Section § 23660

Explanation

If alcoholic drinks are sent into California from another state, postal services can refuse to deliver them. If they do, those drinks might be given to a state department and then taken by the state permanently.

Postal authorities may refuse delivery of any shipment of alcoholic beverages originating outside this State. Postal authorities may turn alcoholic beverages over to the department. The alcoholic beverage when received shall be forfeited to the State.

Section § 23661

Explanation

Bringing alcohol into California from outside the state is usually only allowed by authorized transporters delivering to licensed importers. However, there are some exceptions. Alcohol can be moved between in-state licensees even if it briefly leaves the state. An adult can bring in small amounts for personal use without needing a license, especially when returning from abroad or certain areas near Nevada. Military members can ship personal amounts from overseas under special conditions. Distilled spirits manufacturers may also transport their products to California using their own vehicles, but only if they have the right licenses and the spirits are from within the U.S.

(a)CA Business and Professions Code § 23661(a) Except as otherwise provided in this section, alcoholic beverages shall be brought into this state from without this state for delivery or use within the state only by common carriers and only when the alcoholic beverages are consigned to a licensed importer, and only when consigned to the premises of the licensed importer or to a licensed importer or customs broker at the premises of a public warehouse licensed under this division.
(b)CA Business and Professions Code § 23661(b) The provisions of this chapter are not applicable in the case of alcoholic beverages which are sold and delivered by a licensee in this state to another licensee in this state, and which in the course of delivery are taken without this state through another state without any storage thereof in such other state.
(c)CA Business and Professions Code § 23661(c) The provisions of subdivision (a) are not applicable in the case of a reasonable amount of alcoholic beverages brought into this state by an adult from without the United States for personal or household use, except that a California resident returning to the United States by a vehicle that is not a common carrier, or any adult entering the United States as a pedestrian, shall be restricted to the amount of alcoholic beverages which are exempt from the payment of duty in accordance with existing provisions of federal law. These alcoholic beverages shall be exempt from state licensing restrictions.
(d)CA Business and Professions Code § 23661(d) The provisions of subdivision (a) are not applicable to incidental amounts of alcoholic beverages brought into this state by an adult for personal use from a hotel that is jointly located within the jurisdictions of this state and Nevada.
(e)CA Business and Professions Code § 23661(e) The provisions of subdivision (a) are not applicable in the case of alcoholic beverages shipped into this state from without the United States by an adult member of the Armed Forces of the United States, serving outside the confines of the United States, for their personal or household use within the state in such quantity of alcoholic beverages as is exempt from the payment of duty under existing provisions of the Federal Tariff Act or regulations. These alcoholic beverages may be brought into this state only by common carrier and consigned to the premises of a licensed importer or customs broker, or to a licensed importer or customs broker at the premises of a public warehouse licensed under this division. Notwithstanding any other provisions of this division, the holder of an importer’s license, a customs broker’s license, or a public warehouse license, may make delivery of such alcoholic beverages as may be brought into this state under the provisions of this paragraph directly to the owner thereof upon satisfactory proof of identity. This delivery shall not be deemed to constitute a sale in this state.
(f)CA Business and Professions Code § 23661(f) A manufacturer of distilled spirits shall transport such distilled spirits into this state in motor vehicles owned by or leased to the manufacturer, and operated by employees of the manufacturer, only if all of the following apply:
(1)CA Business and Professions Code § 23661(f)(1) The distilled spirits are transported into this state from a place of manufacture within the United States.
(2)CA Business and Professions Code § 23661(f)(2) The manufacturer holds a California distilled spirits manufacturer’s license.
(3)CA Business and Professions Code § 23661(f)(3) Delivery is made to the licensed premises of such distilled spirits manufacturer.

Section § 23661.1

Explanation

This law allows an adult on a private charter flight within the continental U.S. to bring up to one quart of alcohol into California for personal or household use. This alcohol does not have to follow state licensing rules, but you can only bring one quart in a calendar year.

Notwithstanding any other provision of law, an adult passenger on board a chartered airplane on a flight which commences and terminates in the continental United States and which does not land outside the continental United States, may bring not to exceed one quart of alcoholic beverages into this State for household or personal use. Such alcoholic beverages shall be exempt from state licensing restrictions. No person shall bring in more than one quart of alcoholic beverages during any calendar year pursuant to the authority granted in this section.

Section § 23661.2

Explanation

This law allows individuals or retail liquor license holders in states that allow Californians the same shipping privileges to send up to two cases of wine (with each case holding no more than nine liters) per month to adults in California for personal use. These shipments are not considered sales within California. The shipping boxes must be clearly labeled to show they can’t be delivered to minors or drunk people.

Notwithstanding any other law, an individual or retail licensee in a state that affords California retail licensees or individuals an equal reciprocal shipping privilege, may ship, for personal use and not for resale, no more than two cases of wine (no more than nine liters each case) per month to any adult resident in this state. Delivery of a shipment pursuant to this subdivision shall not be deemed to constitute a sale in this state.
The shipping container of any wine sent into or out of this state under this section shall be clearly labeled to indicate that the container cannot be delivered to a minor or an intoxicated person.

Section § 23661.3

Explanation

This California law lets licensed wine producers apply for a permit to ship wine directly to consumers in California for personal use, as long as they are at least 21 years old. To ship wine, producers must file an application, pay fees, and adhere to labeling and signature requirements. They must also comply with recycling regulations and report sales and taxes if they're out-of-state shippers. If not compliant, the permit can be suspended or revoked. Unauthorized direct shipments without a permit are illegal and considered a misdemeanor.

(a)CA Business and Professions Code § 23661.3(a) Notwithstanding any law, rule, or regulation to the contrary, any person currently licensed in this state or any other state as a winegrower who obtains a wine direct shipper permit pursuant to this section may sell and ship wine directly to a resident of California, who is at least 21 years of age, for the resident’s personal use and not for resale.
Before sending any shipment to a resident of California, the wine direct shipper permitholder must:
(1)CA Business and Professions Code § 23661.3(1) File an application with the department.
(2)CA Business and Professions Code § 23661.3(2) Pay the application fee as specified in subdivision (a) of Section 23320 if the winegrower is not currently licensed by the department.
(3)CA Business and Professions Code § 23661.3(3) Provide the department its California alcoholic beverage license number or a true copy of its current alcoholic beverage license issued by another state.
(4)CA Business and Professions Code § 23661.3(4) Obtain from the department a wine direct shipper permit.
(5)CA Business and Professions Code § 23661.3(5) Obtain a seller’s permit or register with the State Board of Equalization pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code.
(6)CA Business and Professions Code § 23661.3(6) Register with the Department of Resources Recycling and Recovery as a beverage manufacturer and distributor, as those terms are defined in the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500) of the Public Resources Code).
(b)CA Business and Professions Code § 23661.3(b) A wine direct shipper permit authorizes the permitholder to do all of the following:
(1)CA Business and Professions Code § 23661.3(b)(1) Sell and ship wine to any person 21 years of age or older for their personal use and not for resale.
(2)CA Business and Professions Code § 23661.3(b)(2) Ship wine directly to a resident in this state only in containers that are conspicuously labeled with the words: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.”
(3)CA Business and Professions Code § 23661.3(b)(3) Ship wine only if the permitholder requires the carrier to obtain the signature of any individual 21 years of age or older before delivering any wine shipped to an individual in this state.
(4)CA Business and Professions Code § 23661.3(b)(4) If the permitholder is located outside of this state, report to the department no later than January 31 of each year, the total amount of wine shipped into the state during the preceding calendar year under the wine direct shipper permit.
(5)CA Business and Professions Code § 23661.3(b)(5) If the permitholder is located outside of this state, pay to the State Board of Equalization all sales and use taxes, and excise taxes on sales to residents of California under the wine direct shipper permit. For excise tax purposes, all wine sold pursuant to a direct shipper permit shall be deemed to be wine sold in this state.
(6)CA Business and Professions Code § 23661.3(b)(6) If located within this state, provide the department any necessary additional information not currently provided to ensure compliance with this section.
(7)CA Business and Professions Code § 23661.3(b)(7) Permit the department or the State Board of Equalization to perform an audit of the wine direct shipper permitholder’s records upon request.
(8)CA Business and Professions Code § 23661.3(b)(8) Be deemed to have consented to the jurisdiction of the department or any other state agency and the California courts concerning enforcement of this section any related laws, rules, or regulations.
(c)CA Business and Professions Code § 23661.3(c) A wine direct shipper permitholder shall comply with the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500) of the Public Resources Code), including, but not limited to, the reporting and payment provisions applicable to the permitholder as a beverage manufacturer and distributor. If the permitholder fails to comply with Section 14560 or 14575 of the Public Resources Code, the department may suspend or revoke the wine direct shipper permit in the manner provided for in this section.
(d)CA Business and Professions Code § 23661.3(d) A wine direct shipper permitholder located outside of the state may annually renew its permit with the department by paying an annual fee as specified in subdivision (b), and adjusted pursuant to subdivisions (d) and (e) of Section 23320 and providing the department with a true copy of its current alcoholic beverage license issued by another state. A wine direct shipper permitholder located in California shall renew its wine direct shipper permit in conjunction with its master license. For purposes of this section, “master license” means a winegrower’s license issued by the department.
(e)CA Business and Professions Code § 23661.3(e) The department, the State Board of Equalization, and the Department of Resources Recycling and Recovery may promulgate rules and regulations to effectuate the purposes of this law.
(f)CA Business and Professions Code § 23661.3(f) The department may enforce the requirements of this section by administrative proceedings to suspend or revoke the wine direct shipper permit, and the department may accept payment of an offer in compromise in lieu of suspension as provided by this division. Any hearing held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code against a permitholder outside of California shall be held in Sacramento.
(g)CA Business and Professions Code § 23661.3(g) Sales and shipments of wine direct to consumers in California from winegrowers who do not possess a current wine direct shipper permit from the department are prohibited. Any person who knowingly makes, participates in, transports, imports, or receives such a shipment is guilty of a misdemeanor pursuant to Section 25617.

Section § 23661.5

Explanation

If you make wine or beer in another U.S. state, you can bring it into California if you own or lease the vehicle for at least 30 days or use a contract carrier. You must deliver it to someone licensed to receive such products, either directly or through a licensed customs broker at a public warehouse. You also need a specific permit to transport alcohol between states.

A person who manufactures or produces wine or beer outside of this state, but within the United States, in accordance with the requirements of the laws of the United States, may transport such wine or beer into this state, in a vehicle owned and operated by the manufacturer or producer or operated by him pursuant to a lease the term of which is not less than 30 days, or by contract carrier, for delivery to a licensee who is authorized under this division to import the wine or beer into this state, if:
(a)CA Business and Professions Code § 23661.5(a) The delivery is made at the premises of the licensee or to a licensee or a licensed customs broker at the premises of a public warehouse licensed under this division; and
(b)CA Business and Professions Code § 23661.5(b) The manufacturer or producer holds a manufacturer’s interstate alcoholic beverage transporter’s permit under Section 32110 of the Revenue and Taxation Code.

Section § 23661.6

Explanation

If you're a licensed wine producer in California and you send wine to another state, you can bring some or all of that wine back to your California location using your own vehicles. Once the wine is back, you’ll need to follow certain tax and revenue rules.

A licensed winegrower who in the course of business exports wine from this State to another state, may subsequently return to his licensed premises in this State all or any portion of such wine in private vehicles owned or under the control of the winegrower. Any wine so returned shall be subject to the provisions of Section 32175 of the Revenue and Taxation Code.

Section § 23661.7

Explanation

If you buy wine in California from specific licensed sellers but then take it out of the state for use elsewhere, you can return any or all of that wine back to the place you bought it without needing a special license. You can even use your own car to do this. Just keep in mind that certain tax rules will apply when you return the wine.

(a)CA Business and Professions Code § 23661.7(a) A person who has purchased wine from a licensed winegrower, the holder of a beer and wine wholesaler’s license and an off-sale retail license that only sells wine, or the holder of a limited off-sale retail wine license, has taken delivery of that wine within this state for delivery or use without the state, and has removed that wine from the state, may return all or any portion of that wine to the premises of the licensee from whom the wine was purchased. To make a return the purchaser need not obtain any license in this state, and may return the wine in a vehicle owned or controlled by the purchaser.
(b)CA Business and Professions Code § 23661.7(b) The provisions of Section 32175 of the Revenue and Taxation Code shall apply to any wine so returned.

Section § 23662

Explanation

This law says that if a shipment is originally sent to someone without a proper license, it can still be considered as sent to a licensed importer if, before it is delivered and while still with the delivery company, it is redirected to a licensed importer. This redirection can be done by the person sending or receiving the shipment.

A shipment shall be deemed to be consigned to a licensed importer, although originally consigned to a person not so licensed, when the shipment is, before delivery and without leaving the possession of the common carrier transporting it, reconsigned or diverted in transit by either the consignor or consignee to a licensed importer to whom final delivery by the common carrier is made.

Section § 23663

Explanation

If alcohol is shipped to somewhere inside the state, the law assumes it's meant to be used or delivered within the state.

Alcoholic beverages which are consigned to a destination within this State shall be presumed to be for delivery or use within this State.

Section § 23664

Explanation

This law states that transportation companies, like railroads and airlines, do not need a special license to import alcoholic beverages into California for sale exclusively to passengers or off-duty employees during their journey. Additionally, these companies can carry any unsold alcohol back out of the state as part of their regular operations without needing an importer's license.

A railroad, sleeping car, dining car, boat, or steamship company or air common carrier carrying interstate or foreign passengers on trains, boats, or airplanes shall not be deemed to be an importer or subject to an importer’s license for bringing into this State alcoholic beverages for the purpose of sale within this State on the trains, cars, boats, or airplanes on which the alcoholic beverages are brought into this State exclusively to passengers or employees not on duty, and for carrying the same alcoholic beverages or any unsold portion thereof out of this State in due course of operation.

Section § 23666

Explanation

If alcoholic drinks are brought into the state against the rules set out in Sections 23661 to 23664, the authorities will confiscate them.

Alcoholic beverages imported into this State contrary to the provisions of Sections 23661 to 23664, inclusive, shall be seized by the department.

Section § 23667

Explanation

If you're a transportation company bringing alcohol into California, you need to get a receipt from the licensed person importing the alcohol. This receipt has to be on a special form provided by the department. If the person receiving the alcohol won't provide the receipt or show their license, the transportation company isn't responsible for what happens with the alcohol.

Common carriers transporting alcoholic beverages into this State for delivery or use within this State or common carriers making delivery of alcoholic beverages so transported shall obtain from the licensed importer or customs broker a receipt on a form prescribed by the department for the alcoholic beverages so transported and delivered. If the consignee refuses to give the receipt and show his license to the carrier, the carrier is relieved of all responsibility for delivery of the alcoholic beverages.

Section § 23668

Explanation

If someone receives a shipment of alcohol but isn't a licensed importer or customs broker, or if they refuse to show their license and acknowledge receipt, the carrier must inform the state department in Sacramento with all details about the shipment. Within 10 days, the alcohol should be handed over to the department and will be taken by the state.

Subject to the provisions of Section 23662, whenever the consignee is not a licensed importer or customs broker or whenever the consignee refuses to give his receipt and show his license, the carrier shall immediately notify the department at Sacramento giving full details as to the character of shipment, point of origin, destination, and address of the consignor and consignee, and within 10 days the alcoholic beverages shall be delivered to the department and shall be forfeited to the State.

Section § 23669

Explanation

This law says that if the state sells seized or forfeited alcoholic beverages, they must first use the money from the sale to pay any outstanding shipping and storage fees for those drinks. After these costs are covered, they can then subtract the cost of the sale and any state taxes owed.

If any alcoholic beverages seized under Section 23666 or forfeited under Section 23668 are sold by or under the direction of the department, the common carrier’s unpaid freight and storage charges accruing on the shipments of the alcoholic beverages shall be satisfied out of the proceeds of any sale made by the State after deducting the cost of the sale and any excise taxes accruing thereon.

Section § 23670

Explanation

If someone breaks the rules mentioned in this article, they're committing a misdemeanor, which is a type of minor crime.

Every person violating the provisions of this article is guilty of a misdemeanor.

Section § 23671

Explanation

If you want to import beer into California, the seller outside the state needs a special certificate from the department. To get it, they must promise to send a monthly report showing how much beer they shipped to California beer importers. They also need to follow California's alcohol laws as if they're licensed here. If they don't send the report or follow certain rules, their certificate can be taken away after a hearing. Getting the certificate doesn't cost anything and it stays valid until it's revoked.

No beer importer shall purchase any beer not manufactured within the state or cause any beer to be transported into the state for sale in the state, unless the out-of-state vendor making shipment of the beer into the state holds a certificate of compliance issued by the department. A certificate of compliance shall be granted when the out-of-state vendor makes a written agreement with the department to furnish to the board, on or before the 10th day of each month, a report on a form prescribed by the board, showing the quantity of beer shipped by the out-of-state vendor to each licensed beer importer in this state during the preceding month. The out-of-state vendor shall further agree that it and its agents and all agencies within this state controlled by it will comply with all laws of this state and all rules of the department with respect to the sale of alcoholic beverages, including, but not limited to, Chapter 12 (commencing with Section 25000) of Division 9, and Section 25509, to the same extent as licensees.
If any out-of-state vendor, after obtaining the certificate, fails to submit the report or to comply with Section 14575 of the Public Resources Code, the department may suspend or revoke the certificate of compliance in the manner provided for the suspension or revocation of licenses, and after a hearing which shall be held in the City of Sacramento or in any other county seat in this state which the department determines to be convenient to the holder of the certificate. No fee shall be charged for the certificate of compliance which shall remain in effect until revoked by the department.

Section § 23672

Explanation

If you're a licensed importer in California, you can only buy or receive distilled spirits if the brand's owner or their agent says you're an authorized importer for that brand. The spirits must first go to your warehouse or an approved one before being sold to retail stores.

A licensed importer shall not purchase or accept delivery of any brand of distilled spirits unless he is designated as an authorized importer of such brand by the brand owner or his authorized agent. Such distilled spirits imported into California shall come to rest at the warehouse of the licensed importer or an authorized warehouse for the account of such licensed importer, before sale and delivery to a retail licensee.

Section § 23673

Explanation

This law makes sure that brand owners of distilled spirits can't charge California wholesalers or rectifiers more for their products than they charge wholesalers in other states. This rule aims to prevent unfair pricing within California. It requires accounting for all discounts, rebates, and other incentives when determining the lowest price offered elsewhere. However, it allows price differences if they are due to state excise taxes, fees, or actual delivery costs. If this law is broken, those affected can sue for damages or stop the violator from continuing the practice. Any court ruling against a violator may lead to their license being suspended or revoked. This law does not apply to California brandy, and such manufacturers aren’t required to file related affidavits.

No brand owner of distilled spirits or his agent shall sell any brand of distilled spirits to a wholesaler or rectifier in this state at a price higher than the lowest price at which such brand of distilled spirits is sold by such brand owner or his agent to any wholesaler or rectifier during any calendar month anywhere in any other state or in the District of Columbia or to any state or state agency which owns or operates retail distilled spirits stores.
In determining the lowest price for which any brand of distilled spirits is sold in any other state or the District of Columbia or to any state or state agency which owns and operates retail distilled spirits stores, appropriate reduction shall be made to reflect all discounts, all rebates, allowances, and other inducements of any kind whatsoever offered or given to any such wholesaler or state, or state agency, as the case may be, purchasing such brand of distilled spirits in such other state or in the District of Columbia or to the state or state agency which owns or operates retail distilled spirits stores; provided that nothing in this section shall prevent differentials in price which make only due allowance for differences in state excise taxes and fees and the actual cost of delivery. As used in this section, the term “excise taxes and license fees” shall mean the excise taxes imposed or the fees required by any state or the District of Columbia.
A violation of this section shall be remediable only by a civil action for damages or an action to enjoin a brand owner or his agent from continued violation brought by any person suffering loss as a result of such violation. A judgment in any such action rendered against a licensee shall be deemed grounds for the suspension or revocation of the violator’s license pursuant to Chapter 7 (commencing with Section 24200) of this division.
For the purposes of this section, “distilled spirits” does not include brandy produced in California. No California brandy manufacturer or his agent shall be required to file an affidavit pursuant to this section for California brandy.