Alcoholic BeveragesAuthorized Unlicensed Transactions and Exemptions
Section § 23100
If someone has legally obtained alcoholic beverages but their license to sell alcohol is revoked, suspended, surrendered, or not renewed, they can still sell their stock. However, this sale must be supervised and follow the rules set by the relevant department, specifically to other licensed sellers of alcohol.
Section § 23101
Banks and financial institutions can sell alcoholic beverages or related warehouse receipts, which they hold as collateral, to licensed resellers. However, they must first get permission from the relevant department.
Section § 23102
This law explains what happens to certain business licenses if the person who holds the license passes away, can no longer manage their own affairs, or declares bankruptcy. For a short time, a surviving partner on the license or someone representing the person's estate can use the license. If there’s no such person, the allowed time to use the license is extended, but it can eventually be transferred to another party with special authority. There’s a possibility to extend this period if a reason is provided. Also, if there's a pending transfer application, those managing the license can keep using it until a decision is made. Lastly, anyone using the license for someone who owed taxes must file a bond, effectively stepping into their tax responsibilities.
Section § 23104
If an insurer or a company that transports goods agrees to cover losses for shipping alcohol and has received approval, they can take and sell damaged alcoholic beverages that they have insured. They can only sell to businesses that are licensed to sell alcohol. This only applies to alcoholic drinks owned by licensed sellers and insured by the company authorized to sell them. The damaged drinks must be clearly marked as coming from a catastrophic event, like fire or an accident, and must have a label indicating they weren't labeled by the original manufacturer.
Section § 23104.1
This law says a wine retailer in California can return wine to the seller, but the seller can't sell any more wine to that retailer for a year after accepting the return unless one of several conditions apply. These conditions include returning wine for an identical exchange, following a court order, if the wine is discontinued, or there was a delivery mistake. Wine can also be returned if it's damaged or its quality has deteriorated. Special rules apply for wine returns after 15 days or when a business has ceased operations. There are also rules for returning wine to a seller from temporary or seasonal licensees.
Section § 23104.2
This law outlines the conditions under which retailers can return beer to wholesalers or manufacturers in California. Generally, beer can only be returned if it was delivered incorrectly, such as a wrong brand or size, and it must be exchanged within 15 days. There are exceptions allowing returns from seasonal or temporary licensees at the end of their license term, or for beer brands that are discontinued or recalled due to health or safety issues. Returns are also allowed if a retailer's license is revoked or not renewed, or if an organization with a temporary license or a catered event returns unsold beer. Special rules apply for proper record-keeping and inventory management in such cases.
Section § 23104.3
If you own a store that sells spirits, you can return or exchange them under certain conditions. You can return spirits to the wholesaler or maker you got them from, or their successor if they've stopped operating. If there's no successor, you can return to another approved wholesaler or maker. You can also swap a package of spirits for the same brand with any producer or wholesaler, even if you didn't originally buy it from them.
Section § 23104.4
This law allows executors or administrators of estates, as well as guardians or conservators, to sell alcoholic beverages that are part of the estate's inventory. They can sell these beverages to licensed sellers following set regulations. Additionally, they can sell bottled wine to non-licensees, provided the sale follows specific legal guidelines.
Section § 23104.5
This law allows a sheriff or another person appointed by the court to sell alcoholic drinks to satisfy a legal judgment or a court order. They can sell these drinks to businesses licensed to sell alcohol. Additionally, bottled wine can be sold to people without a license if it complies with specific rules.
Section § 23104.6
If you don't have a license and you own vintage wine that you bought from a store, you can sell it to someone who is allowed to sell wine, but you must label each bottle with a note saying it came from a private collection. Vintage wine here means white, rose, or sparkling wine that's at least five years old or red wine that's at least ten years old.
Section § 23105
This law allows a warehouse operator to sell alcoholic drinks to get back money owed to them, but they can only sell to people who are officially allowed to sell alcohol. The warehouse must also inform the relevant department about when and where the sale will happen before it occurs.
Section § 23106
This law clarifies where different types of alcoholic beverages can be stored in California. Wine and bulk brandy can be stored in bonded facilities without needing a special license for the storage provider. Beer and wine with state excise taxes paid can be stored anywhere in the state without special licenses. Other alcoholic beverages need to be stored in private or public warehouses within the same county as the licensee or in certain approved bonded warehouses if outside the county. An application fee of $170 is required for private warehouse approval, which can be adjusted by the department.
Section § 23107
If you want to buy alcohol in California to use or ship it outside of the state, you can do so without needing a special license. However, you need to follow certain rules and make sure to ship it out within 90 days of buying it.
Section § 23108
If you have a business in another state, you can buy brandy made and stored in California without needing a special California license. After buying it, you can export it under specific rules. Also, when this brandy is sold to out-of-state buyers, it won't be taxed with the usual excise tax.
Section § 23109
Alcoholic drinks that are just passing through the state and are in the hands of transportation companies don't have to follow the usual state alcohol laws. The state can ask for paperwork to confirm this, and they might want to see the drinks when they come into and leave the state. If someone refuses to do the paperwork or let the state check the drinks, they could be charged with a minor crime.
Section § 23110
This section states that the rules in this division don't apply when it comes to making, selling, or using a type of alcohol called completely denatured ethyl alcohol or special denatured ethyl alcohol, as defined by U.S. laws.
Section § 23111
This law allows tax-free ethyl alcohol to be used for scientific research or medical purposes as long as it's regulated by the U.S. Treasury Department. It can be used by government agencies, universities, research labs, hospitals, and sanitariums.
Section § 23112
This law says that using tax-free or industrial alcohol is allowed for making certain products like medicines, flavorings, and toilet items, as long as these products can't be consumed as beverages. These products include medicinal, pharmaceutical, antiseptic products, toilet products, flavoring extracts, syrups, food products, and scientific, chemical, or industrial products.
Section § 23113
This law says that alcohol can be sold tax-free in packages of at least half a pint for certain uses mentioned elsewhere. If alcohol is sold to pharmacists for making prescriptions, it has to be in the same package size, but the seller must report and pay a specific tax. Only those with the right license for selling alcohol to businesses can make these sales.