AdministrationThe Department of Alcoholic Beverage Control
Section § 23049
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.
Section § 23050
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.
Section § 23051
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.
Section § 23052
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.
Section § 23053
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.
Section § 23053.1
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.
Section § 23053.5
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.
Section § 23054
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.
Section § 23055
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.
Section § 23056
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.
Section § 23057
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.
Section § 23058
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.