Chapter 14Seizure and Forfeiture of Property
Section § 25350
This law allows the department to seize alcoholic beverages under certain conditions in California. They can take alcohol made by unlicensed individuals, beer, and wine that haven't had taxes paid, and distilled spirits unless certain exceptions apply, like being on licensed premises or legally transported. Alcohol intended for illegal sale without a license can also be seized. Additionally, any alcohol involved in other specific legal violations can be seized but is limited to $100 worth at a time.
Section § 25351
If someone has alcoholic drinks that the authorities can confiscate under another specific law (Section 25350), that person is committing a minor crime known as a misdemeanor.
Section § 25352
This law allows the department or its employees to take (or seize) any equipment used to make alcohol if it's not properly licensed. They can do this even if the still isn't being used or is taken apart. Besides the still, they can also take any parts, materials, tools, vehicles, or other property found where the unlicensed equipment is located.
Section § 25353
Section § 25354
This section explains that if someone makes alcohol in California without a proper license, and it's seized by the authorities, they can destroy it without much hassle. However, if the items seized are drugs or related equipment, they need a court order to destroy them.
Section § 25355
If the department seizes alcoholic drinks or other items (but not cars or vehicles) for legal reasons under this law, they can destroy or otherwise get rid of them. This can be done at least 15 days after they were taken.
Section § 25356
If your alcoholic drinks or other property, except for cars or other vehicles, are taken by the government because they think you broke the law, you have 10 days to ask them to give it back if you believe it was taken by mistake or without proper reason.
Section § 25357
When someone files a petition under a specific process, the department has 60 days to look into it and make a decision. If the person who filed the petition wants to have a hearing where they can speak about their case, they are allowed to request it. Once a decision is made, the department must inform the person who submitted the petition.
Section § 25358
This section allows the department to return property, like alcoholic beverages, if they were taken by mistake or wrongly removed. The department can also decide what to do with this property, like seizing, disposing of it, or giving it back to its owner.
Section § 25359
This law allows any seized beverage or property to be given to a state department or institution if requested. If a department wants certain types of these items, they must make a request before those items are destroyed. Items will only be destroyed if all such requests have been satisfied.
Section § 25360
If alcoholic drinks or other items are taken away by authorities under this law and haven't been dealt with following certain other rules (Sections 25354 to 25359), then a court process will decide what happens to those items.
Section § 25361
When alcoholic beverages or other property are seized, those with any ownership rights must be notified about the seizure and upcoming legal proceedings. If the owners can't be located, the notice has to be published in the local county newspaper according to specific publication rules.
Section § 25362
If your alcoholic beverages or other property are taken because they might have been used illegally, you have 20 days to respond once you're notified or see the official announcement. You must file a formal statement confirming your objections to the claim that the items were used unlawfully. If you believe you have a right to the seized items, you can officially explain your claim. However, you can't ask for more time to file this formal statement.
Section § 25363
If no one responds within 20 days after being notified about a case involving unlawful use, the court will review the evidence. If it's proven that there was unlawful use, the court will order that the alcoholic beverages or other involved property be taken by the State.
Section § 25364
If someone responds to a legal action by filing what's called a 'verified answer,' then a court hearing about forfeiting property can be scheduled within 30 days. The people who filed the response must be notified about the hearing date.
Section § 25365
This law allows property owners to present evidence during a hearing to prove that their alcoholic beverages or other property weren't used illegally, based on the area's alcohol regulations.
Section § 25366
If it's found that alcoholic drinks or other items weren't used in violation of the law, the court will return them to their rightful owners.
Section § 25367
If someone claims that they have a right to alcoholic beverages or property that's under a lien, mortgage, or sales contract, they need to prove at the hearing that their claim is genuine. They must also show they checked the character and reputation of the person selling or mortgaging the property first, and they didn't know the property was used illegally.
Section § 25368
If someone who holds a lien, mortgage, or sale agreement proves their claim, the court will let them take back alcoholic beverages or property if what they're owed is at least as much as the property's worth. If they're owed less, the property will be sold at an auction, and after the debt is paid, any leftover money goes to the state's funds.
Section § 25369
This law allows California's Department of Finance to buy alcoholic beverages or other property for the state within 30 days after a court judgment. They can pay the remaining amount owed to a genuine or innocent buyer, lender, mortgage holder, or seller involved in the deal.
Section § 25370
Section § 25371
This law requires the Department of Alcoholic Beverage Control to maintain a detailed record whenever alcoholic drinks or related property are seized. They must also keep track of what happens to these items after they've been taken.
Section § 25372
This law makes it clear that if anyone working for the Department of Alcoholic Beverage Control gets rid of seized alcohol or property in a way not allowed by a court order or the law, they can face serious consequences. They could be sued by the state and charged with a felony, which is a very serious crime.
Section § 25373
If a peace officer in the state confiscates any alcohol or other item, they can keep it as evidence until it's decided what to do with it, such as declaring it forfeited, releasing it, or handling it according to other rules in this section.
Section § 25374
This law means that the rules in this particular chapter don't affect common carriers, like transportation companies, or their employees if they're doing their jobs as defined by this division.
Section § 25375
This section outlines the process for seizing and forfeiting certain licenses if there's probable cause to believe they are involved in illegal activities. First, a notice is given, and a court hearing is held to decide if the license should be seized. The authorities must show enough evidence (probable cause), and the licensee can challenge this. If probable cause is established, the court orders the license to be taken. If not, the case is dismissed and the license can be used again. Once seized, the license is sent to the relevant department, and no privileges tied to it can be exercised until a receiver is qualified and appointed. If the license is ultimately forfeited, it can be sold, and the money from the sale is distributed as specified in related laws.