California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 14 - Sales Without Licenses › Section 79 - Sales Without Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Temporary Continuation of Retail Business. The administrator, executor or
				guardian of the estate of a retail licensee or receiver for a retail licensee
				or trustee of the bankrupt estate of a retail licensee, or assignee for the
				benefit of creditors of a retail licensee, or the surviving and competent
				colicensees of a deceased or incompetent retail licensee, may apply to the
				district supervisor of the department in the district in which the licensed
				premises are located for permission to operate a licensed business under the
				provisions of Section
				23102 of the Alcoholic Beverage
				Control Act. Permission to sell and deal in alcoholic beverages under the
				authority of the license may be granted by district supervisor orally and shall
				be immediately confirmed in writing. Suspension or revocation of permission
				under this section may be made by the department in accordance with the
				provisions of the Alcoholic Beverage Control Act applicable to
				licenses.
(b) Temporary
				Continuation of Licensed Business Other Than Retail. The administrator,
				executor or guardian of the estate, or receiver, or assignee for the benefit or
				creditors, or trustee of the bankrupt estate of a licensee other than a retail
				licensee, may apply to the Director of Alcoholic Beverage Control for
				permission to operate under the provisions of Section
				23102 and shall accompany such
				application with a surety bond as required by Part 14 of Division 2 of the
				Revenue and Taxation Code. Permission to operate shall be made in writing by
				the Director of Alcoholic Beverage Control, and suspension or revocation of
				such permission to operate may be made by the department in accordance with the
				provisions of the Alcoholic Beverage Control Act applicable to
				licenses.
(c) Sales by Former
				Licensees. A former licensee, or licensee whose license has been surrendered
				under Rule 65, may apply to a district office of the department in writing for
				permission to sell his stock of alcoholic beverages to a licensee or licensees
				authorized to resell such alcoholic beverages. The application shall state the
				date and hour of the proposed sale, which shall be not less than five nor more
				than 15 days from the date of filing the application, and shall be accompanied
				by an inventory of all alcoholic beverages to be sold to each licensee. The
				District Administrator may grant approval if he is satisfied the stated facts
				are correct. The applicant shall be given written notice of such approval,
				which notice he shall present upon request to any peace officer at the time of
				the sale.
The above requirements shall not apply to a licensee whose
				  license is in process of transfer and who, in conjunction with that transfer,
				  sells his stock of alcoholic beverages to the transferee.
(d) Sales to Enforce Warehouseman's Lien. A
				warehouseman, making a sale of alcoholic beverages to enforce a lien acquired
				under the Warehouse Receipts Act, shall sell distilled spirits only to
				distilled spirits manufacturers, manufacturers' agents, rectifiers and
				wholesalers, and shall sell beer and wine only to beer manufacturers and
				importers and to wine growers and importers. Written notice of sale shall be
				given the department at least one week in advance of sale.
(e) Insurers and Common Carriers. Any insurer
				which has insured the licensee against loss or damage to alcoholic beverages of
				the licensee, or any common carrier acting as an insurer for losses to persons
				shipping alcoholic beverages may apply to the Sacramento office of the
				department for permission to sell alcoholic beverages of such licensee, or
				other person shipping alcoholic beverages which have been damaged by fire or
				otherwise. The application shall be in writing in triplicate and shall state
				the name of the licensee or other person whose alcoholic beverages have been
				damaged, the quantity of the alcoholic beverages damaged and which are to be
				sold, the location of the alcoholic beverages, and the name of the licensee to
				whom the sale is to be made. Applications by common carriers shall also show
				the name of the shipper of alcoholic beverages, point of origin of the
				shipment, and the consignee.
Any insurer or common carrier acting as an insurer shall,
				  before completing a sale of damaged malt beverages to any other type of
				  licensee, offer the merchandise back to the manufacturer who produced it if
				  that manufacturer is a California licensee or to the importer of the
				  merchandise involved if the manufacturer is not licensed in California. If such
				  California manufacturer or importer meets the highest price offered for the
				  merchandise by any other type of licensee within ten days of notification by
				  the insurer of the highest offer, the sale of the damaged malt beverages shall
				  be made to said manufacturer or importer rather than to the other
				  licensee.
(f) Sales by
				Executors or Administrators. An executor or administrator of the estate of a
				deceased person who was not a licensee at the time of his death may apply to a
				district office of the department in writing for permission to sell alcoholic
				beverages under Section
				23104.4
				of the Business and Professions Code. The application shall be in triplicate
				and shall state the quantity, brand, and type of alcoholic beverages to be
				sold. The district supervisor may, in writing, grant permission to make the
				sale of alcoholic beverages to a licensee authorized to sell such alcoholic
				beverages, such sale to be made at any time within 10 days from the date of
				granting approval.
1. Amendment
				  of subsection (c) filed 12-6-68; designated effective 1-8-69 (Register 68, No.
				  46). For prior history, see Register 64, No. 8.
2. Amendment of
				  subsection (c) filed 2-8-72; designated effective 3-10-72 (Register 72, No.
				  7).
3. Amendment of subsection (f) filed 2-2-77; designated
				  effective 3-7-77 (Register 77, No. 6).
4. Repealer of subsection (d)
				  and relettering of former subsections (e)-(g) to subsections (d)-(f) filed
				  6-4-84; effective thirtieth day thereafter (Register 84, No. 23).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code. Reference: Section
					 23381,
					 Business and Professions Code.