Section § 25350

Explanation

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.

The department may seize the following alcoholic beverages:
(a)CA Business and Professions Code § 25350(a) Alcoholic beverages manufactured or produced in this state by any person other than licensed manufacturer or wine grower, regardless of where found.
(b)CA Business and Professions Code § 25350(b) Beer and wine upon the sale of which the excise tax imposed by Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code has not been paid, regardless of where found.
(c)CA Business and Professions Code § 25350(c) Distilled spirits except (1) distilled spirits located upon premises for which licenses authorizing the sale of the distilled spirits have been issued; (2) distilled spirits consigned to and in the course of transportation to a licensee holding licenses authorizing the sale of the distilled spirits or for delivery without this state; (3) distilled spirits upon the sale of which the excise tax imposed by Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code has been paid; (4) alcohol or distilled spirits in the possession of a person who has lawfully purchased it for use in the trades, professions, or industries and not for beverage use.
(d)CA Business and Professions Code § 25350(d) Any alcoholic beverage possessed, kept, stored, or owned with the intent to sell it without a license in violation of this division.
(e)CA Business and Professions Code § 25350(e) Notwithstanding any other provision of this section, any alcoholic beverage acquired, exchanged, purchased, sold, delivered, or possessed in violation of Sections 23104.2, 23104.3, 23394, 23402, or Chapter 12 (commencing with Section 25000), except that seizures under this subdivision shall be limited to the actual package or case of alcoholic beverage acquired, exchanged, purchased, sold, delivered, or possessed in violation of the foregoing provisions. Any seizure under this subdivision shall not exceed one hundred dollars ($100) of alcoholic beverages at retail price.

Section § 25351

Explanation

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.

Any person who possesses alcoholic beverages which are subject to seizure under Section 25350 is guilty of a misdemeanor.

Section § 25352

Explanation

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.

The department or its employees may seize any unlicensed still, whether in actual operation or not and whether assembled for operation or dismantled, any parts of such stills, and any materials or supplies capable of being used for the manufacture of alcoholic beverages which are found on or about the premises where any unlicensed still or parts thereof are found. The department or its employees may also seize any implements, instruments, vehicles, and personal property in the place or building, or within any yard or enclosure, where any unlicensed still or parts thereof are found.

Section § 25353

Explanation
If alcoholic drinks or any property are taken by the state under this law, they belong to the state and are officially forfeited, meaning the state keeps them legally.
When alcoholic beverages or any other property are seized pursuant to this division, the alcoholic beverages or other property shall be forfeited to the State, and all such forfeitures are hereby declared to be statutory forfeitures.

Section § 25354

Explanation

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.

Alcoholic beverages manufactured or produced in this state by any person other than a licensed manufacturer or winegrower, when seized for forfeiture under this division, may be disposed of by the department, its officers, or employees by summary destruction. Controlled substances, instruments, or paraphernalia seized by the department may only be disposed of pursuant to a court order for destruction.

Section § 25355

Explanation

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.

Any alcoholic beverages or other property seized for forfeiture under this division, except automobiles or other vehicles, may be disposed of by the department, its officers, or employees by destruction or otherwise as provided in this division, upon order of the department made not less than 15 days after the date of seizure.

Section § 25356

Explanation

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.

Any person whose alcoholic beverages or other property, except automobiles or other vehicles, have been seized for forfeiture under this division, may, within 10 days after such seizure, petition the department to return the alcoholic beverages or other property upon the grounds that the alcoholic beverages or other property were illegally or erroneously seized.

Section § 25357

Explanation

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.

Any petition filed pursuant to Section 25356 shall be considered by the department within 60 days after filing, and an oral hearing shall be granted the petitioner if requested. The department shall serve notice of its decision upon the petitioner.

Section § 25358

Explanation

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.

The department may order the alcoholic beverages or other property seized disposed of, or returned to the petitioner if illegally or erroneously seized.

Section § 25359

Explanation

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.

Any beverage or other property seized by the department may be turned over to any state department or institution. The person in charge of any state department or institution may file with the department a request that beverages or other property of a kind specified in the request be turned over to the department or institution. No beverage or property for which a request has been made by a state department or institution shall be destroyed until all requests of state departments and institutions for the type or kind of beverage or property have been complied with.

Section § 25360

Explanation

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.

When alcoholic beverages or other property are seized or forfeited under this division and are not disposed of pursuant to Sections 25354 to 25359, inclusive, the alcoholic beverages or other property shall be subjected to a forfeiture proceeding in the superior court as provided in this chapter.

Section § 25361

Explanation

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.

Notice of the seizure and of the intended forfeiture proceeding shall be filed with the clerk of the court and shall be served on all persons, firms, or corporations having any right, title, or interest in the alcoholic beverages or other property seized. If the owner or owners are unknown or cannot be found, notice of the seizure and intended forfeiture proceedings shall be made upon such owners by publication pursuant to Section 6061 of the Government Code in the county where the seizure was made.

Section § 25362

Explanation

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.

Within 20 days after service of the notice of seizure and intended forfeiture proceedings, or within 20 days after the date of publication, the owner or owners of the alcoholic beverages or other property seized may file a verified answer to the fact of the alleged unlawful use of the alcoholic beverages or other property. The claimant of any right, title, or interest in the alcoholic beverages or other property seized may make a verified answer to establish his claim as provided in Section 25367. No extensions of time shall be granted for the purpose of making the verified answer.

Section § 25363

Explanation

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.

If at the end of 20 days after the notice has been mailed or published there is no verified answer on file, the court shall hear evidence upon the fact of unlawful use and shall, upon proof thereof, order the alcoholic beverages or other property forfeited to the State.

Section § 25364

Explanation

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.

If a verified answer has been filed, the forfeiture proceeding may be set for hearing on a day within 30 days from the date of filing, and notice of this proceeding shall be given to the owner or owners filing verified answers.

Section § 25365

Explanation

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.

At the time set for the hearing, any of the owners who have verified answers on file may show by competent evidence that the alcoholic beverages or other property were not in fact used contrary to the provisions of this division.

Section § 25366

Explanation

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.

If the fact is determined that the alcoholic beverages or other property were not used contrary to the provisions of this division, the court shall order the alcoholic beverages or other property released to the owner or owners thereof.

Section § 25367

Explanation

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.

At the time set for the hearing the claimant of any right, title, or interest in the alcoholic beverages or other property under a lien, mortgage, or conditional sales contract which is officially of record may prove that the lien, mortgage, or conditional sales contract is bona fide and was created after a reasonable investigation of the moral responsibility, character, and reputation of the lienor, mortgagor, or vendee and without any knowledge that the alcoholic beverages or other property was being, or was to be, used contrary to the provisions of this division.

Section § 25368

Explanation

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.

If the lienholder, mortgagee, or vendor proves the facts set forth in Section 25367, the court shall order the alcoholic beverages or other property released to him if the amount due to him is equal to, or in excess of, the value of the alcoholic beverages or other property. If the amount due to him is less than the value of the alcoholic beverages or other property, the alcoholic beverages or other property shall be sold at public auction by the department, and the remainder of the proceeds of the sale, after payment of the balance due on the purchase price, mortgage, or lien, shall be deposited in the State Treasury.

Section § 25369

Explanation

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.

In any case the Department of Finance may, within 30 days after judgment, pay the balance due to the bona fide or innocent purchaser, lienholder, mortgagee, or vendor and purchase the alcoholic beverages or other property for the State.

Section § 25370

Explanation
When a judgment is made to forfeit alcoholic beverages or other property, it must be handed over to the Department of General Services. They can then distribute it to the Department of Alcoholic Beverage Control, other state departments, or sell it at a public auction. If alcoholic beverages are sold, they should only go to licensed sellers.
Upon a judgment in favor of the forfeiture, the alcoholic beverages or other property shall be ordered turned over to the Department of General Services for disposition as follows:
(a)CA Business and Professions Code § 25370(a) Delivery to the Department of Alcoholic Beverage Control for use in the needs of the department as may be requested by it.
(b)CA Business and Professions Code § 25370(b) Delivery to any other state department, board, commission, officer, hospital, or institution.
(c)CA Business and Professions Code § 25370(c) Sale at public auction, and when alcoholic beverages are sold at public auction they shall be sold only to licensees authorized to sell them.

Section § 25371

Explanation

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.

When alcoholic beverages or other property are seized under this division, a record of the seizure and disposition shall be kept by the Department of Alcoholic Beverage Control.

Section § 25372

Explanation

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.

Any officer, employee, or agent of the Department of Alcoholic Beverage Control who disposes of any alcoholic beverages or other property seized under this division in any manner other than as directed by order of the court or the provisions of this division is liable to the State in a civil action and is guilty of a felony.

Section § 25373

Explanation

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.

Any peace officer of this State upon seizing any alcoholic beverages or other property may hold them as evidence until a forfeiture has been declared, a release ordered as provided in this chapter, or other disposition has been made pursuant to this division.

Section § 25374

Explanation

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.

Nothing contained in this chapter applies to common carriers or to an employee acting within the scope of his employment under this division.

Section § 25375

Explanation

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.

(a)CA Business and Professions Code § 25375(a) Upon 10 days notice to a person who holds a license described in this division, the Attorney General or a district attorney shall seek an order from the superior court for the seizure of a license described in this division for purposes of seeking forfeiture of the license pursuant to Sections 11470 to 11492, inclusive, of the Health and Safety Code. From the time of notice until the hearing to establish probable cause, as provided by this section, the license may not be sold or transferred. The 10-day period may be extended by the court for good cause or upon the stipulation of the parties.
(b)CA Business and Professions Code § 25375(b) A petition for forfeiture pursuant to Section 11488.4 of the Health and Safety Code shall be filed within 10 days of the service of notice pursuant to this section.
(c)CA Business and Professions Code § 25375(c) At the hearing, the Attorney General or district attorney shall establish probable cause that the license is subject to forfeiture pursuant to Section 11470 of the Health and Safety Code. The showing of probable cause may be established by deposition, affidavit, declaration, prior judicial testimony, or other evidence. The licensee may produce evidence to refute the showing of probable cause.
(d)CA Business and Professions Code § 25375(d) If the court determines there is probable cause that the license is subject to forfeiture, it shall issue an order for its seizure by any peace officer within its jurisdiction.
(e)CA Business and Professions Code § 25375(e) If probable cause is not established at the hearing, or if the hearing is neither held within the 10-day period nor continued for good cause or by stipulation of the parties, the prohibition against the sale or transfer of the license shall immediately cease and the petition for forfeiture shall be dismissed.
(f)CA Business and Professions Code § 25375(f) Immediately upon seizure of the license, the peace officer shall surrender the license to the department by certified mail, along with written notice to the department of the seizure and intention to seek the initiation of forfeiture proceedings. No person who holds any interest in a license shall exercise any privileges of that license after it has been seized and during the time it is surrendered to the department pursuant to this subdivision.
However, if the licensee appears and in any manner contest the showing of probable cause required by this subdivision, the licensee shall be barred from bringing a motion pursuant to paragraph (2) of subdivision (g) of Section 11488.4 of the Health and Safety Code.
(g)CA Business and Professions Code § 25375(g) Notwithstanding Article 5 (commencing with Section 23090) of Chapter 1.5 of this division, the Attorney General or a district attorney may seek a pendente lite order as provided in Section 11492 of the Health and Safety Code or Section 186.6 of the Penal Code relating to the custody, right, title, interest, and exercise of rights and privileges as related to a license described in this division which is the subject of a forfeiture proceeding pursuant to Section 11488.4 of the Health and Safety Code or Section 186.4 of the Penal Code.
(h)CA Business and Professions Code § 25375(h) Rights and privileges related to any license which is the subject of a forfeiture proceeding and which has been seized and surrendered to the department pursuant to this section may be exercised solely by a receiver appointed pursuant to Section 11492 of the Health and Safety Code or Section 186.6 of the Penal Code. No license, rights, or privileges of a license may be exercised by a receiver until that person has been found qualified to hold a license in his or her own right by the department pursuant to this division and the license has been issued to the custody of the receiver. Chapter 6 (commencing with Section 23950) of this division does not apply to a receiver appointed pursuant to this paragraph. Any receiver appointed pursuant to Section 11492 of the Health and Safety Code or Section 186.6 of the Penal Code who exercises privileges of a license issued to his or her custody shall be subject to disciplinary proceedings and may have the license suspended or revoked in the same manner as if he or she were licensed directly pursuant to this division.
(i)CA Business and Professions Code § 25375(i) Upon the entry of a judgment of forfeiture pursuant to Section 11488.5 of the Health and Safety Code or Section 186.6 of the Penal Code, or a declaration of forfeiture pursuant to subdivision (j) of Section 11488.5 of the Health and Safety Code forfeiting a license described in this division, the state or local government entity shall sell and transfer the license in accordance with Chapter 6 (commencing with Section 23950) of this division. The proceeds of that sale and transfer shall be allocated as specified in Section 11489 of the Health and Safety Code or Section 186.8 of the Penal Code, as appropriate.
(j)CA Business and Professions Code § 25375(j) Any alcoholic beverage which is the subject of a judgment of forfeiture pursuant to Section 11488.5 of the Health and Safety Code or Section 186.7 of the Penal Code, or a declaration of forfeiture pursuant to subdivision (i) of Section 11488.4 of the Health and Safety Code may be sold, transferred, and delivered by the state or local governmental entity, as specified in Section 11489 of the Health and Safety Code or Section 186.8 of the Penal Code, to a person licensed to sell that type of alcoholic beverage pursuant to this division.