reglab/statecodes huggingface dataset:
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 2 - Records › Section 7 - Retail Distilled Spirits Licensees: Records. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 11-16-67; effective thirtieth day thereafter (Register 67, No. 46). For
				  prior history, see Register 64, No. 8.
2. Amendment filed 8-6-70;
				  designated effective 9-8-70 (Register 70, No. 32).
3. Repealer of
				  NOTE and new NOTE filed 6-17-77; effective thirtieth day thereafter (Register
				  77, No. 25).
4. Repealer filed 6-4-84; effective thirtieth day
				  thereafter (Register 84, No. 23).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code. Reference: Sections
					 23334
					 and
					 25752,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 2 - Records › Section 8 - Common Carriers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Definition. For the purposes of Section
				23661 of the Alcoholic Beverage
				Control Act, "common carriers" are steamship companies and railroads, or any
				persons who hold themselves out to the general public to transport in
				interstate or foreign commerce any class or classes of passengers or property,
				or both, for compensation by air or highway, who actually engage in such
				transportation, and who hold an interstate alcoholic beverage transporter's
				permit as required by Section
				32109
				of the Revenue and Taxation Code.
Persons who transport only property owned or consigned to
				  themselves shall not be deemed to be common carriers within the meaning of this
				  section.
(b) Receipts and
				Delivery Reports.
Licensed importers and customs brokers shall furnish common
				  carrier and holders of interstate alcoholic beverage transporter's permits,
				  transporting alcoholic beverages into this State from without this State for
				  delivery or use within this State, a receipt for the alcoholic beverages so
				  transported and delivered. This receipt must show the following
				  information:
Name of the shipper, point of origin, name of importer or
				  customs broker to whom delivery is made, place of delivery, name of carrier
				  making delivery, a complete description of the shipment, and the number of the
				  waybill covering the shipments. In the case of rail shipments, the receipt
				  shall show also the car number and in the case of water shipments, the receipt
				  shall show also the name of the vessel and the number of the steamship bill of
				  lading.
A copy of the freight bill or other shipping document
				  containing all of this information shall be deemed to be compliance with this
				  requirement. A copy of such receipt must be retained by the importer or customs
				  broker to whom delivery is made. With respect to pool shipments in which more
				  than one licensed importer or customs broker participates, each participating
				  importer or customs broker shall retain a copy of the receipt.
1. New section
				  filed 4-4-58; designated effective 5-15-58 (Register 58, No. 6).
Note: Authority cited: Sections
					 23661,
					 25750
					 and
					 25752,
					 Business and Professions Code; Section
					 22, Article XX, California
					 Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 2 - Records › Section 9 - Winegrower's or Wine Blender's Annual Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every licensed winegrower or wine blender shall report to the
				  Department of Alcoholic Beverage Control his total gallonage of wine produced
				  or blended for the 12-month period ending June 30th of each year. Such report
				  shall be submitted before August 1st of each year on departmental Form
				  ABC-261.
1. New section
				  filed 4-4-58; designated effective 5-15-58 (Register 58, No. 6).
2.
				  Amendment filed 11-16-67; effective thirtieth day thereafter (Register 67, No.
				  46).
Note: Authority cited: Sections
					 23320,
					 23327,
					 25750
					 and
					 25752,
					 Business and Professions Code; Section
					 22, Article XX, California
					 Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 2 - Records › Section 10 - Beer Wholesalers' Records. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 11-16-67; effective thirtieth day thereafter (Register 67, No.
				  46).
2. Repealer filed 6-4-84; effective thirtieth day thereafter
				  (Register 84, No. 23).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 2 - Records › Section 12 - Beer and Wine. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Originally
				  published 3-22-45 (Title 4).
2. Amendment filed 11-15-45 as an
				  emergency (Register 2).
3. Amendment filed 10-18-49 as an emergency
				  designated to be effective 11-1-49 (Register 18, No. 3).
4. Repealer
				  filed 3-18-55; effective thirtieth day thereafter (Register 55, No. 4).
Note: Additional authority cited for amendment filed
					 10-18-49: Section
					 22, Article XX, California
					 Constitution and Section
					 38 a, Alcoholic Beverage Control
					 Act. Additional authority cited for repealer filed 3-18-55: Sections
					 24432,
					 25750
					 and
					 25752,
					 Business and Professions Code. Issuing agency: State Board of
					 Equalization.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 2 - Records › Section 14 - Beer Sold to Instrumentalities of the Armed Forces. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 6-15-51 as an emergency; effective upon filing (Register 24, No.
				  5).
2. Amendment filed 9-25-53 as an emergency; designated effective
				  10-1-53 (Register 53, No. 17).
3. Repealer filed 3-18-55; effective
				  thirtieth day thereafter (Register 55, No. 4).
Note: Authority cited: Sections
					 6 a, 38 and 38a of the Alcoholic
					 Beverage Control Act. Additional authority cited, Sections
					 24440
					 and
					 25750,
					 Business and Professions Code. Additional authority cited for repealer filed
					 3-18-55: Section
					 25752,
					 Business and Professions Code. Issuing agency: State Board of
					 Equalization.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 4 - Invoices › Section 17 - Contents of Sales Invoices and Retail Delivery Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every
				sale or delivery of alcoholic beverages, except beer, from one licensee to
				another licensee must be recorded on a sales invoice, whether or not
				consideration is involved. Invoices covering the sale or purchase of alcoholic
				beverages must be filed in such manner as to be readily accessible for
				examination by employees of the department and shall not be commingled with
				invoices covering only commodities other than alcoholic beverages.
Each sales invoice shall have printed thereon the name and
				  address of the seller and shall show the following information:
(1) Name and address of the purchaser. The
				name of the purchaser may be shown as the name of the licensee or the trade
				name under which the purchaser operates, or both the name of said licensee and
				the trade name under which he operates. When the trade name only of said
				licensee is used on the invoice, the vendor shall keep a record on his licensed
				premises showing the name of the licensee as set forth on the license
				certificate issued by the department.
Any licensee who is authorized to sell and who does sell to
				  another licensee shall keep a record showing the name or names of the person or
				  persons to whom the license of the purchasing licensee is issued. These records
				  shall be kept for a period of three years.
(2) Date of sale and invoice
				number.
(3) Kind, quantity, size,
				and capacity of packages of alcoholic beverages sold.
(4) The cost to the purchaser, together with
				any discount which at any time is to be given on or from the price as shown on
				the invoice.
(5) The place from
				which delivery of the alcoholic beverages was made unless delivery was made
				from the premises of the licensee or from a public warehouse located in the
				same county.
(6) Invoices covering
				sales of distilled spirits by distilled spirits taxpayers to other distilled
				spirits taxpayers shall show, in addition to the above, the total number of
				wine gallons covered by the invoice.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 4 - Invoices › Section 18 - Return of Distilled Spirits by Retailer; Application for Approval by Department; Exceptions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 10-2-56; designated effective 12-1-56 (Register 56, No.
				  19).
2. Amendment filed 8-10-73; designated effective 9-12-73
				  (Register 73, No. 32).
3. Repealer of NOTE and new NOTE filed
				  6-17-77; effective thirtieth day thereafter (Register 77, No.
				  25).
4. Repealer filed 6-4-84; effective thirtieth day thereafter
				  (Register 84, No. 23).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code. Reference: Sections
					 23104.3
					 and
					 25503,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 4 - Invoices › Section 19 - Return of Wine by Retailer; Application for Approval by Department; Records. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-6-68; designated effective 1-8-69 (Register 68, No. 46).
2.
				  Repealer filed 11-6-96; operative 12-6-96 (Register 96, No. 45).
Note: Authority cited: Sections
					 24879,
					 24881,
					 25750
					 and
					 25752,
					 Business and Professions Code and Section
					 22, Article XX, California
					 Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 5 - Inventories › Section 27 - Retail Store-Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Retail store" means premises which hold only an off-sale
				  beer and wine or an off-sale general license. Premises may be licensed as a
				  retail store provided the licensee at such premises complies with the following
				  provisions:
(a) Alcoholic beverages
				shall be sold only in the original package for consumption off the
				premises.
(b) Alcoholic beverages
				offered for sale shall be displayed and available for convenient inspection and
				purchase by the general public. The licensee shall not refuse to sell, for
				immediate delivery, to qualified purchasers any item of alcoholic beverages on
				display for sale.
(c) All alcoholic
				beverages sold shall be delivered from the licensed premises, and shall not be
				delivered from a supply of alcoholic beverages stored off the licensed
				premises.
(d) The licensee may
				accept telephone orders for the purchase of alcoholic beverages only during the
				hours in which the retail store is open to the general public.
1. New section
				  filed 8-16-72; designated effective 9-20-72 (Register 72, No. 34). For history
				  of former section, see Register 57, No. 7.
Note: Authority cited: Sections
					 23025,
					 23300,
					 23355,
					 23393,
					 and
					 23394,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 5 - Inventories › Section 28 - Distilled Spirits Wholesalers: Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No distilled spirits wholesaler's license shall be held by
				  any person who does not meet the following qualifications in connection with
				  his premises licensed as his principal place of business:
(a) Maintains warehouse space either owned or
				leased by him or dedicated to his use in a public warehouse and such space is
				sufficient to store at one time either
(1) A
				stock of distilled spirits equal to 10 percent or more of his annual case
				volume of distilled spirits sales to retailers within this State, or,
(2) A stock of distilled spirits whose cost
				of acquisition is one hundred thousand dollars or more.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 5 - Inventories › Section 28.1 - Distilled Spirits Rectifier-Qualifications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 4-13-73; designated effective 5-18-73 (Register 73, No. 15). For prior
				  history, See Register 72, No. 34.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 5 - Inventories › Section 29 - Storage by Retailer on Wholesaler's Premises. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 10-2-56; designated effective 12-1-56 (Register 56, No.
				  19).
2. Amendment to NOTE filed 6-18-77; effective thirtieth day
				  thereafter (Register 77, No. 25).
3. Repealer filed 6-4-84;
				  effective thirtieth day thereafter (Register 84, No. 23).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 6 - Reports [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				article 6 (sections
				30-32) filed 11-6-96; operative
				12-6-96 (Register 96, No. 45). For prior history, see Register 84, No.
				23.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 7 - Losses and Allowances [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				article 7 (sections
				35-36) filed 6-4-84; operative
				7-5-84 (Register 84, No. 23). For prior history, see Register 73, No.
				29.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 8 - Classification of Particular Beverages [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				article 8 (section
				49) filed 6-4-84; operative 7-5-84
				(Register 84, No. 23). For prior history, see Register 45, No. 2.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 9 - Samples › Section 52 - Restrictions on Giving

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Samples.
(1) Samples of alcoholic beverages
				may be given only to licensees or employees or agents of licensees who are
				eligible to purchase alcoholic beverages of the kind given as samples, and
				samples may be given only to licensees who have not previously purchased the
				particular product, or to their employees or agents, for the sole purpose of
				permitting them to determine the grade, type, and quality of the alcoholic
				beverages.
(2) Such samples shall
				not exceed in quantity the following: wine, one quart or one liter when
				bottled; beer, one bottle or can opened on the premises of the licensee; and
				distilled spirits, 500 milliliters, or in the smallest size regularly marketed
				where the brand is not bottled in 500 milliliters, containers. The limit herein
				stated as to wine samples shall not apply to bulk samples submitted for
				processing purposes.
(3) Only one
				sample of each grade, type, or quality shall be given at any one time as to
				wine and distilled spirits.
(4)
				Each sample of distilled spirits and wine shall have stamped on its brand label
				the words: "Sample--not for sale," in letters not less than one-fourth inch in
				height.
(5) A distilled spirits
				manufacturer, distilled spirits manufacturer's agent, or rectifier may supply
				such samples to his own salesmen or to the salesmen of a licensed
				wholesaler.
(6) Licensees who are
				authorized to give away samples of any type of alcoholic beverage shall keep a
				record of all samples so given away. Such record shall be completed within
				seven calendar days following removal from stock, or from the licensed
				premises, and the record shall state: the brand, type of alcoholic beverage and
				size of the sample package; the name of the salesman who removes the sample
				package and the date of such removal; the name of the licensee to whom any
				sample is given, together with the brand, type of alcoholic beverage, and
				quantity thereof, and the date the sample is given. Such records of samples
				shall be retained for a period of three years.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 9 - Samples › Section 53 - Samples Used in Winetastings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A winetasting is a presentation of samples of one or more
				  wines, representing one or more wineries or industry labels, to a group of
				  consumers for the purpose of acquainting the tasters with the characteristics
				  of the wine or wines tasted.
Licensees may engage in winetasting activities only as set
				  forth in statute and this rule. In addition to furnishing wines as provided
				  herein, licensees may supply small amounts of bread, crackers, cheeses or nuts
				  to clear the taste buds of the participants between successive samples of wine
				  during a winetasting.
(a) Winetastings
				Sponsored by Winegrowers and Wine Blenders.
(1) Winetastings may be conducted without
				charge or for a fee for the public on a premises licensed with a winegrower's
				license, duplicate winegrower's license, or California winegrower's agent's
				license, and on a premises licensed on or before February 2, 1968, with a wine
				blender's license, provided, however, that no winetasting shall be held on that
				portion of a winegrower's or duplicate winegrower's premises which is licensed
				with a retail license.
(2) Wine
				blenders, licensed on or before February 2, 1968, winegrowers, and California
				winegrower's agents may conduct winetastings at unlicensed premises, provided,
				however, that the tasting shall be only by invitation of the wine blender,
				winegrower, or California winegrower's agent involved; that there shall be no
				charge or donation made either for the wine served or for admission to the
				premises; and that the premises shall not be open to the general public during
				the time that wine is served, consumed, or otherwise disposed of. Only wine
				which was produced or bottled by such winegrower, or was produced or bottled by
				the principal of such California winegrower's agent, or was bottled by such
				wine blender, or was produced and bottled for such winegrower, for the
				principal of such California winegrower's agent, or for such wine blender may
				be offered for tastings off a licensed premises. All wine which is not consumed
				at the tasting shall be retained by the licensee conducting the
				tasting.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 9 - Samples › Section 53.5 - Samples Used in Beer Tastings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A beer tasting is a presentation of samples of one or more
				  beers, representing one or more beer manufacturers or industry labels, to a
				  group of consumers for the purpose of acquainting the tasters with the
				  characteristics of the beer or beers tasted.
Licensees may engage in beer tasting activities only as set
				  forth in this rule. In addition to furnishing beers as provided herein,
				  licensees may supply small amounts of bread, crackers, pretzels, cheeses or
				  nuts to clear the taste buds of the participants between successive samples of
				  beer during a beer tasting.
(a) Beer
				tastings Sponsored by Beer Manufacturer Licensees. Beer tastings may be
				conducted without charge or for a fee for the public on a premises licensed
				with a beer manufacturer's license or duplicate beer manufacturer's license,
				provided, however, that no beer tasting shall be held on that portion of a beer
				manufacturer's or duplicate beer manufacturer's premises which is licensed with
				a retail license. Beer may be offered for tastings by such licensees as
				follows:
(1) Only beer which was produced or
				bottled by the beer manufacturer or was produced and bottled for such beer
				manufacturer may be offered for tastings by such beer
				manufacturer.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 55 - On-Sale General License for Seasonal Business. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
				  subsection (e) filed 1-12-79 as an emergency; effective upon filing (Register
				  79, No. 2). For prior history, see Registers 63, No. 19; 73, No. 29; 73, No.
				  32; 77, No. 25; and 78, No. 14.
2. Certificate of Compliance filed
				  4-4-79 (Register 79, No. 14).
3. Repealer filed 11-6-96; operative
				  12-6-96 (Register 96, No. 45).
Note: Authority cited: Sections
					 23820
					 and
					 25750,
					 Business and Professions Code; Section
					 22, Article XX, California
					 Constitution. Reference: Sections
					 23038,
					 23320,
					 23396,
					 23399,
					 23826.8,
					 24040,
					 24042,
					 24044,
					 24045,
					 24048,
					 24048.1,
					 24048.2,
					 24070,
					 24070.1,
					 24071,
					 24072,
					 24073-
					 24076
					 and
					 24082,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 55.5 - On-Sale Licenses for Boats

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Pursuant to Business and Professions Code sections
				23321.6,
				subject to the statutory conditions, the Department may issue all the
				following:
(1) an on-sale beer fishing party
				boat license, type 44;
(2) an
				on-sale beer and wine boat license, type 45; and
(3) an on-sale general boat license, type
				54.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 56 - On-Sale Beer License for Seasonal Business. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
				  subsection (e) filed 2-2-77; designated effective 3-7-77 (Register 77, No. 6).
				  For prior history, see Register 58, No. 6.
2. Repealer filed
				  11-6-96; operative 12-6-96 (Register 96, No. 45).
Note: Authority cited: Sections
					 23322,
					 23357,
					 23378,
					 23388,
					 23389,
					 23396
					 and
					 25750,
					 Business and Professions Code; Section
					 22, Article XX, California
					 Constitution. Reference: Division 9 (Chapters 1-17), Business and Professions
					 Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 57 - Fingerprinting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every person who has management responsibilities or who has
				  an ownership or financial interest in a licensed business, or a business to be
				  licensed, shall at the request of the department be fingerprinted if they have
				  not heretofore been so fingerprinted.
This requirement shall apply to all licensees and their
				  spouses, applicants for licenses and their spouses, and in the case of
				  corporations, to any person or persons and their spouses who own or control 10%
				  or more of the corporate stock, the managing officers of the corporation, the
				  chairman of the Board of Directors and a majority of the Board of
				  Directors.
The provisions of this rule shall not apply to any bank or
				  other financial institution whose financial interest constitutes a loan rather
				  than an ownership interest.
1. Amendment
				  filed 2-2-77; designated effective 3-7-77 (Register 77, No. 6). For prior
				  history, see Register 58, No. 6.
Note: Authority cited: Sections
					 23950,
					 23958
					 and
					 25750,
					 Business and Professions Code; Section
					 22, Article XX, California
					 Constitution. Reference: Division 9 (Chapters 1-17), Business and Professions
					 Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 57.5 - Manager Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person to whom a licensee has delegated discretionary
				  powers to organize, direct, carry on or control the operations of a licensed
				  business shall be deemed the manager thereof for purposes of applying Section
				  23788.5 of the Alcoholic Beverage
				  Control Act. Authority to control one or more of the following functions shall
				  be prima facie evidence that such a person is the manager of the licensed
				  business:
(a) To hire or separate
				employees.
(b) To contract for the
				purchase of furniture, equipment or supplies other than the occasional
				replenishment of stock.
(c) To
				disburse funds of the licensed business other than for the receipt of regularly
				replaced items of stock.
(d) To
				make, or participate in making, policy decisions relative to operations of the
				licensed business.
1. New section
				  filed 10-25-63; effective thirtieth day thereafter (Register 63, No.
				  19).
2. Editorial correction to NOTE filed 6-17-77; effective
				  thirtieth day thereafter (Register 77, No. 25).
Note: Authority cited: Sections
					 23001,
					 23788.5,
					 24200,
					 and
					 25750,
					 Business and Professions Code; Section
					 22, Article XX, California
					 Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 58 - Applications by Married Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where a
				business is the community property of husband and wife, an alcoholic beverage
				license may be issued or held either:
(1) In
				the name of both husband and wife; or
(2) In the name of either spouse, if it can
				be demonstrated by evidence satisfactory to the department that the unlicensed
				spouse is qualified and cannot participate in the operation of the business for
				reasons including, but not limited to, the following:
(A) Physical disability;
(B) Absence from the State for a prolonged
				period.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 59 - Temporary Beer or Wine Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				temporary beer license and/or a temporary wine license may be issued to a
				person making application therefor on behalf of an existing nonprofit
				organization, including a charitable, civic, cultural, fraternal, patriotic,
				political, religious, social or amateur sports organization, for the following
				purposes:
(1) sales to members or guests of
				members of the organization at the site of and during an organized picnic,
				social gathering, or similar function of the organization; or
(2) sales to the general public from a
				premises temporarily occupied at the site of and during a county fair, civic
				celebration or similar event, or at a designated premises and during a
				fund-raising event sponsored by a nonprofit charitable, civic, cultural,
				fraternal, patriotic, political, religious, or amateur sports
				organization.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 59.1 - Temporary off-Sale Beer and Wine Licenses. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 10-19-62 as an emergency; effective upon filing (Register 62, No.
				  22).
2. Certificate of Compliance--Section
				  11422.1,
				  Government Code, filed 11-27-62 (Register 62, No. 24).
3. Repealer
				  filed 9-17-65 as an emergency; effective upon filing (Register 65, No.
				  17).
4. Certificate of Compliance--Section
				  11422.1,
				  Government Code, filed 11-2-65 (Register 65, No. 21).
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 60.1 - Club Licenses. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-4-58; designated effective 5-15-58 (Register 58, No. 6).
2.
				  Amendment filed 8-28-61; designated effective 10-1-61 (Register 61, No.
				  17).
3. Amendment filed 7-13-62; designated effective 8-15-62
				  (Register 62, No. 14).
4. Repealer filed 6-4-84; effective thirtieth
				  day thereafter (Register 84, No. 23).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 60.2 - Exchange of on-Sale General License for Public Premises

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No on-sale general license shall be exchanged for a public
				  premises license for a period of two years from the date of the original
				  issuance of the license, or two years from the date of transfer county to
				  county, unless the applicant can show that substantial public demand cannot
				  otherwise be satisfied.
1. New section
				  filed 12-6-68; designated effective 1-8-69 (Register 68, No. 46). For prior
				  history, see Register 67, No. 46.
2. Amendment filed 9-23-71;
				  designated effective 10-26-71 (Register 71, No. 39).
3. Amendment
				  filed 2-8-72; designated effective 3-10-72 (Register 72, No. 7).
4.
				  Amendment filed 5-7-74; designated effective 6-10-74 (Register 74, No.
				  19).
Note: Authority cited: Sections
					 23793
					 and
					 25750,
					 Business and Professions Code and Section
					 22, Article XX, California
					 Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 60.3 - Applications and Contracts to Transfer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 7-13-62; designated effective 8-15-62 (Register 62, No.
				  14).
2. Amendment filed 10-25-63; effective thirtieth day thereafter
				  (Register 63, No. 19).
3. Amendment filed 11-16-67; effective
				  thirtieth day thereafter (Register 67, No. 46).
4. Repealer filed
				  6-4-84; effective thirtieth day thereafter (Register 84, No. 23).
Note: Additional authority cited: Section
					 25750,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 60.4 - Off-Sale General License on off-Sale Beer and Wine Premises

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An off-sale general license may be issued for a designated
				  portion of a premises licensed with an off-sale beer and wine license when all
				  the following conditions are met:
(a)
				The portion of the premises where the privileges of the off-sale general
				license are to be exercised shall be for the exclusive use of the off-sale
				general licensee, and shall be specified by metes and bounds and be distinctly
				separated from that portion of the premises where the privileges of the
				off-sale beer and wine license are exercised.
(b) The sale and delivery of alcoholic
				beverages under the off-sale general license shall be completed within the area
				defined and specified pursuant to paragraph (a) of this rule, and shall be made
				by the holder of the off-sale general license or his employees. Such employees
				shall be in the exclusive employ of the holder of the off-sale general licensee
				and shall not be employees of the off-sale beer and wine licensee. The holder
				of the off-sale general license shall possess and exercise the exclusive right
				to hire, supervise, and discharge such employees.
(c) The sale and delivery of alcoholic
				beverages under the off-sale beer and wine license shall be completed within
				the area of the premises other than that defined and specified pursuant to
				paragraph (a) of this rule, and shall be made by the holder of the off-sale
				beer and wine license or his employees. Such employees shall be in the
				exclusive employ of the holder of the off-sale beer and wine license and shall
				not be employees of the off-sale general licensee. The holder of the off-sale
				beer and wine license shall possess and exercise the exclusive right to hire,
				supervise, and discharge such employees.
(d) The off-sale beer and wine licensee and
				the off-sale general licensee shall each obtain and operate under separate
				appropriate business licenses, sales tax permits, and other such licenses and
				permits, and shall each keep and maintain separate records of inventory and
				sales, and records as required by Rule 17.
1. New section
				  filed 11-16-67; effective thirtieth day thereafter (Register 67, No.
				  46).
Note: Authority cited: Secs.
					 23300,
					 23355,
					 24040,
					 24041.5 and
					 25750, Business and Professions
					 Code; Sec. 22, Art. XX, Calif.
					 Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 61 - License Limitations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  of subsection (a) filed 12-6-68; designated effective 1-8-69 (Register 68, No.
				  46). For prior history, see Register 65, No. 18.
2. Repealer of
				  subsection (b) filed 2-8-72; designated effective 3-10-72 (Register 72, No.
				  7).
3. Repealer of NOTE and new NOTE filed 6-1-77; effective
				  thirtieth day thereafter (Register 77, No. 25).
4. Amendment filed
				  4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
5.
				  Repealer filed 6-4-84; effective thirtieth day thereafter (Register 84, No.
				  23).
Note: Authority cited: Sections
					 23820
					 and
					 25750,
					 Business and Professions Code. Reference: Sections
					 23815,
					 23818
					 and
					 23958,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 61.1 - Priority Drawings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 2-4-69 as an emergency; effective upon filing (Register 69, No. 6). For
				  former section history, see Register 67, No. 46.
2. Certificate of
				  Compliance--Section
				  11422.1,
				  Gov. Code, filed 4-14-69 (Register 69, No. 16).
3. Amendment filed
				  4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
4.
				  Repealer filed 6-4-84; effective thirtieth day thereafter (Register 84, No.
				  23).
Note: Authority cited: Sections
					 23820
					 and
					 25750,
					 Business and Professions Code and Section
					 22 of Article XX, California
					 Constitution. Reference: Section
					 23815,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 61.2 - Restrictions on Government-Owned Premises. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-18-62; designated effective 5-21-62 (Register 62, No. 8). For history
				  of former Section
				  61.2, see Register 61, No.
				  20.
2. Repealer filed 6-4-84; effective thirtieth day thereafter
				  (Register 84, No. 23).
Note: Authority cited: Sections
					 23824
					 and
					 25750,
					 Business and Professions Code, and Section
					 22 of Article XX of the California
					 Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 61.3 - Undue Concentration. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32). For
				  history of former section, see Register 61, No. 20.
2. Amendment
				  filed 4-4-79 as an emergency; effective upon filing (Register 79, No.
				  14).
3. Certificate of Compliance filed 6-29-79 (Register 79, No.
				  26).
4. Amendment filed 6-29-79; effective thirtieth day thereafter
				  (Register 79, No. 26).
5. Change without regulatory effect amending
				  section pursuant to section
				  100, title 1, California Code of
				  Regulations filed 2-28-91 (Register 91, No. 13).
6. Change without
				  regulatory effect repealing section filed 5-15-2012 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2012, No. 20).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code and Section
					 22 of Article XX, California
					 Constitution. Reference: Section
					 23958,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 61.4 - Proximity to Residences

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No original issuance of a retail license or
				  premises-to-premises transfer of a retail license shall be approved for
				  premises at which either of the following conditions exist:
(a) The premises are located within 100 feet
				of a residence.
(b) The parking lot
				or parking area which is maintained for the benefit of patrons of the premises,
				or operated in conjunction with the premises, is located within 100 feet of a
				residence. Where the parking lot is maintained for the benefit of patrons of
				multiple businesses in the vicinity of the premises, the parking area
				considered for the purpose of this rule shall be determined by the area
				necessary to comply with the off-street parking requirements as mandated by the
				local ordinance, or if there are no local requirements for off-street parking,
				then the area which would reasonably be necessary to accommodate the
				anticipated parking needs of the premises, taking into consideration the type
				business and operation contemplated.
Distances provided for in this rule shall be measured by
				  airline from the closest edge of any residential structure to the closest edge
				  of the premises or the closest edge of the parking lot or parking area, as
				  defined herein above, whichever distance is shorter.
This rule does not apply where the premises have been
				  licensed and operated with the same type license within 90 days of the
				  application.
Notwithstanding the provisions of this rule, the department
				  may issue an original retail license or transfer a retail license
				  premises-to-premises where the applicant establishes that the operation of the
				  business would not interfere with the quiet enjoyment of the property by
				  residents.
1. New section
				  filed 8-1-77; effective thirtieth day thereafter (Register 77, No. 32). For
				  history of former section, see Register 61, No. 20.
2. Amendment
				  filed 6-27-79 as an emergency; effective upon filing (Register 79, No.
				  26).
3. Certificate of Compliance filed 10-25-79 (Register 79, No.
				  43).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code; Section
					 22, Article XX, California
					 Constitution. Reference: Section
					 23958,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 61.5 - Off-Sale General License Restriction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No original off-sale general license shall be issued to any
				  premises for which an on-sale license is issued, except that the department may
				  issue an off-sale general license to premises licensed under an on-sale general
				  license if it is satisfied that the on-sale business and the off-sale business
				  are to be physically separated and operated independently of each other and the
				  privileges thereby granted are to be fully exercised in a bona fide manner.
				  Subject to the provisions of Section
				  24044 of the Alcoholic Beverage
				  Control Act, and Rule 65 of these regulations, no off-sale general license
				  shall be held by any person who does not, in good faith, exercise the
				  privileges granted thereby at the licensed premises.
1. Repealer of
				  NOTE and new NOTE filed 6-1-77; effective thirtieth day thereafter (Register
				  77, No. 25). For prior history, see Register 61, No. 14; 61, No. 20; 63, No.
				  19.
Note: Authority cited: Section
					 25750,
					 Business and Professions Code; Section
					 22, Article XX, California
					 Constitution. Reference: Sections
					 23300,
					 23320,
					 23355,
					 23394,
					 23401
					 and
					 24040,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 62 - Law Enforcement Personnel Not to Hold Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No license authorized by the Alcoholic Beverage Control Act
				  shall be held by, or issued or transferred to, any person holding office in, or
				  employed by, any agency of the State of California or any of its political
				  subdivisions when the duties of such person have to do with the enforcement of
				  the Alcoholic Beverage Control Act or any other penal provisions of law of this
				  State prohibiting or regulating the sale, use, possession or manufacture of
				  alcoholic beverages. This rule is deemed to apply specifically, but without
				  limiting its effect, to any persons employed in the Department of Justice of
				  the State of California, in any district attorney's office, in any sheriff's
				  office, in any local police department, or in the Department of Alcoholic
				  Beverage Control. This rule shall not prohibit the ownership of any license
				  interest by any local law enforcement officer or local reserve law enforcement
				  officer where the licensed premises are located in a county other than that in
				  which he is employed as a law enforcement officer.
This rule shall apply to any person mentioned herein who has
				  any ownership interest, directly or indirectly, in any business to be operated
				  or conducted under an alcoholic beverage license.
The provisions of this rule shall not apply to the ownership
				  of any stock of a corporation the stock of which is listed on a stock exchange,
				  or to the ownership of any stock of a bank, trust company, financial
				  institution or title company to which a license is issued in a fiduciary
				  capacity. This rule shall not apply to any person who holds a license in the
				  capacity of executor, administrator or guardian. This rule shall not apply to a
				  peace officers association qualifying for a club license pursuant to Section
				  23428.10 of the Alcoholic Beverage
				  Control Act.
1. Amendment
				  filed 2-2-77; designated effective 3-7-77 (Register 77, No. 6). For prior
				  history, see Register 62, No. 21.
2. Amendment filed 4-4-78;
				  effective thirtieth day thereafter (Register 78, No. 14).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code; Section
					 22, Article XX, California
					 Constitution. Reference: Section
					 23428.10,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 63 - License Reinstatement After Automatic Revocation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Originally
				  published 3-22-45 (Title 4).
2. Amendment filed 12-19-45 (Register
				  3).
3. Amendment filed 9-13-57 as an emergency; effective upon
				  filing (Register 57, No. 15).
4. Amendment filed 8-31-65; effective
				  thirtieth day thereafter (Register 65, No. 16).
5. Repealer filed
				  11-6-96; operative 12-6-96 (Register 96, No. 45).
Note: Authority cited: Article XX, Section
					 22, California Constitution and
					 Sections
					 25750,
					 24048.1
					 and
					 24048.3,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 11 - Applications and Licenses › Section 64 - Premises Under Construction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No new
				and original license for the retail sale of alcoholic beverages shall be issued
				to premises which are in the process of construction until said premises are
				complete and ready for operation.
(b) A license may be transferred to a person
				who has premises under construction, and the certificate shall be held by the
				department until the construction of the premises is complete and ready for
				operation. No license transferred pursuant to this rule shall be retransferred
				prior to being placed into operation at the premises for which issued, except
				for undue hardship arising from causes beyond his control.
(c) The approved expected completion date on
				both pending applications filed pursuant to Section
				24044 of the Alcoholic Beverage
				Control Act and licenses transferred and held under this section shall not be
				extended for more than six months, unless the department determines that the
				delay in construction is beyond control of the applicant or licensee. If good
				cause for delay does not exist, the application will be denied or the license
				will be cancelled.
1. New section
				  filed 9-22-54; effective thirtieth day thereafter (Register 54, No. 20). For
				  history of former section, see Register 53, No. 4.
2. Amendment
				  filed 7-12-61; effective thirtieth day thereafter (Register 61, No.
				  14).
3. Amendment filed 7-13-62; designated effective 8-15-62
				  (Register 62, No. 14).
Note: Authority cited: Sections
					 23957,
					 23985,
					 24044,
					 24070
					 and
					 25750,
					 Business and Professions Code; Section
					 22 of Article XX of the California
					 Constitution.