Chapter 17Administrative Provisions

Section § 25750

Explanation

This law allows a department to create rules to carry out specific constitutional purposes and perform its duties. It specifies that regulations banning nude people from licensed places do not apply to nudist resorts or campgrounds existing before 1977, as long as they follow local land use laws. However, this exception only applies in counties where the local board of supervisors allows it and the sheriff confirms there's no significant police issue.

(a)CA Business and Professions Code § 25750(a) The department shall make and prescribe those reasonable rules as may be necessary or proper to carry out the purposes and intent of Section 22 of Article XX of the California Constitution and to enable it to exercise the powers and perform the duties conferred upon it by that section or by this division, not inconsistent with any statute of this state, including particularly this division and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)CA Business and Professions Code § 25750(b) Any regulation which excludes nude persons from licensed premises shall not apply to a nude person at licensed premises located at a nudist resort or nudist campground which was in existence prior to January 1, 1977, and whose operation is in conformance with local land use regulations.
(c)CA Business and Professions Code § 25750(c) Subdivision (b) is applicable only in a county where the board of supervisors of the county in which the licensed premises is located adopts an ordinance or resolution making subdivision (b) applicable in that county, and the sheriff of that county certifies that no extraordinary police problem would be created thereby.
nude persons licensed premises nudist resort nudist campground local land use regulations county board of supervisors ordinance adoption sheriff certification extraordinary police problem pre-1977 existence
(Amended by Stats. 1987, Ch. 636, Sec. 1.)

Section § 25750.5

Explanation

This law allows businesses with alcohol licenses to use extended areas next to their premises for on-site alcohol consumption under a COVID-19 Temporary Catering Authorization. This permission comes with rules and conditions, including the possibility of cancellation if local authorities object or the area isn't used properly according to health guidelines. If a business misuses these provisions, the Department of Alcoholic Beverage Control can immediately revoke their temporary privileges. This law is temporary and ends on July 1, 2026.

(a)CA Business and Professions Code § 25750.5(a) The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.
(b)CA Business and Professions Code § 25750.5(b) The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.
(c)CA Business and Professions Code § 25750.5(c) Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensee’s actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.
(d)CA Business and Professions Code § 25750.5(d) This section shall remain in effect only until July 1, 2026, and as of that date is repealed.
COVID-19 Temporary Catering Authorization Fourth Notice of Regulatory Relief expanded license area alcoholic beverages adjacent property on-sale privileges Department of Alcoholic Beverage Control local law enforcement objections state or local public health directives public health safety license cancellation temporary authorization July 1 2026 repeal
(Amended (as added by Stats. 2021, Ch. 656, Sec. 4) by Stats. 2023, Ch. 569, Sec. 2. (AB 1217) Effective January 1, 2024. Repealed as of July 1, 2026, by its own provisions.)

Section § 25751

Explanation
This law allows the department to use the powers described in certain sections of the Government Code in order to carry out its duties effectively.
For the performance of its duties the department has the power conferred by Sections 11180 to 11191, inclusive, of the Government Code.
department authority Government Code responsibilities Sections 11180-11191 conferred powers performance of duties administrative powers regulatory authority section reference government operations enforcement powers agency duties government sections department functions California government
(Amended by Stats. 1955, Ch. 1842.)

Section § 25752

Explanation

If you're licensed to handle alcoholic beverages besides wine in California, you must keep detailed records of all related activities, like manufacturing and sales, at your licensed location. The records should also show all expenses involved in these activities. If you have multiple locations, you can keep all records at just one spot. These records need to be maintained for three years from when the transaction happened.

No licensee may manufacture, import, sell or distribute alcoholic beverages, except wine, in the State of California unless he keeps records at his licensed premises of such manufacture, importation, sale or distribution of alcoholic beverages manufactured, imported, sold or distributed by the licensee in this State. Such records shall include all expenditures incurred by the licensee in the manufacture, importation, sale or distribution of alcoholic beverages, except wine, in this State. Provided, however, that any licensee licensed at more than one premises may keep all said records at one of his licensed premises. Records herein required to be kept shall be kept for a period of three years from the date of the transaction.
alcoholic beverages record keeping manufacture import sell distribute licensed premises expenditures three-year retention multiple locations
(Amended by Stats. 1959, Ch. 1357.)

Section § 25753

Explanation

This law allows the department to check the books and records and inspect the property of any business or person with a license, doing whatever they think is necessary to carry out their responsibilities.

The department may make any examination of the books and records of any licensee or other person and may visit and inspect the premises of any licensee it may deem necessary to perform its duties under this division.
department inspection licensee records business premises books examination compliance check record audit premises inspection inspection authority duties enforcement regulatory inspection business audit compliance duties licensee oversight necessary examination inspection rights
(Amended by Stats. 1955, Ch. 1842.)

Section § 25754

Explanation
This law gives the director and department employees the authority to administer and officially confirm oaths when carrying out their duties related to enforcing this division.
The director and the persons employed by the department for the administration and enforcement of the provisions of this division may administer and certify oaths in the administration and enforcement of this division.
director authority department employees administer oaths certify oaths administration duties enforcement of provisions enforcement authority oath-taking departmental duties official confirmation administrative functions certification process
(Amended by Stats. 1955, Ch. 447.)

Section § 25755

Explanation

This law explains that certain employees of the California Department responsible for regulating alcohol have the authority to act as peace officers. They can enforce laws related to the sale and handling of alcoholic beverages, such as preventing illegal sales or mislabeled products. These officers also have the power to inspect any licensed premises at any time the license is active. Additionally, officers from the California Highway Patrol, university police, and other state agencies can inspect licensed premises on state property. Moreover, agents involved in narcotics enforcement must complete a specialized training course on narcotics enforcement.

(a)CA Business and Professions Code § 25755(a) The director and the persons employed by the department for the administration and enforcement of this division are peace officers in the enforcement of the penal provisions of this division, the rules of the department adopted under the provisions of this division, and any other penal provisions of law of this state prohibiting or regulating the sale, exposing for sale, use, possession, giving away, adulteration, dilution, misbranding, or mislabeling of alcoholic beverages or intoxicating liquors, and these persons are authorized, while acting as peace officers, to enforce any penal provisions of law while in the course of their employment.
(b)CA Business and Professions Code § 25755(b) The director, the persons employed by the department for the administration and enforcement of this division, peace officers listed in Section 830.1 of the Penal Code, and those officers listed in Section 830.6 of the Penal Code while acting in the course and scope of their employment as peace officers may, in enforcing the provisions of this division, visit and inspect the premises of any licensee at any time during which the licensee is exercising the privileges authorized by his or her license on the premises.
(c)CA Business and Professions Code § 25755(c) Peace officers of the Department of the California Highway Patrol, members of the University of California and California State University police departments, and peace officers of the Department of Parks and Recreation, as defined in subdivisions (a), (b), (c), and (f) of Section 830.2 of the Penal Code, may, in enforcing this division, visit and inspect the premises of any licensee located on state property at any time during which the licensee is exercising the privileges authorized by his or her license on the premises.
(d)CA Business and Professions Code § 25755(d) Any agents assigned to the Drug Enforcement Narcotics Team by the director shall have successfully completed a four-week course on narcotics enforcement approved by the Commission on Peace Officer Standards and Training. In addition, all other agents of the department shall successfully complete the four-week course on narcotics enforcement approved by the Commission on Peace Officer Standards and Training by June 1, 1995.
alcoholic beverages enforcement peace officer authority premises inspection licensee rights narcotics enforcement training Department of California Highway Patrol University police powers state property inspection penal provisions mislabeling of liquors drug enforcement intoxicating liquors regulation
(Amended by Stats. 1996, Ch. 305, Sec. 3. Effective January 1, 1997.)

Section § 25757

Explanation

This law allows the department to let its executive officers participate in organizations that focus on collecting and sharing information about how to regulate, control, or manage liquor effectively.

The department may authorize any of its executive officers to join or subscribe to any national association or service having as its purpose the gathering and supply of information relative to the technique of liquor regulation, control, or administration.
executive officers national association liquor regulation information supply technique of regulation liquor control liquor administration gathering information subscription authorization department authorization industry association regulation techniques control methods liquor management services
(Amended by Stats. 1955, Ch. 447.)

Section § 25758

Explanation

This law covers how witnesses in criminal cases related to illegal activities involving alcoholic beverages are compensated if a court doesn't pay them from county funds. The Department can pay them $3 for every day they attend court and cover necessary expenses. If they're traveling from outside the state, they get 10 cents per mile and $5 for each travel and attendance day.

When a person attends as a witness in any criminal case in which a person is charged with a violation of any penal provisions of the law prohibiting or regulating the sale, exposing for sale, use, possession, giving away, adulteration, dilution, misbranding, or mislabeling of an alcoholic beverage or intoxicating liquor, and the court in the exercise of its discretion does not authorize the payment of the witness from county funds under Section 1329 of the Penal Code, the department may expend any money available to it to pay him witness fees at the rate of three dollars ($3) for each day’s actual attendance and a reasonable sum for the necessary expenses of the witness, or, in the case of a witness attending from outside the State, to pay the witness the sum of ten cents ($0.10) for each mile and five dollars ($5) for each day that he is required to travel and attend as a witness.
witness fees criminal case alcoholic beverage violations intoxicating liquor adulteration misbranding out-of-state witness travel expenses witness compensation court attendance payment penal provisions sale regulation mislabeling
(Amended by Stats. 1955, Ch. 447.)

Section § 25758.5

Explanation
This law allows the department to cover the travel, food, and lodging expenses for someone who is called as a witness under a subpoena to testify at a hearing. However, these expenses cannot exceed the limits set for state employees.
In any hearing before the department pursuant to Section 24300, the department may pay any person appearing as a witness at the hearing at the request of the department pursuant to a subpoena, his or her actual, necessary, and reasonable travel, food, and lodging expenses, not to exceed the amount authorized for state employees.
witness expenses subpoenaed witness travel reimbursement lodging costs food expenses state employee limits testify at hearing witness travel costs department hearing expense reimbursement witness payments
(Added by Stats. 1997, Ch. 774, Sec. 5. Effective January 1, 1998.)

Section § 25759

Explanation

This law explains that if you need to pay a license fee by a certain date, it's considered paid on the day you either hand it over to the relevant department, the official, or mail it. If you mail it, the postmark date on the envelope counts as the payment date.

When license fees are required to be paid on or by specified dates, they shall be deemed to have been paid at the time they are filed with or paid to the department or other proper official or, if sent by mail, on the date shown by the United States postmark on the envelope containing the payment.
license fees payment deadline postmark date filing with department official payment mail payment United States postmark specified payment dates proper official envelope containing payment timely payment filing date
(Amended by Stats. 1963, Ch. 1040.)

Section § 25760

Explanation

This law explains how notices from the department can be given. They can be signed and sent by the department director or an authorized employee, either in person or through the mail. If sent by mail, the notice is considered served when it's placed in a U.S. post office, following the rules in Section 1013 of the Code of Civil Procedure.

Notice of any act of the department required by this division to be given may be signed and given by the director or an authorized employee of the department and may be made personally or by mail. If made by mail, service shall be made in the manner prescribed by Section 1013 of the Code of Civil Procedure. In case of service by mail, the service is complete at the time of deposit in the United States Post Office.
notice delivery department actions authorized employee service by mail personal delivery deposit in post office Code of Civil Procedure Section 1013 service completion department director mail notice
(Amended by Stats. 1955, Ch. 1842.)

Section § 25761

Explanation

This section explains how the money collected from alcohol-related fees and taxes in California is managed and spent. All the money goes into the Alcohol Beverage Control Fund. From there, some of it is used to refund overpayments, and the rest is either transferred to the state’s General Fund or kept for specific purposes like paying for original license fees. The money in the fund also supports the Department of Alcoholic Beverage Control for enforcing laws, and a portion is set aside for a grant program that helps cover salaries for officers. Additionally, the transfer to the General Fund acts as a substitute for certain government assessments.

All money collected as fees pursuant to this division, as payments under Section 23096, and under the excise tax provisions of this division or Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code shall be deposited in the State Treasury to the credit of the Alcohol Beverage Control Fund, which fund is continued in existence.
The money in the Alcohol Beverage Control Fund shall be expended as follows:
(a)CA Business and Professions Code § 25761(a) The amount necessary for the allowance of the refunds provided for in this division or Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code is hereby appropriated, without regard to fiscal years, to the Controller for payment of these refunds.
(b)CA Business and Professions Code § 25761(b) All money derived as payment under Section 23096 and from excise taxes under Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code remaining after compliance with subdivision (a) shall be transferred to the General Fund on the order of the Controller.
(c)CA Business and Professions Code § 25761(c) All original license fees paid on or after July 1, 1998, shall remain in the Alcohol Beverage Control Fund.
(d)CA Business and Professions Code § 25761(d) All other money collected as fees and deposited in the Alcohol Beverage Control Fund shall be allocated, upon appropriation by the Legislature, to the Department of Alcoholic Beverage Control for the enforcement and administration of the Alcoholic Beverage Control Act.
(e)CA Business and Professions Code § 25761(e) Money transferred to the General Fund pursuant to subdivision (b) shall be in lieu of any assessment that would be made on the Department of Alcoholic Beverage Control pursuant to Section 11270 and following of the Government Code.
(f)CA Business and Professions Code § 25761(f) Upon appropriation by the Legislature, the amount necessary for the support of the Department of Alcoholic Beverage Control’s grant assistance program. This amount shall be sufficient to cover the salaries and benefits of the alcohol beverage control peace officer positions dedicated to this program. However, based on the available revenue in the Alcohol Beverage Control Fund, the amount shall not be less than one million five hundred thousand dollars ($1,500,000) and not more than three million dollars ($3,000,000).
Alcohol Beverage Control Fund excise tax original license fees General Fund transfer refunds appropriation grant assistance program revenue allocation Department of Alcoholic Beverage Control peace officer salaries Section 23096 Revenue and Taxation Code Part 14 enforcement and administration fiscal years Government Code Section 11270
(Amended by Stats. 2019, Ch. 29, Sec. 73. (SB 82) Effective June 27, 2019.)

Section § 25762

Explanation

When fines or bail money are collected because someone broke the law, where this money goes depends on the type of case. If it's a felony case, the money should go to the county treasurer of the county where the court is located. For misdemeanors or infractions, the money should also go to the county treasurer, but it has to be handled according to specific rules in another law. If a case involves both a felony and a misdemeanor, it's treated as a felony case.

(a)CA Business and Professions Code § 25762(a) All fines and forfeitures of bail imposed for a violation of this division and collected in any felony case after the indictment or the legal commitment by a magistrate, or at or after the sentencing hearing, shall be paid to the county treasurer of the county in which the court is held.
(b)CA Business and Professions Code § 25762(b) All fines and forfeitures of bail imposed for violation of this division and collected upon conviction or upon forfeiture of bail, together with money deposited as bail, in any misdemeanor or infraction case, or in any felony case at the preliminary hearing or at another proceeding before the legal commitment by a magistrate, shall be deposited with the county treasurer of the county in which the court is situated and the money deposited shall be distributed and disposed of pursuant to Section 1463 of the Penal Code.
(c)CA Business and Professions Code § 25762(c) For purposes of this section, a case in which both a felony and a misdemeanor were charged shall be treated as a felony case.
fines distribution forfeitures of bail felony case misdemeanor charges infraction penalties county treasurer money deposit Section 1463 bail fines court handling location case classification
(Amended by Stats. 2012, Ch. 470, Sec. 1. (AB 1529) Effective January 1, 2013.)