Chapter 4Imports
Section § 23660
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.
Section § 23661
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.
Section § 23661.1
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.
Section § 23661.2
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.
Section § 23661.3
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.
Section § 23661.5
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.
Section § 23661.6
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.
Section § 23661.7
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.
Section § 23662
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.
Section § 23663
If alcohol is shipped to somewhere inside the state, the law assumes it's meant to be used or delivered within the state.
Section § 23664
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.
Section § 23666
If alcoholic drinks are brought into the state against the rules set out in Sections 23661 to 23664, the authorities will confiscate them.
Section § 23667
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.
Section § 23668
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.
Section § 23669
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.
Section § 23670
If someone breaks the rules mentioned in this article, they're committing a misdemeanor, which is a type of minor crime.
Section § 23671
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.
Section § 23672
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.
Section § 23673
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.