This law section officially names the group of laws that regulate alcohol in California as the 'Alcoholic Beverage Control Act.'
This division shall be known and may be cited as the “Alcoholic Beverage Control Act.”
Alcoholic Beverage Control Act alcohol regulation California alcohol laws beverage control alcohol policy liquor law state alcohol regulations California beverage act alcohol governance state beverage control
(Added by Stats. 1953, Ch. 152.)
This law is a part of California's effort to use its authority to protect public safety and well-being by overseeing alcohol-related activities. The goal is to stop unlicensed and illegal production and sale of alcohol, and to encourage responsible drinking habits. The law focuses on the importance of these issues for the state's economic, social, and moral health, and should be interpreted in a way that best achieves these aims.
This division is an exercise of the police powers of the State for the protection of the safety, welfare, health, peace, and morals of the people of the State, to eliminate the evils of unlicensed and unlawful manufacture, selling, and disposing of alcoholic beverages, and to promote temperance in the use and consumption of alcoholic beverages. It is hereby declared that the subject matter of this division involves in the highest degree the economic, social, and moral well-being and the safety of the State and of all its people. All provisions of this division shall be liberally construed for the accomplishment of these purposes.
police powers protection alcoholic beverages unlicensed manufacture unlawful selling temperance public welfare social well-being economic safety moral well-being alcohol consumption illegal alcohol public health peace safety
(Added by Stats. 1953, Ch. 152.)
This section explains that if any part of the law is found to be invalid or can't be applied to someone or a certain situation, the rest of the law remains in effect. The law is designed to stand even if some parts are struck down, reflecting the Legislature's intention that the law should still be enforced without those parts.
If any provision of this division or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this division that can be given effect without the invalid portion or application, and to this end the provisions of this division are severable. It is the intent of the Legislature that this division would have been adopted regardless if such invalid provision had not been included or any invalid application had not been made.
severability invalid provision legislative intent division application law enforcement affected provisions circumstances invalidity enforcement without invalid parts application to persons legal effect remainder of the law invalid application legislative purpose
(Added by Stats. 2006, Ch. 910, Sec. 1. Effective January 1, 2007.)
This law section states that unless there's a reason to interpret it differently, the definitions and rules in this chapter should be used to understand and apply the entire division.
Unless the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this division.
context interpretation construction of division definitions and provisions applying rules govern structure reading guidelines legal context understanding application interpretation requirements
(Added by Stats. 1953, Ch. 152.)
This law defines 'alcohol' as ethyl alcohol, also known as spirits of wine, regardless of how it's made.
“Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
ethyl alcohol spirits of wine hydrated oxide of ethyl alcohol definition alcohol composition BPC alcohol substance definition alcohol legal definition production process source of alcohol
(Added by Stats. 1953, Ch. 152.)
This section defines "powdered alcohol" as alcohol that's either sold or prepared in a powder or crystal form for drinking. It can be consumed as-is or by mixing with liquid to make an alcoholic drink. However, this term does not include "vaporized alcohol," which is defined elsewhere.
“Powdered alcohol” means an alcohol prepared or sold in a powder or crystalline form that is used for human consumption
in that form or reconstituted as an alcoholic beverage when mixed with water or any other liquid. “Powdered alcohol” does not include “vaporized alcohol,” as defined in Section 25621.
powdered alcohol alcohol consumption crystalline alcohol reconstituted drink mixing with liquid vaporized alcohol exclusion powder form alcohol crystal form alcohol
(Added by Stats. 2016, Ch. 778, Sec. 1. (SB 819) Effective January 1, 2017.)
This law defines what an 'alcoholic beverage' is. It includes any drink or substance with alcohol, spirits, wine, or beer that has at least 0.5% alcohol by volume. These beverages can be consumed as is or when mixed with something else. However, it specifically excludes 'powdered alcohol.'
“Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. “Alcoholic beverage” does not include “powdered alcohol,” as defined in Section 23003.1.
alcoholic beverage spirits liquor wine beer alcohol content volume beverage purposes diluted mixed powdered alcohol exclusion drinkable solids containing alcohol beverage definition alcohol percentage
(Amended by Stats. 2016, Ch. 778, Sec. 2. (SB 819) Effective January 1, 2017.)
This legal text defines what "distilled spirits" are as alcoholic drinks made by distilling fermented crops. It includes various types like whiskey, rum, and gin, and their mixtures, but it specifically excludes powdered alcohol.
“Distilled spirits” means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof. “Distilled spirits” does not include “powdered alcohol,” as defined in Section 23003.1.
distilled spirits alcoholic beverage distillation fermented agricultural products alcohol for beverage use spirits of wine whiskey rum brandy gin dilutions mixtures powdered alcohol exclusion
(Amended by Stats. 2016, Ch. 778, Sec. 3. (SB 819) Effective January 1, 2017.)
This law defines what counts as 'beer' in California. It includes alcoholic drinks made by fermenting barley, malt, hops, and similar products in water. Types like ale, porter, stout, and lager are all covered. You can also use things like honey, fruit, and spices in brewing beer. Even if beer is aged in barrels that used to hold wine or spirits, it's still just 'beer.' However, sake, which is made from rice, does not count as beer.
“Beer” means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer, but does not include sake, known as Japanese rice wine. Beer may be produced using the following materials as adjuncts in fermentation: honey, fruit, fruit juice, fruit concentrate, herbs, spices,
and other food materials. Beer aged in an empty wooden barrel previously used to contain wine or distilled spirits shall be defined exclusively as “beer” and shall not be considered a dilution or mixture of any other alcoholic beverage.
beer definition fermentation ale porter lager stout barrel aging barley malt hops sake exclusion adjuncts honey in beer fruit in beer spices in beer
(Amended by Stats. 2019, Ch. 60, Sec. 1. (AB 205) Effective January 1, 2020.)
This law defines 'wine' as a beverage made by fermenting grapes or other agricultural products with natural or added sugar. It also covers beverages with added grape or fruit brandy, or distilled spirits from the same agricultural products, but limits them to having no more than 24% alcohol by volume and no more than 15% added flavoring, coloring, or blending materials. It includes drinks like vermouth and sake. Importantly, this definition is specifically for the purpose of this legal section and does not impact any health regulations concerning adulterated or mislabeled alcoholic drinks.
“Wine” means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agricultural product or products of which the wine is made and other rectified wine products and by whatever name and which does not contain more than 15 percent added flavoring, coloring, and blending material and which contains not more than 24 percent of alcohol by volume, and includes vermouth and sake, known as Japanese rice wine.
Nothing contained in this section affects or limits the power, authority, or duty of the State Department of Health Services in the enforcement of the laws directed toward preventing the manufacture, production, sale, or transportation of adulterated, misbranded, or mislabeled alcoholic beverages, and the definition of “wine” contained in this section is limited strictly to the purposes of this division and does not extend to, or repeal by implication, any law preventing the production, manufacture, sale, or transportation of adulterated, misbranded, or mislabeled alcoholic beverages.
wine definition alcoholic fermentation grape brandy fruit brandy spirits of wine vermouth sake alcohol content flavoring limit coloring limit blending material State Department of Health Services adulterated beverages mislabeled alcoholic drinks California wine standards
(Amended by Stats. 1978, Ch. 429.)
This law defines 'person' broadly. It covers not just individuals, but also groups or businesses like companies, partnerships, trusts, and other organizations. It applies whether you're talking about one or many.
“Person” includes any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular number.
individual firm copartnership joint adventure association corporation estate trust business trust receiver syndicate acting as a unit singular and plural group combination
(Added by Stats. 1953, Ch. 152.)
This section defines 'Licensee' as anyone who has a license, permit, certificate, or any form of authorization given by the department.
“Licensee” means any person holding a license, a permit, a certification, or any other authorization issued by the department.
licensee authorization permit certification holder department-issued license permit holder certification holder department authorization
(Amended by Stats. 2004, Ch. 437, Sec. 1. Effective September 9, 2004.)
This law defines the term "taxpayer" as anyone who is required to pay taxes under a specific part of the Revenue and Taxation Code.
“Taxpayer” means a person liable for the payment of a tax pursuant to Part 14 of Division 2 of the Revenue and Taxation Code.
taxpayer definition liable for tax payment of tax Revenue and Taxation Code Part 14 Division 2 tax liability California taxpayer tax obligations taxpayer responsibility tax compliance defined terms tax accountability legal definition of taxpayer person liable for tax taxpayer identification
(Amended by Stats. 1955, Ch. 1842.)
This law defines a "salesman" as a person who asks for or takes orders for alcoholic drinks from someone who has a license.
“Salesman” means any individual who solicits or receives an order for alcoholic beverages from any licensee.
salesman definition alcoholic beverages order solicitation licensee orders alcohol sales soliciting orders beverage sales licensed sellers order receiving alcohol transactions sales representative license holder interaction beverage industry sales activity order processing
(Added by Stats. 1953, Ch. 152.)
This section defines a 'beer manufacturer' as anyone who has the necessary facilities and equipment and is actively involved in making beer to sell.
“Beer manufacturer” means any person that has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of beer.
beer manufacturer commercial manufacture brewing equipment facilities beer production brewery operations commercial brewing brewing facilities beer making beer industry brewing activities equipment for brewing brewery business brewing commercial manufacture of beer
(Amended by Stats. 2013, Ch. 686, Sec. 1. (AB 647) Effective January 1, 2014.)
A "winegrower" is someone with the tools and setup needed to turn grapes, berries, or other fruits into wine, and who is actively making wine.
“Winegrower” means any person who has facilities and equipment for the conversion of grapes, berries, or other fruit into wine and is engaged in the production of wine.
winegrower grapes berries fruit conversion wine production equipment facilities wine making fruit into wine wine industry winemaking process vineyard operator fruit fermentation wine creation California wine law
(Amended by Stats. 2008, Ch. 28, Sec. 1. Effective June 6, 2008.)
This law defines a "wine blender" as someone who runs a bonded wine cellar with a permit from the U.S. government but doesn't have the necessary facilities or equipment to turn fruit into wine and doesn't produce wine on a large scale. However, if a person makes or blends 200 gallons of wine or less each year, they won't be classified as a wine blender under this law.
A “wine blender” is a person authorized to operate a bonded wine cellar pursuant to a permit issued for that purpose under the Internal Revenue Laws of the United States but who does not have facilities or equipment for the conversion of grapes, berries or other fruit into wine and does not engage in the production of wine in commercial quantities, provided that any person who produces or blends not to exceed 200 gallons of wine per year shall not, because of such production or blending, be considered a wine blender within the meaning of this division.
wine blender bonded wine cellar Internal Revenue Laws conversion of grapes fruit into wine commercial wine production 200 gallons limit production exemption wine blending United States permit
(Added by Stats. 1965, Ch. 499.)
This law defines a "brandy manufacturer" as someone who makes brandy and no other types of distilled spirits.
“Brandy manufacturer” means any person engaged in the manufacture of brandy only and not in the manufacture of any other distilled spirits.
brandy manufacturer distilled spirits production brandy production distillation alcohol production alcohol manufacturing brandy only exclusive production distillery brandy making process
(Added by Stats. 1953, Ch. 152.)
A 'distilled spirits manufacturer' is someone who makes spirits from fermented materials, but it doesn't include a wine producer who makes spirits of wine. These spirits must be mixed with their wine, sold to certain dealers or manufacturers, or destroyed to not be considered a distilled spirits manufacturer.
“Distilled spirits manufacturer” means a person who produces distilled spirits from naturally fermented materials or in any other manner. “Distilled spirits manufacturer” does not include a winegrower that produces spirits of wine, provided the spirits of wine are blended into wine produced by the winegrower, are sold to an industrial alcohol dealer or a distilled spirits manufacturer, or are destroyed by the winegrower.
distilled spirits spirits of wine winegrower naturally fermented materials industrial alcohol dealer blended into wine distilled spirits production alcohol manufacturing wine production producer requirements definition of manufacturer spirits blending spirits destruction distilled spirits sales alcohol dealer
(Amended by Stats. 2023, Ch. 375, Sec. 1. (AB 1704) Effective October 7, 2023.)
A "rectifier" is someone who changes the color, flavor, or character of distilled spirits through various processes like distillation or blending. However, it doesn't include places like bars or restaurants (on-sale licensees) that do this on-site for drinks consumed there.
“Rectifier” means every person who colors, flavors, or otherwise processes distilled spirits by distillation, blending, percolating, or other processes. “Rectifier” does not include an on-sale licensee that colors, flavors, or blends distilled spirits or wine products on the on-sale licensed premises to be consumed on the licensed premises.
rectifier distilled spirits coloring flavoring blending percolating on-sale licensee alcohol processing spirits distillation licensed premises wine products consumption on premises alcoholic beverage modification spirits processing methods
(Amended by Stats. 2011, Ch. 301, Sec. 1. (SB 32) Effective September 21, 2011.)
This law defines what an 'importer' of alcoholic beverages is in California. It includes anyone bringing or receiving alcohol from outside the state to be used or delivered within the state, except licensed public warehouses. It also covers licensed importers selling to non-licensees in areas under U.S. jurisdiction when delivery is made by a common carrier from outside the state. Additionally, if alcohol comes into the state without a consignee, those bringing it in are considered importers. Importers don't include customs brokers acting on behalf of licensed importers or businesses outside the state.
“Importer” means:
(a)CA Business and Professions Code § 23017(a) Any consignee of alcoholic beverages brought into this State from without this State, when the alcoholic beverages are for delivery or use within this State.
(b)CA Business and Professions Code § 23017(b) Any person, except a public warehouse licensed under this division, to whom delivery is first made in this State of alcoholic beverages brought into this State from without this State for delivery or use within this State.
(c)CA Business and Professions Code § 23017(c) Any person, licensed as an importer, selling alcoholic beverages to nonlicensees
within an area over which the United States Government exercises jurisdiction, when delivery of the alcoholic beverages is made to the nonlicensees by a common carrier transporting the alcoholic beverages from a point outside this State.
(d)CA Business and Professions Code § 23017(d) Any person bringing alcoholic beverages into this State from without this State which are not consigned to any person and which are for delivery or use within this State.
A person licensed as a customs broker who is acting as an agent for a licensed importer or for another person whose place of business is without the State shall not be deemed to be the importer of alcoholic beverages consigned in United States internal revenue bond or in United States customs bond to the licensed customs broker.
importer definition alcoholic beverages consignee California import common carrier delivery within state nonlicensees U.S. jurisdiction customs broker exemption licensed importer alcohol delivery public warehouse exception interstate alcohol non-consigned alcohol bonded consignments
(Added by Stats. 1953, Ch. 152.)
An 'exporter' is someone who sells or sends alcoholic drinks from California to places outside the state.
“Exporter” means any person who sells, delivers, or consigns alcoholic beverages located within this State for delivery, use, or sale without the State.
alcoholic beverages exporter sells delivers consigns California delivery use sale outside the state alcohol export beverage shipment
(Added by Stats. 1953, Ch. 152.)
A "customs broker" is someone who is allowed to help import alcoholic drinks into the state for either a licensed importer or someone whose business is located outside the state. They deal with the legal paperwork and processes related to bringing these beverages through U.S. customs or under U.S. internal revenue bond.
“Customs broker” means every person who is authorized to act as agent or broker for a person licensed as an importer or for a person whose place of business is without the State, in regard to the importing of alcoholic beverages into the State in United States internal revenue bond or in United States customs bond.
customs broker agent importer alcoholic beverages United States customs bond internal revenue bond authorized agent importing licensed importer out-of-state business alcohol importation bonded importation
(Added by Stats. 1953, Ch. 152.)
A 'wine broker' is someone who acts as an agent to buy or sell wine for someone else and earns a fee or commission for doing so. This does not include salespeople who work directly for a licensed company.
“Wine broker” means every person, other than a salesman who is regularly employed by a licensee, who engages as an agent in the sale or purchase of wine for or on behalf of another or others for a fee or commission.
wine broker selling wine buying wine agent fee commission sales assistance wine transactions agent role wine industry broker services independent agent commission-based sales wine sales arrangement agent commission
(Added by Stats. 1953, Ch. 152.)
A "wholesaler" is anyone, besides a manufacturer, winegrower, or rectifier, who is in the business of selling alcoholic drinks in large quantities either within the U.S. (except for its territories) or in a neighboring foreign country.
“Wholesaler” means every person other than a manufacturer, winegrower or rectifier who is engaged in business as a jobber or wholesale merchant, dealing in alcoholic beverages, in an area within the United States other than a territory or possession of the United States, or within a foreign country having common boundaries with any state of the United States.
wholesaler jobber wholesale merchant alcoholic beverages manufacturer winegrower rectifier jobber business foreign country United States territories common boundaries alcohol distribution large quantities business regulations
(Amended by Stats. 1975, Ch. 597.)
This law defines an 'industrial alcohol dealer' as someone who sells alcohol or distilled spirits in large quantities, specifically more than one gallon, for non-drinking purposes in various professions or industries.
“Industrial alcohol dealer” means a person who sells alcohol or distilled spirits in packages of more than one gallon for use in the trades, professions, or industries, but not for beverage use.
industrial alcohol alcohol dealer distilled spirits packages over one gallon non-beverage use trades professions industries alcohol sales large quantity alcohol
(Added by Stats. 1953, Ch. 152.)
The term “retailer” refers to anyone who has a license to sell alcohol, whether they sell it for consumption on the premises (like a bar) or for people to take away and consume elsewhere (like a liquor store).
“Retailer” means any on- or off-sale licensee.
retailer on-sale licensee off-sale licensee alcohol sales liquor store bar licensee alcohol license consumption premises carryout alcohol
(Added by Stats. 1953, Ch. 152.)
A "Retailer’s on-sale license" refers to different types of licenses that allow businesses to sell beer and wine to customers who drink it on the premises. This includes licenses for selling only beer, both beer and wine, all types of alcoholic beverages, and licenses specifically for seasonal businesses.
“Retailer’s on-sale license” means on-sale beer licenses, on-sale beer and wine licenses, on-sale general licenses, and on-sale general licenses for seasonal businesses.
Retailer's on-sale license on-sale beer license on-sale beer and wine license on-sale general license seasonal businesses alcohol sales beer and wine consumption on-premises consumption alcoholic beverage licenses drinking on site seasonal license
(Added by Stats. 1953, Ch. 152.)
This law section defines 'selling' alcohol as any deal where alcoholic drinks change ownership for something in return. It covers things like delivering alcohol after an order is placed and asking for or getting an order, but it doesn't include returning alcohol to the original seller.
“Sell” or “sale” and “to sell” includes any transaction whereby, for any consideration, title to alcoholic beverages is transferred from one person to another, and includes the delivery of alcoholic beverages pursuant to an order placed for the purchase of such beverages and soliciting or receiving an order for such beverages, but does not include the return of alcoholic beverages by a licensee to the licensee from whom such beverages were purchased.
alcoholic beverages transfer of title order placement delivery of alcohol transaction soliciting orders receiving orders alcohol sales returning alcohol licensee consideration alcohol purchase alcoholic drink delivery title transfer
(Added by Stats. 1953, Ch. 152.)
This law explains that a 'retail sale' or 'sale at retail' refers to sales made by certain license holders directly to consumers for their personal use, not to be resold.
“Retail sale” or “sale at retail” means the sale by an on- or off-sale licensee for consumption and not for resale.
retail sale sale at retail on-sale licensee off-sale licensee consumption not for resale alcohol sales license holders direct to consumer personal use California Business and Professions Code
(Added by Stats. 1953, Ch. 152.)
This law defines a 'wholesale sale' as selling something to someone who has a license, like a business, specifically so they can sell it to someone else.
“Wholesale sale” or “sale at wholesale” means a sale to any licensee for purposes of resale.
wholesale sale definition sale at wholesale resale licensee business license BPC 23027 distribution law business transactions reseller California business sales wholesale transaction licensed resale business sales regulation licensed distributor retail resale
(Added by Stats. 1953, Ch. 152.)
This section defines a "package" as any type of container used for holding alcoholic drinks, which is closed off with a cork, stopper, cap, or something similar.
“Package” means any container or receptacle used for holding alcoholic beverages which is corked or sealed with a stub, stopper, cap, or in any other manner.
container receptacle alcoholic beverages corked sealed stub stopper cap alcohol packaging drink holder beverage container sealed container packaging definition closed off beverage sealing
(Added by Stats. 1953, Ch. 152.)
In this law, the term "case" refers to the typical box or carton in which alcoholic beverages are packed by the manufacturer or wine grower for shipping or transfer.
“Case” or “original case” means a standard box or carton as packed by the manufacturer or wine grower in which packages of alcoholic beverages are shipped or transferred.
case definition original case alcohol packaging manufacturer wine grower shipping transfer alcoholic beverages box or carton standard packaging packaging definition
(Added by Stats. 1953, Ch. 152.)
This law simply explains that when the term 'to bottle' or 'to package' is used, it refers to placing alcoholic drinks into any kind of container, such as a bottle or barrel.
“To bottle” or “to package” means to bottle, barrel, or otherwise place alcoholic beverages in a container.
alcoholic beverages bottle package container barrel definition placement bottling packaging liquor containers drink packaging container placement beverage storage California alcohol regulations wine bottling
(Added by Stats. 1953, Ch. 152.)
A 'gallon' or 'wine gallon' is defined as a liquid measurement equaling 231 cubic inches.
“Gallon” or “wine gallon” means that liquid measure containing 231 cubic inches.
wine gallon definition liquid measurement 231 cubic inches gallon measurement wine volume liquid measure wine gallon size measurement unit volume conversion liquid volume standard
(Added by Stats. 1953. Ch. 152.)
'Proof spirits' are a type of alcoholic beverage that is made up of half pure ethyl alcohol. This alcohol has a specific density at 60 degrees Fahrenheit compared to water at the same temperature.
“Proof spirits” means that alcoholic liquor which contains one-half of its volume of pure ethyl alcohol of a specific gravity of 0.7939 at 60 degrees Fahrenheit, referred to water at 60 degrees Fahrenheit as unity.
proof spirits ethyl alcohol specific gravity alcoholic liquor 60 degrees Fahrenheit pure alcohol density beverage alcohol volume purity measurement alcohol content temperature reference unity comparison alcohol standards alcohol strength
(Added by Stats. 1953, Ch. 152.)
In simple terms, a "proof gallon" is a measurement used to determine either a gallon of spirits at a certain alcohol strength or an equivalent volume that has the same amount of alcohol.
“Proof gallon” means a gallon of proof spirits or an equivalent amount of alcohol.
proof gallon gallon of spirits alcohol measurement proof spirits alcohol volume equivalent alcohol amount proof strength alcohol content distilled spirits gallon measurement alcohol equivalent proof standard liquor measurement beverage alcohol measure of spirits
(Added by Stats. 1953, Ch. 152.)
This law defines a 'still' as any equipment that can be used to separate alcohol from mixtures. However, it excludes equipment used in labs or for producing distilled water or non-alcoholic substances.
“Still” means any apparatus capable of being used for separating alcohol, or alcoholic vapors or solutions from alcohol or alcoholic solutions or mixtures, but does not include stills or apparatus used for laboratory purposes or solely in the production of distilled water or substances other than alcoholic beverages.
still apparatus alcohol separation alcoholic vapors distillation process laboratory equipment exclusion distilled water non-alcoholic substances alcoholic solutions apparatus definition equipment exclusion
(Amended by Stats. 1959, Ch. 547.)
A 'private warehouse' is a location where someone with a license can store their alcohol, but not sell it, and it's separate from the main place they operate their business.
“Private warehouse” means any place maintained by a licensee, other than his licensed premises, for the storage but not for the sale of alcohol or alcoholic beverages owned by the licensee.
private warehouse storage licensed premises alcoholic beverages licensee storage facility not for sale separate location business operations alcohol storage warehousing non-retail alternate location
(Added by Stats. 1953, Ch. 152.)
A "public warehouse" is a location that's licensed to store alcohol or alcoholic beverages for other license holders but can't sell them. This includes U.S. customs bonded warehouses and U.S. internal revenue bonded warehouses if they store alcohol for another licensee.
“Public warehouse” means any place licensed for the storage of, but not the sale of, alcohol or alcoholic beverages for the account of other licensees and includes United States custom bonded warehouses and United States internal revenue bonded warehouses when the bonded warehouses are used for storage of alcoholic beverages for the account of another licensee.
public warehouse storage of alcohol licensed storage alcoholic beverages custom bonded warehouses internal revenue bonded warehouses licensees storage license bonded warehouses warehouse licensing
(Added by Stats. 1953, Ch. 152.)
This law defines what qualifies as a 'Club' in terms of legal operations. It's a corporation or association that owns or uses a place for social or athletic purposes, not to make money. Such a club must have a real list of members who pay dues yearly, and its benefits are for its members. The club can only sell alcohol to its members and their actual guests. A guest must be someone either staying overnight or invited specifically for a special event.
“Club” means a corporation or association which is the owner, lessee, or occupant of an establishment operated solely for objects of a social or athletic nature but not for pecuniary gain, having a bona fide membership list, and the majority of the members of which pay dues at least once in every year, and the property as well as the advantages of which belong to the members, and which sells alcoholic beverages only to its members and its bona fide guests. A guest is defined as a person who is actually a houseguest, or a person whose presence as a guest is in response to a specific invitation for the special occasion.
social club athletic club bona fide membership annual dues pecuniary gain alcohol sales bona fide guests houseguest special occasion invitation association ownership non-profit establishment member benefits membership list
(Amended by Stats. 1957, Ch. 618.)
This law defines what a 'bona fide public eating place' is. Essentially, it's a restaurant that consistently serves real meals (not just snacks like sandwiches or salads) to paying customers in a clean, healthy environment with a proper kitchen. It should meet health department regulations and doesn't need to sell food with drinks.
“Bona fide public eating place” means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. “Meals” means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches
or salads shall not be deemed a compliance with this requirement. “Guests” shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this section, however, shall be construed to require that any food be sold or purchased with any beverage.
bona fide public eating place serving meals regularly used compensation kitchen facilities sanitary condition refrigeration health department regulations usual assortment of foods good faith meals
(Amended by Stats. 1955, Ch. 1779.)
This section explains that a "bona fide public eating place" can also be places like convention centers or auditoriums that are owned by the state, cities, or public corporations. These places should regularly host groups and provide prepared meals, with a proper kitchen following health rules. Meals should be more than just sandwiches or salads, meaning typical lunch or dinner options. The venues should offer meals for events they host, but not every single day, as long as they provide meals on at least 25% of the days they're in use each year. There's no requirement to pair food with alcohol sales.
Notwithstanding the provisions of Section 23038, “bona fide public eating place” also means a convention center, exhibit hall, or auditorium, which shall hereinafter be referred to as “premises,” owned by or leased to the State of California, any incorporated city, county, city and county, or public corporation of the State of California which is regularly and in a bona fide manner used and kept open for the attendance of groups of guests, and in connection with such use serves meals to such groups of guests for compensation, and which has suitable kitchen facilities in connection therewith, such kitchen containing conveniences for preparation of ordinary meals and maintained
in a sanitary condition with proper refrigeration for the keeping of food on the premises in compliance with all regulations of the local department of health.
“Meals,” as used in this section, means foods commonly ordered at a lunch or dinner; provided, however, that the service of food such as sandwiches or salads only shall not be deemed compliance with this requirement.
“Groups of guests,” as used in this section, means persons who come to the premises owned or leased as provided herein, to make use of such premises for the purpose or purposes for which it was designed, and in connection with such use may, as a group, order in advance and obtain or be served a meal therein.
“Convention center” as used in this section, means a building or group of buildings in close physical proximity consisting of, but not necessarily limited to, a convention hall, exhibit hall, auditorium, or
theater, or any combination thereof, and used for the purpose, among other things, of providing facilities for conventions, theatrical productions, shows, sporting centers, exhibits, displays, conferences or meetings.
Nothing in this section shall be construed to require that meals be served every day that use is made of the premises or any part thereof. However, meals shall actually be available to groups of guests in good faith upon adequate notice and request to the operators of such premises on any day of any year that such premises are used by such groups of guests, and shall be served to groups of guests as heretofore provided on at least 25 percent of the total days each year that the premises are used by said groups of guests.
Nothing in this section shall be construed to require that any food be sold or purchased with any alcoholic beverage.
bona fide public eating place convention center exhibit hall auditorium State ownership public corporation meals provision kitchen facilities health regulations groups of guests meal requirements sandwiches meals percentage requirement alcoholic beverage food service
(Added by Stats. 1968, Ch. 860.)
Even though typically certain places qualify as legitimate restaurants for liquor licenses, in this case, "bona fide public eating place" can also refer to large venues like ballparks and stadiums if they serve food with proper kitchen facilities during pro sports events. The Alcoholic Beverage Control can set specific rules about the types and sizes of beer and wine that these places can sell.
Notwithstanding the provisions of Section 23038, for purposes of issuing an on-sale beer and wine license only, “bona fide public eating place” also means a ball park, stadium, or coliseum featuring professional sporting events which maintains suitable kitchen facilities for the preparation of food which is offered for sale to persons attending such professional sporting events.
The Department of Alcoholic Beverage Control may prescribe specific types and sizes of beer and wine containers which may be sold pursuant to the provisions of this section.
on-sale beer and wine license bona fide public eating place ball park stadium coliseum professional sporting events kitchen facilities beer and wine containers Department of Alcoholic Beverage Control food preparation license requirements suitable kitchen for stadiums sale regulations at sports venues
(Amended by Stats. 1978, Ch. 270.)
This law says that for getting a license to sell beer and wine, a 'bona fide public eating place' can also be a cooking school. The cooking school must regularly offer genuine cooking classes and have suitable kitchen facilities for teaching food preparation to qualify.
Notwithstanding Section 23038, for purposes of issuing an on-sale beer and wine license only, “bona fide public eating place” also means a cooking school that regularly and in a bona fide manner provides courses of instruction in the preparation of food, and that maintains suitable kitchen facilities for the preparation of food that is offered to persons attending the courses of instruction.
cooking school on-sale beer and wine license bona fide public eating place preparation of food cooking classes kitchen facilities courses of instruction food preparation classes California alcohol regulations culinary instruction suitable kitchen facilities selling beer and wine food instruction courses cooking school licensing alcohol license for schools
(Added by Stats. 2011, Ch. 702, Sec. 1. (SB 339) Effective January 1, 2012.)
This law defines what counts as 'public premises' for places that sell alcohol. It mainly includes places with certain alcohol licenses that don't serve food as their primary business, like bars that might only offer small food items alongside drinks. There are also specific exceptions where 'public premises' does not apply, such as dining cars on trains, certain clubs, theaters, and nonprofit cultural organizations that have been operating legally for over a year. Also excluded are historical parks, some stadiums, and nonprofit arts foundations.
(a)CA Business and Professions Code § 23039(a) “Public premises” means:
(1)CA Business and Professions Code § 23039(a)(1) Premises licensed with any type of license other than an on-sale beer license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises, and in which food shall not be sold or served to the public as in a bona fide public eating place, but upon which premises food products may be sold or served incidentally to the sale or service of alcoholic beverages, in accordance with rules prescribed by the department.
(2)CA Business and Professions Code § 23039(a)(2) Premises licensed with an on-sale beer license, in which food shall not be sold or served to the public as in a bona fide public eating place, and in which sandwiches, salads, desserts, and
similar short orders shall not be sold and served, in accordance with rules prescribed by the department.
(b)CA Business and Professions Code § 23039(b) “Public premises” does not include any of the following:
(1)CA Business and Professions Code § 23039(b)(1) Railroad dining or club cars, passenger ships, airplanes, or bona fide clubs after the clubs have been lawfully operated for not less than one year.
(2)CA Business and Professions Code § 23039(b)(2) Historic units of the state park system.
(3)CA Business and Professions Code § 23039(b)(3) Premises being operated under a temporary on-sale beer license other than permitted pursuant to Section 24045.5, or on-sale beer licensed stadia, auditoria, fairgrounds, or racetracks.
(4)CA Business and Professions Code § 23039(b)(4) Nonprofit theater companies, nonprofit radio broadcasting companies, or nonprofit cultural film exhibition companies licensed pursuant to
Section 24045.7.
(5)CA Business and Professions Code § 23039(b)(5) Theaters licensed pursuant to Section 24045.75.
(6)CA Business and Professions Code § 23039(b)(6) Cemeteries licensed pursuant to Section 24045.76.
(7)CA Business and Professions Code § 23039(b)(7) Winegrowers’ premises.
(8)CA Business and Professions Code § 23039(b)(8) Licensed premises of a nonprofit arts foundation licensed pursuant to Section 24045.78.
alcohol licenses public premises non-sale beer license food service bona fide public eating place department rules railroad dining cars historic state parks temporary licenses stadia auditoria fairgrounds nonprofit theaters winegrowers nonprofit arts foundation
(Amended by Stats. 2022, Ch. 732, Sec. 1.5. (SB 1370) Effective January 1, 2023.)
This law allows a place that sells beer and wine and operates as a cabaret theater to let people under 21 into their performances, but only if they’ve had their license for at least 10 years, the theater seats at least 375 people, and no alcohol is sold or consumed during the shows.
Notwithstanding any other provision of law, any on-sale beer and wine public premises licensee who has been licensed at premises operated as a cabaret theater for at least 10 years and which has a seating capacity for at least 375 patrons may admit persons under the age of 21 years to theater performances provided that alcoholic beverages are not sold, served, or consumed on the premises during those performances.
on-sale beer and wine license cabaret theater under 21 admission seating capacity alcohol restrictions theater performances serving alcoholic beverages public premises licensed theater alcohol-free events young audience California alcohol regulation entertainment venue alcohol sales prohibition venue licensing
(Amended by Stats. 2008, Ch. 18, Sec. 1. Effective June 2, 2008.)
An 'entertainment zone' is an area established by a local government where, starting from January 1, 2025, people are allowed to drink certain alcoholic drinks in public spaces like streets and sidewalks.
“Entertainment zone” means a zone created by a city, county, or city and county ordinance on or after January 1, 2025, that authorizes consumption of one or more types of alcoholic beverages on public streets, sidewalks, or public rights-of-way.
entertainment zone public alcohol consumption city ordinance county ordinance sidewalk drinking public streets alcoholic beverages public rights-of-way local government alcohol consumption zones ordinance creation public drinking areas community spaces public areas 2025 regulations
(Amended by Stats. 2024, Ch. 869, Sec. 1. (SB 969) Effective January 1, 2025.)
This law simply clarifies that when the phrase “within this State” is used, it is referring to all areas that fall under the geographic boundaries of the state.
“Within this State” means all territory within the boundaries of this State.
territory geographic boundaries state boundaries territorial definition phrase interpretation jurisdiction state territory California territory interpretation of within state jurisdiction territorial scope boundary clarification territorial inclusion state lines geographic scope
(Added by Stats. 1953, Ch. 152.)
In this law, the phrase "Without the State" refers to any area outside the borders of this state.
“Without the State” means all territory without the boundaries of this State.
without the state state boundaries territory definition state border outside state territorial limits geographical boundaries region outside state state jurisdiction out-of-state territories
(Added by Stats. 1953, Ch. 152.)
The term "Board" in this context refers to the State Board of Equalization, which is responsible for managing certain excise taxes as outlined in the state's Constitution.
“Board” means the State Board of Equalization, in the exercise of the powers and duties with respect to excise taxes reserved to it by Section 22 of Article XX of the Constitution.
State Board of Equalization excise taxes Section 22 Article XX Constitutional powers tax authority California tax administration tax duties excise tax management government tax role constitutional duties of board tax regulation board's responsibilities
(Amended by Stats. 1955, Ch. 447.)
This section defines the terms 'Department' and 'Director' specifically as referring to the Department of Alcoholic Beverage Control and its Director.
“Department” means the Department of Alcoholic Beverage Control, and “director” means the Director of Alcoholic Beverage Control.
Department of Alcoholic Beverage Control Director of Alcoholic Beverage Control Alcohol regulation Government agency AB control California alcohol laws Alcohol license authority California department definition Agency director ABC director
(Amended by Stats. 1955, Ch. 447.)
This section defines "license" as a type of permit that the department is allowed to issue according to this part of the Business and Professions Code.
“License” means a license authorized to be issued by the department pursuant to this division.
license definition permit issuance department authorization Business and Professions Code Division authority license type permit definition authorized issuance regulatory permit licensing process
(Amended by Stats. 1955, Ch. 447.)
The term “Appeals board” refers specifically to the Alcoholic Beverage Control Appeals Board.
“Appeals board” means the Alcoholic Beverage Control Appeals Board.
Appeals board Alcoholic Beverage Control Appeals Board definition Alcoholic Beverage Control Appeals Board Beverage Control liquor permit appeals alcohol regulation appeals beverage control rulings alcohol policy appeals process California liquor law appeals entity alcoholic beverage licensing
(Added by Stats. 1955, Ch. 447.)
This section defines an 'air common carrier' as a person or company that operates regular air transport services between certain locations with official approval. It also clarifies that 'airplane' or 'common carrier airplane' refers to planes used by these carriers.
“Air common carrier” means a person engaged in regularly scheduled air transportation between fixed termini under a certificate of public convenience and necessity issued by the Civil Aeronautics Board, or its successor, or the Public Utilities Commission, or its successor, and “airplane” or “common carrier airplane” means an airplane operated in air transportation by an air common carrier.
air common carrier scheduled air transportation fixed termini certificate of public convenience necessity Civil Aeronautics Board Public Utilities Commission successor air transportation common carrier airplane
(Amended by Stats. 1968, Ch. 607.)
A "scheduled flight" is a flight that follows a regular timetable and is advertised by an airline. It doesn't refer to each time a plane takes off on that route during the day.
“Scheduled flight” means a regularly scheduled and advertised flight of an air common carrier but does not mean each daily operation of airplanes upon such flight.
scheduled flight air common carrier regularly scheduled advertised flight airline timetable daily operation flight schedule airline route flight advertising regular timetable passenger flights commercial airline flight routine flight scheduling
(Added by renumbering Section 23046 by Stats. 1957, Ch. 37.)