Section § 23049

Explanation

The purpose of this law is to create a government system that enforces liquor laws in California in a consistent, honest, and fair manner across the state.

It is the intention of the Legislature in enacting this chapter to provide a governmental organization which will ensure a strict, honest, impartial, and uniform administration and enforcement of the liquor laws throughout the State.

Section § 23050

Explanation

The state government has a Department of Alcoholic Beverage Control within the Business, Consumer Services, and Housing Agency. This department is led by the Director of Alcoholic Beverage Control, who is a civil executive officer. The director is appointed and operates according to specific constitutional guidelines and receives an annual salary as outlined in another legal section.

There is in the state government, in the Business, Consumer Services, and Housing Agency, a Department of Alcoholic Beverage Control. The department shall be administered through a civil executive officer who shall be known as the Director of Alcoholic Beverage Control. The director shall be appointed and shall serve as provided in Section 22 of Article XX of the Constitution and shall receive an annual salary as provided for by Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 23051

Explanation

This law section explains that starting January 1, 1955, a department takes over the responsibilities related to alcoholic beverages from the State Board of Equalization, except for handling excise taxes from alcohol production, importation, and sales, which still belong to the Board.

All laws that apply to the Board concerning alcohol will now apply to the department, except for those concerning excise taxes.

Also, any alcohol-related licenses valid on December 31, 1954, automatically become licenses under the new department from January 1, 1955.

On and after January 1, 1955, the department shall succeed to all of the powers, duties, purposes, responsibilities, and jurisdiction now conferred on the State Board of Equalization under Section 22 of Article XX of the Constitution and this division, except the power to assess and collect such excise taxes as are or may be imposed by law on account of the manufacture, importation, and sale of alcoholic beverages in this State, which shall remain the exclusive power of the State Board of Equalization.
All other laws heretofore or hereafter applicable to the State Board of Equalization with respect to alcoholic beverages, except as to excise taxes, shall hereafter be construed to apply to the department.
Any license issued by the board and in effect on December 31, 1954, shall be deemed on and after January 1, 1955, to be a license of the department.

Section § 23052

Explanation

This law says that the rules in another part of the Government Code apply to how a particular department should behave and operate. Whenever these rules mention the 'head of the department,' they mean the director of the department for the purposes of this section.

The provisions of Chapter 2, Part 1, Division 3, Title 2 of the Government Code shall govern and apply to the conduct of the department in every respect the same as if such provisions were herein set forth at length, and wherever in that chapter the term “head of the department” or similar designation occurs, for the purposes of this section it shall mean the director.

Section § 23053

Explanation

This law states that the director of the department is in charge of hiring all employees. It also clarifies that division heads, bureau heads, and other employees must report to the director to ensure they are fulfilling their duties correctly.

The director shall be the appointing power of all employees within the department, and all heads of divisions, bureaus and other employees in the department shall be responsible to the director for the proper carrying out of the duties and responsibilities of their respective positions.

Section § 23053.1

Explanation

The director has the authority to take legal action to stop either a current or potential violation of the rules set out in this division. This includes actions against businesses that don't fix known problems after receiving notice. The lawsuit can be filed in the county where the issue is happening or likely to happen. The legal process for taking such action must follow specific procedures outlined in another section of the law, focusing on how injunctions are handled.

The director may bring an action to enjoin a violation or the threatened violation of any provision of this division, including, but not limited to, subdivision (e) of Section 24200 regarding a licensee’s failure to correct objectionable conditions following notice, or any rule promulgated pursuant to the provisions of this division. The action may be brought in the county in which the violation occurred or is threatened to occur. Any proceeding brought hereunder shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.

Section § 23053.5

Explanation

This section states that the department is responsible for investigating violations related to specific chapters and rules. To support this enforcement, certain license holders must pay an additional fee annually. The section lists the types of licenses affected and the precise fees: $24 for a Retail package off-sale general license and $52 for several other types, including rectifier's and distilled spirits licenses. These fees are due upon issuing, transferring, and renewing the licenses. The collected money goes into the Alcohol Beverage Control Fund.

The department shall have the function of investigation of violations of Chapters 10, 11 and 15 of this division and rules of the department relating thereto. To the end that such provisions are more adequately and strictly enforced, funds for support of this program shall be derived as follows: In addition to fees otherwise provided for in this division, the following amounts shall be paid to the department by holders of the following types of licenses:
(a)CA Business & Professions Code § 23053.5(a) Retail package off-sale general license ........................
$24 per year
(b)CA Business & Professions Code § 23053.5(b) Rectifier’s license ........................
$52 per year
(c)CA Business & Professions Code § 23053.5(c) Distilled spirits wholesaler’s license ........................
$52 per year
(d)CA Business & Professions Code § 23053.5(d) Distilled spirits manufacturer’s agent’s license ........................
$52 per year
(e)CA Business & Professions Code § 23053.5(e) Distilled spirits manufacturer’s license ........................
$52 per year
(f)CA Business & Professions Code § 23053.5(f) Distilled spirits importer’s general li­cense ........................
$52 per year
(g)CA Business & Professions Code § 23053.5(g) California winegrower’s agent’s license ........................
$52 per year
Payment of those amounts shall be made upon issuance or transfer of these types of licenses, and shall be made by the holders of these types of licenses at the time specified in this division for payment of annual renewal fees therefor.
The provisions of Section 23322 shall apply to the amounts to be paid under this section. All money collected from the fees provided for in this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.

Section § 23054

Explanation

This law states that when roles from the State Board of Equalization are moved to the Department of Alcoholic Beverage Control, the employees in those roles are also transferred. They'll keep their state civil service positions, but they're still bound by existing rules and regulations.

The director has the power to reorganize the department, and employees can face discipline for incompetency, inefficiency, or neglect, among other reasons. Employees can also be laid off or demoted if there's not enough funding, and all of this follows the State Civil Service Act.

All persons in the state civil service employed on the operative date hereof in the State Board of Equalization in carrying out functions transferred to the Department of Alcoholic Beverage Control by this article are transferred to the department and retain their respective positions in the state civil service, subject to the provisions of Article XXIV of the Constitution and laws continued in force thereby or adopted pursuant thereto.
The transfer of personnel made by this section shall be subject to the power of the director, in accordance with the State Civil Service Act, to reorganize the department, to discipline employees transferred for incompetency, inefficiency, inexcusable neglect of duty, prior or subsequent to the transfer, or for any other cause for discipline provided by law, and to lay off and demote employees for lack of funds, in accordance with the State Civil Service Act.

Section § 23055

Explanation

This law requires the department director to prepare and submit a report to the Legislature detailing the department’s activities, when requested. The report must include details on how funds are allocated and spent on licensing and enforcement, the status of licenses (such as issued or revoked) by category, the average time it takes to process applications, and both enforcement activities and penalties imposed. Additionally, this report must be available online and follow specific legislative guidelines when submitted.

(a)CA Business & Professions Code § 23055(a) Notwithstanding Section 10231.5 of the Government Code, upon request from the Legislature, the director shall prepare and submit to the Legislature a report on the department’s activities and post the report on the department’s Internet Web site. The report shall include, but not be limited to, the following information for any previous fiscal year requested by the Legislature:
(1)CA Business & Professions Code § 23055(a)(1) The amount of funds allocated and spent by the department for licensing, enforcement, and administration.
(2)CA Business & Professions Code § 23055(a)(2) The number of licenses issued, renewed, denied, suspended, and revoked, by license category.
(3)CA Business & Professions Code § 23055(a)(3) The average time for processing license applications, by license category.
(4)CA Business & Professions Code § 23055(a)(4) The number and type of enforcement activities conducted by the department and by local law enforcement agencies in conjunction with the department.
(5)CA Business & Professions Code § 23055(a)(5) The number, type, and amount of penalties, fines, and other disciplinary actions taken by the department.
(b)CA Business & Professions Code § 23055(b) The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.

Section § 23056

Explanation

This law requires the department to include an informational sheet, prepared by the California Highway Patrol, with each renewal notice sent to businesses holding a license to sell alcohol for consumption on their premises.

The department shall send a copy of the information sheet prepared by the Department of the California Highway Patrol pursuant to Section 2426 of the Vehicle Code with each renewal notice to any on-sale licensee.

Section § 23057

Explanation

This law requires that when a business with a license to sell alcohol receives a renewal notice, the notice includes information explaining how law enforcement may use underage people in sting operations to catch those selling alcohol to minors.

The department shall send, with each renewal notice to any on-sale or off-sale licensee, information regarding the use of persons under the age of 21 years by peace officers to apprehend licensees, or the employees or agents of licensees, who sell alcoholic beverages to persons under the age of 21 years.

Section § 23058

Explanation

This law mandates that the department must send an electronic report every quarter to the board, at no cost, to help them manage the Sales and Use Tax Law. This report details all licenses issued or transferred, including the names and addresses of the people involved, the type of license, and the date it was effective. For license transfers, it also includes the names and addresses of the original license holders. The format of the report is to be decided by both the department and the board.

In order to facilitate the board’s administration of the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), the department shall, each quarter at no cost to the board, electronically transmit to the board a report on the licenses issued or transferred pursuant to this division. The report shall include the names and addresses of all persons to whom the license is issued or transferred, the type of license issued or transferred, and the effective date of the license or transfer. With respect to transfers, the report shall additionally include the names and addresses of the transferors. The information shall be transmitted to the board in a format agreed upon by both the board and the department.