in accordance with rules adopted by the department, to manufacturers, wine growers, manufacturer’s agents, rectifiers, and wholesalers licensed to sell the kind of alcoholic beverages covered by the warehouse receipt when the warehouse receipt was acquired by the person prior to May 1, 1941.
(Amended by Stats. 1955, Ch. 447.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23382.

23382. An offer or agreement to sell distilled spirits, which at the time of the offer or agreement are stored in containers larger than one gallon capacity and the ownership of which is represented by a warehouse receipt, shall be deemed a sale of a warehouse receipt.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23383.

23383. Any manufacturer's, wine grower's, manufacturer’s agent's, importer's, rectifier's, or wholesaler’s license also authorizes the transfer of title to the alcoholic beverages specified in the license to other licensed manufacturers, wine growers, manufacturer’s agents, importers, rectifiers, and wholesalers when the alcoholic beverages are in storage in a licensed public warehouse, United States customs bonded warehouse, United States internal revenue bonded warehouse, or United States bonded wine cellars located at any place within the state without any additional or other license therefor. Such licenses also authorize the sale of alcoholic beverages specified in the license to persons who, under such procedure as shall be established by the department, take delivery of the alcoholic beverages in this State for delivery or use without the State.
(Amended by Stats. 1955, Ch. 1600.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23384.

23384. Any licensed beer manufacturer, wine grower, brandy manufacturer, rectifier, or wholesaler may, in addition to the other privileges exercised under his or her license and in accordance with rules prescribed by the department sell tax-paid alcoholic beverages mentioned in the license of the licensee to nonlicensees having a fixed place of business or residence upon territory within this State which is maintained by the United States Government as a military or naval reservation or national park or veterans homes, and veterans homes maintained by the State of California, and Indian country or land dedicated for use by the Indians.
(Amended by Stats. 1982, Ch. 906, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23385.

23385. Any distilled spirits manufacturer’s or brandy manufacturer’s license and any rectifier’s license authorizes the sale, in conformity with United States internal revenue laws and regulations, of the distilled spirits authorized to be sold by the license in packages larger than one gallon for use in the trades, professions, or industries and not for beverage use.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23386.

23386. (a) Any manufacturer’s, wine grower’s, manufacturer’s agent’s, rectifier’s, importer’s, or wholesaler’s license also authorizes the giving away of samples of the alcoholic beverages that are authorized to be sold by the license under the rules that may be prescribed by the department. A retail license does not authorize the furnishing or giving away of any free samples of alcoholic beverages.
(b) Notwithstanding subdivision (a), an on-sale retail licensee authorized to sell wine may instruct consumers at the on-sale retail licensed premises regarding wines sold by the retail licensee. Notwithstanding subdivision (a), an on-sale retail licensee authorized to sell distilled spirits may instruct consumers at the on-sale retail licensed premises regarding distilled spirits. The instruction may include, without limitation, the history, nature, values, and characteristics of the product, and the methods of presenting and serving the product. The instruction of consumers may include the furnishing of not more than three tastings to any individual in one day. A single tasting of distilled spirits may not exceed one-fourth of one ounce and a single tasting of wine may not exceed one ounce. Nothing in this subdivision shall limit the giving away of samples pursuant to subdivision (a).
(Amended by Stats. 1998, Ch. 248, Sec. 1. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23387.

23387. In addition to the other privileges exercised under a wholesaler’s or rectifier’s license, a wholesaler or rectifier may sell the alcoholic beverages mentioned in his or her license to persons who take delivery of the alcoholic beverages within this state for delivery or use outside of the state within 90 days from the date of the sale in accordance with rules and regulations prescribed by the department.
(Amended by Stats. 2006, Ch. 910, Sec. 2. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23388.

23388. A licensed beer manufacturer or a licensed beer wholesaler, in addition to selling beer at his licensed premises, may sell beer from wagons or trucks operated by him to licensees authorized to sell beer.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23390.

23390. (a) A licensed winegrower or brandy manufacturer, in addition to exercising all the privileges of their license at their licensed premises, may exercise all the license privileges at or from branch offices or warehouses, or United States bonded wine cellars located away from the place of production or manufacture, other than the following privileges:
(1) Production or manufacture.
(2) The sale of wine or brandy to consumers for consumption on the premises in a bona fide eating place.
(b) The department may issue to a winegrower or brandy manufacturer a duplicate of the original license for a location or locations other than the wine production or brandy manufacture premises. The duplicate license authorizes the maintenance and operation of each branch or warehouse or United States bonded wine cellar declared and designated by the winegrower or brandy manufacturer at the location for which the duplicate license is issued.
(c) Notwithstanding any other law, the department may allow any person that held more than one original winegrower’s license, on or before January 1, 1981, to transfer any duplicate license which has been issued, on or before January 1, 1981, on any of the original winegrower’s licenses to any other original winegrower’s license held by that person, on or before January 1, 1981, provided that the licensee cancels the original winegrower’s license from which any duplicate license is transferred. This subdivision shall not authorize any person to acquire any additional duplicate licenses other than those held by that licensee on or before January 1, 1981.
(Amended by Stats. 2021, Ch. 192, Sec. 1. (AB 239) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23390.5.

23390.5. (a) For purposes of this section, “licensed branch office” means a branch office or warehouse, or United States bonded wine cellar, located away from the licensed winegrower’s or brandy manufacturer’s place of production or manufacture, for which a duplicate license has been issued.
(b) Notwithstanding the provisions of Sections 23358, 23360, and 23390, a licensed winegrower or brandy manufacturer shall not sell wine or brandy to consumers or engage in winetasting activities at more than two licensed branch premises. This section is not and shall not be construed to be retroactive and notwithstanding any other provisions of this division shall not prohibit such sales or limit the quantity thereof or prohibit winetasting activities at a licensed branch office or branch offices under the existing duplicate license or licenses therefor in existence on January 1, 1966, or any renewal or transfer thereof or at any licensed branch office opened by the licensee in place of such licensed branch office.
(Amended by Stats. 2021, Ch. 274, Sec. 2. (SB 19) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23391.

23391. If a violation of any provision of this division or of any rule of the department is committed in the exercise of the license privileges authorized to be exercised at any branch office, and the violation becomes a matter of investigation, hearing, or decision by the department with relation to the license of the licensee, the department in making its ruling or decision, if the violation is found to be one committed in connection with the operation of the branch office and not a violation in connection with manufacturing or production or the manufacturing or production premises, shall not suspend, revoke, or interfere with the manufacturer’s or wine grower’s license privileges or license at his place of manufacture or production but shall limit the application of its decision, permissible under this division, to and in connection with the particular duplicate license and the premises in the operation of which the violation occurred.
(Amended by Stats. 1955, Ch. 447.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23392.

23392. If a violation of any provision of this division or of any rule of the department is committed in connection with the premises where the act of manufacturing beer or producing wine is performed, the department in making its ruling or decision in connection with the violation shall limit its decision, permissible under this division, to and in connection with the license upon the premises of manufacture or production and to the particular function exercised by the licensee wherein a violation occurred, such as manufacturing, production, importing, exporting, packaging, labeling, selling to wholesalers, or selling to retailers, and any existing duplicate license for any branch office, unless the branch office actually participated in the commission of the violation, shall not be affected or interfered with by the decision or by reason of the violation.
(Amended by Stats. 1955, Ch. 447.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23393.

23393. A retail package off-sale beer and wine license authorizes the sale, to consumers only and not for resale, of beer in containers, and wine in packages and in quantities of 52 gallons or less per sale, for consumption off the premises where sold.
(Amended by Stats. 1965, Ch. 721.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23393.5.

23393.5. (a) The department may issue a limited off-sale retail wine license which authorizes the sale of wine by the licensee if all of the following conditions are met:
(1) Sales are restricted to those solicited and accepted via direct mail, telephone, or the internet.
(2) Sales are not conducted from a retail premises open to the public.
(3) The licensee takes possession of and title to all wine sold by the licensee.
(4) All wine sold by the licensee is delivered to the purchaser from the licensee’s licensed premises or from a licensed public warehouse.
(b) The sale of wine shall only be to consumers and not for resale, in packages or quantities of 52 gallons or less per sale, for consumption off the premises where sold.
(c) The licensee shall comply with Section 23985, but is exempted from Sections 23985.5 and 23986.
(d) The department may impose reasonable conditions upon the licensee as may be needed in the interest of public health, safety, and welfare.
(Amended by Stats. 2019, Ch. 29, Sec. 21. (SB 82) Effective June 27, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23394.

23394. An off-sale general license includes the privileges specified in Section 23393 and authorizes the sale, to consumers only and not for resale, except to holders of daily on-sale general licenses issued pursuant to Section 24045.1, of distilled spirits for consumption off the premises where sold. Standards of fill for distilled spirits authorized for sale pursuant to this section shall conform in all respects to the standards established pursuant to regulations issued under the Federal Alcohol Administration Act (27 U.S.C. Secs. 201 et seq.) and any amendments thereto.
(Amended by Stats. 1980, Ch. 24, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23394.5.

23394.5. No privileges under an off-sale general license, except as provided in Section 23106, shall be exercised by the licensee in more than one room or building unless the rooms or buildings are contiguous and the access between such rooms or buildings is adequate and available for general public use without the necessity of using any public or private street, alley or sidewalk.
(Added by Stats. 1959, Ch. 198.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23394.7.

23394.7. No privileges under an off-sale license shall be exercised by the licensee at any customer-operated checkout stand located on the licensee’s physical premises.
(Added by Stats. 2011, Ch. 726, Sec. 2. (AB 183) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23395.

23395. Nothing in this division prevents the sale, in packages of less than one-half pint, of bitters or other aromatic or flavoring or medicinal preparations, which are classed for taxing purposes as distilled spirits, by off-sale general licensees.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23396.

23396. (a) Any on-sale license authorizes the sale of the alcoholic beverage specified in the license for consumption on the premises where sold. No alcoholic beverages, other than beers, may be sold or served in any bona fide public eating place for which an on-sale license has been issued unless the premises comply with the requirements prescribed in Section 23038, 23038.1, 23038.2, or 23038.3.
(b) (1) In addition to the privilege in subdivision (a), any on-sale license for a premises located in an entertainment zone authorizes the licensee to permit consumers to leave the licensed premises with open containers of alcoholic beverages for consumption off the premises within the entertainment zone if all of the following conditions are satisfied:
(A) The alcoholic beverage is specified in both the license and the ordinance creating the entertainment zone.
(B) Open alcohol containers only leave the premises during the hours allowed by the ordinance establishing the entertainment zone.
(C) Patrons with open containers exit the licensed premises directly into an entertainment zone.
(D) All alcoholic beverages in the entertainment zone are purchased only at a licensed premises located within the entertainment zone.
(E) The premises expressly prohibits open containers or closed containers of alcoholic beverages acquired outside their premises.
(F) Delivery of alcoholic beverages to consumers within the entertainment zone by the licensee or by any third-party delivery service is expressly prohibited unless the delivery is to a residential building or private business that is not a licensee.
(G) No alcoholic beverages purchased at the licensed premises may leave the premises in an open glass or metal container for consumption in an entertainment zone.
(H) The licensee annually submits their notice of intent to participate in an open container entertainment zone to the department.
(2) This subdivision does not require a licensee to sell any alcoholic beverage for consumption off the premises within an entertainment zone.
(3) Licensees whose privileges are restricted due to operating conditions or other statutory restrictions may be prohibited from exercising entertainment zone privileges that are contrary to their operating conditions. For purposes of this paragraph, any restrictions on the exercise of off-sale privileges shall apply to the removal of alcoholic beverages from the licensed premises for consumption in the entertainment zone.
(Amended by Stats. 2023, Ch. 700, Sec. 4. (SB 76) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23396.1.

23396.1. (a) An on-sale general license for restricted service lodging establishments authorizes those hotels and motels described in subdivision (b) to sell alcoholic beverages for consumption on the premises only as follows:
(1) By means of controlled access alcoholic beverage cabinets located in guestrooms, subject to the conditions specified in Section 23355.2.
(2) Under circumstances where the uniform cost of the alcoholic beverages is included in the price of the overnight transient occupancy accommodation, whether or not separately stated.
(3) Beer and wine in sealed containers to the licensee’s transient guests and their invitees from a food sale area, as defined in subdivision (c), located within the lodging establishment itself.
(b) For purposes of this division, a “restricted service lodging establishment” is a hotel or motel, within the meaning of subdivision (f) of Section 23355.2, which meets all of the following conditions:
(1) It does not operate a bona fide eating place or other public premise.
(2) It has at least 10 guestroom accommodations.
(3) It does not derive more than 5 percent of its total gross annual revenues from sales of alcoholic beverages.
(c) “Food sale area” means a food facility, within the meaning of Section 113789 of the Health and Safety Code, that routinely offers for sale, throughout the area’s normal hours of operation each day to all of the lodging establishment’s transient guests and their invitees, primarily items like prepackaged sandwiches, salads, snacks, candy, dairy products, water, soft drinks, and other nonalcoholic beverages in bottles or cans, and similar food items. The “food sale area” may also offer for sale various items such as health and beauty aids, cosmetics, nonprescription drugs, film, batteries, and similar sundries.
(d) A premises licensed pursuant to this section shall not be authorized to sell or furnish alcoholic beverages to the general public, shall not be entitled to a caterer’s permit pursuant to Section 23399, and shall not be entitled to exercise any off-sale privileges pursuant to Section 23401. The provisions of Article 2 (commencing with Section 23815) of Chapter 5 do not apply to the issuance of on-sale general licenses for restricted service lodging establishments. An on-sale general restricted service lodging establishment license may be transferred to another person but not to another location. A licensee specified in this section shall purchase no alcoholic beverages for sale in this state other than from a wholesaler or winegrower licensee.
(Amended by Stats. 2019, Ch. 29, Sec. 22. (SB 82) Effective June 27, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23396.5.

23396.5. Notwithstanding any other law, any on-sale licensee that maintains a bona fide eating place in conjunction with such license, any on-sale beer and wine public premises licensee, or any winegrower that is exercising a privilege pursuant to Section 23358 or 23390 may allow any person who has purchased and partially consumed a bottle of wine to remove the partially consumed bottle from the premises upon departure.
(Amended by Stats. 2009, Ch. 535, Sec. 2. (AB 1470) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23397.

23397. Alcoholic beverages may be served on trains, boats, and airplanes under onsale licenses issued for trains, boats, and airplanes, only to passengers or employees not on duty.
Beer may be served on boats under an onsale beer license for fishing party boats except during the time such boats are at a dock.
(Amended by Stats. 1963, Ch. 1218.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23398.

23398. Nothing in this division prevents the purchase or possession in packages of less than one-half pint capacity of bitters or other aromatic or flavoring or medicinal preparations, which are classed for taxing purposes as distilled spirits, by on-sale licensees.
(Added by Stats. 1953, Ch. 152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23398.5.

23398.5. Any on-sale license, issued pursuant to this division that authorizes the sale of wine, also authorizes the sale of both of the following:
(a) Soju, an imported Korean alcoholic beverage that contains not more than 24 percent of alcohol by volume and is derived from agricultural products.
(b) Shochu, an imported Japanese alcoholic beverage that contains not more than 24 percent of alcohol by volume and is derived from agricultural products.
(Amended by Stats. 2023, Ch. 653, Sec. 1. (AB 416) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23399.1.

23399.1. No license or permit shall be required for the serving and otherwise disposing of alcoholic beverages where all of the following conditions prevail:
1. That there is no sale of an alcoholic beverage.
2. That the premises are not open to the general public during the time alcoholic beverages are served, consumed or otherwise disposed of.
3. That the premises are not maintained for the purpose of keeping, serving, consuming or otherwise disposing of alcoholic beverages.
Provided, however, that nothing in this section shall be construed to permit any person to violate any provision of the Alcoholic Beverage Control Act.
(Added by Stats. 1955, Ch. 1801.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23399.2.

23399.2. Premises for which a special onsale general license is issued may be operated only as a club by an organization which meets all the requirements of Section 23037, or by an organization which meets all of such requirements except that it is operated for pecuniary gain, or its property is not owned by its members, or both.
(Added by Stats. 1961, Ch. 1914.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23399.3.

23399.3. (a) An on-sale special beer and wine license for hospitals, convalescent homes, and rest homes, authorizes the sale or service of beer and wine purchased from a licensed winegrower or beer and wine wholesaler only to patients or residents of the licensed hospital, convalescent home, or rest home. Such a license shall not be transferable from person to person and no off-sale privileges shall be exercised under such a license. Nothing in this section shall be construed to require a license for the service of beer and wine purchased at retail.
(b) As used in this section, “rest home” includes an apartment building, whether licensed or unlicensed, which rents exclusively to persons age 62 and older, and provides one to three meals daily for tenants.
(Amended by Stats. 1986, Ch. 701, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23399.5.

23399.5. (a) (1) A license or permit is not required for the serving of alcoholic beverages in a limousine by any person operating a limousine service regulated by the Public Utilities Commission, provided there is no extra charge or fee for the alcoholic beverages.
(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the limousine service is the same regardless of whether alcoholic beverages are served.
(b) (1) A license or permit is not required for the serving of alcoholic beverages as part of a hot air balloon ride service, provided there is no extra charge or fee for the alcoholic beverages.
(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the hot air balloon ride service is the same regardless of whether alcoholic beverages are served.
(c) A license or permit is not required for the serving of wine or beer as part of any service provided by an establishment that is subject to regulation by the State Board of Barbering and Cosmetology under the Barbering and Cosmetology Act (Chapter 10 (commencing with Section 7301) of Division 3) if the following requirements are met:
(1) There is no extra charge or fee for the beer or wine. For purposes of this paragraph, there is no extra charge or fee for the beer or wine if the fee charged for the service is the same regardless of whether beer or wine is served.
(2) The license of the establishment providing the service is in good standing with the State Board of Barbering and Cosmetology.
(3) No more than 12 ounces of beer or six ounces of wine by the glass is offered to a client.
(4) The beer or wine is provided only during business hours and in no case later than 10 p.m.
(5) Nothing in this subdivision shall be construed to limit the authority of a city or city and county to restrict or limit the consumption of alcoholic beverages, as described in this subdivision, pursuant to Section 23791.
(Amended by Stats. 2023, Ch. 212, Sec. 1. (SB 247) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23399.65.

23399.65. (a) A licensed beer manufacturer may apply to the department for a brewery event permit. A brewery event permit shall authorize the sale of beer produced by the licensee pursuant to Section 23357 for consumption on property contiguous and adjacent to the licensed premises owned or under the control of the licensee. The property shall be secured and controlled by the licensee.
(b) (1) The annual fee for a brewery event permit for a licensed beer manufacturer shall be the same as the event permit fee specified in subdivision (b) of Section 23320. The permit may be renewed annually at the same time as the licensee’s license. A brewery event permit shall be transferable as a part of the license.
(2) For each brewery event, consent for the sale of beer pursuant to subdivision (a) at the brewery event shall be first obtained by the licensee from the department in the form of an event authorization issued by the department. An event authorization shall be subject to approval by the appropriate local law enforcement agency. The fee for each event authorization shall be the same as the event authorization fee specified in Section 23399. The number of events authorized by a brewery event permit shall not exceed four in any calendar year.
(3) All moneys collected as fees pursuant to this subdivision shall be deposited in the Alcohol Beverage Control Fund, as described in Section 25761, for allocation, upon appropriation by the Legislature, as provided in subdivision (d) of that section.
(c) At all approved events, the licensee may exercise only those privileges authorized by the licensee’s license and shall comply with all provisions of the act pertaining to the conduct of on-sale premises, and violation of those provisions may be grounds for suspension or revocation of the licensee’s license or permit, or both, as though the violation occurred on the licensed premises.
(d) The department may adopt any regulations it determines to be necessary for the administration of this section.
(Amended by Stats. 2019, Ch. 29, Sec. 30. (SB 82) Effective June 27, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 9 - ALCOHOLIC BEVERAGES › CHAPTER 3 - Licenses and Fees › ARTICLE 3 - Rights and Obligations of Licensees › Section 23399.7.

23399.7. Any license issued to any golf course facility, or any license issued to a licensee that operates at any golf course facility, entitles the licensee to make sales of alcoholic beverages from any golf cart, as defined in Section 345 of the Vehicle Code, that the licensee operates on the golf course premises.
(Added by Stats. 1997, Ch. 21, Sec. 1. Effective June 6, 1997.)