Alcoholic BeveragesGeneral Provisions and Definitions
Section § 23000
This law section officially names the group of laws that regulate alcohol in California as the 'Alcoholic Beverage Control Act.'
Section § 23001
This law is a part of California's effort to use its authority to protect public safety and well-being by overseeing alcohol-related activities. The goal is to stop unlicensed and illegal production and sale of alcohol, and to encourage responsible drinking habits. The law focuses on the importance of these issues for the state's economic, social, and moral health, and should be interpreted in a way that best achieves these aims.
Section § 23001.5
This section explains that if any part of the law is found to be invalid or can't be applied to someone or a certain situation, the rest of the law remains in effect. The law is designed to stand even if some parts are struck down, reflecting the Legislature's intention that the law should still be enforced without those parts.
Section § 23002
This law section states that unless there's a reason to interpret it differently, the definitions and rules in this chapter should be used to understand and apply the entire division.
Section § 23003
This law defines 'alcohol' as ethyl alcohol, also known as spirits of wine, regardless of how it's made.
Section § 23003.1
This law defines 'powdered alcohol' as alcohol in a powder or crystal form that people can consume directly or mix with liquids to create an alcoholic drink. It specifically excludes 'vaporized alcohol,' which is defined elsewhere.
Section § 23003.1
This section defines "powdered alcohol" as alcohol that's either sold or prepared in a powder or crystal form for drinking. It can be consumed as-is or by mixing with liquid to make an alcoholic drink. However, this term does not include "vaporized alcohol," which is defined elsewhere.
Section § 23004
This law defines what an 'alcoholic beverage' is. It includes any drink or substance with alcohol, spirits, wine, or beer that has at least 0.5% alcohol by volume. These beverages can be consumed as is or when mixed with something else. However, it specifically excludes 'powdered alcohol.'
Section § 23005
This legal text defines what "distilled spirits" are as alcoholic drinks made by distilling fermented crops. It includes various types like whiskey, rum, and gin, and their mixtures, but it specifically excludes powdered alcohol.
Section § 23006
This law defines what counts as 'beer' in California. It includes alcoholic drinks made by fermenting barley, malt, hops, and similar products in water. Types like ale, porter, stout, and lager are all covered. You can also use things like honey, fruit, and spices in brewing beer. Even if beer is aged in barrels that used to hold wine or spirits, it's still just 'beer.' However, sake, which is made from rice, does not count as beer.
Section § 23007
This law defines 'wine' as a beverage made by fermenting grapes or other agricultural products with natural or added sugar. It also covers beverages with added grape or fruit brandy, or distilled spirits from the same agricultural products, but limits them to having no more than 24% alcohol by volume and no more than 15% added flavoring, coloring, or blending materials. It includes drinks like vermouth and sake. Importantly, this definition is specifically for the purpose of this legal section and does not impact any health regulations concerning adulterated or mislabeled alcoholic drinks.
Section § 23008
This law defines 'person' broadly. It covers not just individuals, but also groups or businesses like companies, partnerships, trusts, and other organizations. It applies whether you're talking about one or many.
Section § 23009
Section § 23010
This law defines the term "taxpayer" as anyone who is required to pay taxes under a specific part of the Revenue and Taxation Code.
Section § 23011
This law defines a "salesman" as a person who asks for or takes orders for alcoholic drinks from someone who has a license.
Section § 23012
This section defines a 'beer manufacturer' as anyone who has the necessary facilities and equipment and is actively involved in making beer to sell.
Section § 23013
A "winegrower" is someone with the tools and setup needed to turn grapes, berries, or other fruits into wine, and who is actively making wine.
Section § 23013.5
This law defines a "wine blender" as someone who runs a bonded wine cellar with a permit from the U.S. government but doesn't have the necessary facilities or equipment to turn fruit into wine and doesn't produce wine on a large scale. However, if a person makes or blends 200 gallons of wine or less each year, they won't be classified as a wine blender under this law.
Section § 23014
This law defines a "brandy manufacturer" as someone who makes brandy and no other types of distilled spirits.
Section § 23015
A 'distilled spirits manufacturer' is someone who makes spirits from fermented materials, but it doesn't include a wine producer who makes spirits of wine. These spirits must be mixed with their wine, sold to certain dealers or manufacturers, or destroyed to not be considered a distilled spirits manufacturer.
Section § 23016
A "rectifier" is someone who changes the color, flavor, or character of distilled spirits through various processes like distillation or blending. However, it doesn't include places like bars or restaurants (on-sale licensees) that do this on-site for drinks consumed there.
Section § 23017
This law defines what an 'importer' of alcoholic beverages is in California. It includes anyone bringing or receiving alcohol from outside the state to be used or delivered within the state, except licensed public warehouses. It also covers licensed importers selling to non-licensees in areas under U.S. jurisdiction when delivery is made by a common carrier from outside the state. Additionally, if alcohol comes into the state without a consignee, those bringing it in are considered importers. Importers don't include customs brokers acting on behalf of licensed importers or businesses outside the state.
Section § 23018
An 'exporter' is someone who sells or sends alcoholic drinks from California to places outside the state.
Section § 23019
A "customs broker" is someone who is allowed to help import alcoholic drinks into the state for either a licensed importer or someone whose business is located outside the state. They deal with the legal paperwork and processes related to bringing these beverages through U.S. customs or under U.S. internal revenue bond.
Section § 23020
Section § 23021
A "wholesaler" is anyone, besides a manufacturer, winegrower, or rectifier, who is in the business of selling alcoholic drinks in large quantities either within the U.S. (except for its territories) or in a neighboring foreign country.
Section § 23022
Section § 23023
The term “retailer” refers to anyone who has a license to sell alcohol, whether they sell it for consumption on the premises (like a bar) or for people to take away and consume elsewhere (like a liquor store).
Section § 23024
A "Retailer’s on-sale license" refers to different types of licenses that allow businesses to sell beer and wine to customers who drink it on the premises. This includes licenses for selling only beer, both beer and wine, all types of alcoholic beverages, and licenses specifically for seasonal businesses.
Section § 23025
This law section defines 'selling' alcohol as any deal where alcoholic drinks change ownership for something in return. It covers things like delivering alcohol after an order is placed and asking for or getting an order, but it doesn't include returning alcohol to the original seller.
Section § 23026
This law explains that a 'retail sale' or 'sale at retail' refers to sales made by certain license holders directly to consumers for their personal use, not to be resold.
Section § 23027
This law defines a 'wholesale sale' as selling something to someone who has a license, like a business, specifically so they can sell it to someone else.
Section § 23028
This section defines a "package" as any type of container used for holding alcoholic drinks, which is closed off with a cork, stopper, cap, or something similar.
Section § 23029
In this law, the term "case" refers to the typical box or carton in which alcoholic beverages are packed by the manufacturer or wine grower for shipping or transfer.
Section § 23030
This law simply explains that when the term 'to bottle' or 'to package' is used, it refers to placing alcoholic drinks into any kind of container, such as a bottle or barrel.
Section § 23031
Section § 23032
'Proof spirits' are a type of alcoholic beverage that is made up of half pure ethyl alcohol. This alcohol has a specific density at 60 degrees Fahrenheit compared to water at the same temperature.
Section § 23033
In simple terms, a "proof gallon" is a measurement used to determine either a gallon of spirits at a certain alcohol strength or an equivalent volume that has the same amount of alcohol.
Section § 23034
This law defines a 'still' as any equipment that can be used to separate alcohol from mixtures. However, it excludes equipment used in labs or for producing distilled water or non-alcoholic substances.
Section § 23035
A 'private warehouse' is a location where someone with a license can store their alcohol, but not sell it, and it's separate from the main place they operate their business.
Section § 23036
A "public warehouse" is a location that's licensed to store alcohol or alcoholic beverages for other license holders but can't sell them. This includes U.S. customs bonded warehouses and U.S. internal revenue bonded warehouses if they store alcohol for another licensee.
Section § 23037
This law defines what qualifies as a 'Club' in terms of legal operations. It's a corporation or association that owns or uses a place for social or athletic purposes, not to make money. Such a club must have a real list of members who pay dues yearly, and its benefits are for its members. The club can only sell alcohol to its members and their actual guests. A guest must be someone either staying overnight or invited specifically for a special event.
Section § 23038
This law defines what a 'bona fide public eating place' is. Essentially, it's a restaurant that consistently serves real meals (not just snacks like sandwiches or salads) to paying customers in a clean, healthy environment with a proper kitchen. It should meet health department regulations and doesn't need to sell food with drinks.
Section § 23038.1
This section explains that a "bona fide public eating place" can also be places like convention centers or auditoriums that are owned by the state, cities, or public corporations. These places should regularly host groups and provide prepared meals, with a proper kitchen following health rules. Meals should be more than just sandwiches or salads, meaning typical lunch or dinner options. The venues should offer meals for events they host, but not every single day, as long as they provide meals on at least 25% of the days they're in use each year. There's no requirement to pair food with alcohol sales.
Section § 23038.2
Even though typically certain places qualify as legitimate restaurants for liquor licenses, in this case, "bona fide public eating place" can also refer to large venues like ballparks and stadiums if they serve food with proper kitchen facilities during pro sports events. The Alcoholic Beverage Control can set specific rules about the types and sizes of beer and wine that these places can sell.
Section § 23038.3
This law says that for getting a license to sell beer and wine, a 'bona fide public eating place' can also be a cooking school. The cooking school must regularly offer genuine cooking classes and have suitable kitchen facilities for teaching food preparation to qualify.
Section § 23039
This law defines what counts as 'public premises' for places that sell alcohol. It mainly includes places with certain alcohol licenses that don't serve food as their primary business, like bars that might only offer small food items alongside drinks. There are also specific exceptions where 'public premises' does not apply, such as dining cars on trains, certain clubs, theaters, and nonprofit cultural organizations that have been operating legally for over a year. Also excluded are historical parks, some stadiums, and nonprofit arts foundations.
Section § 23039.1
This law allows a place that sells beer and wine and operates as a cabaret theater to let people under 21 into their performances, but only if they’ve had their license for at least 10 years, the theater seats at least 375 people, and no alcohol is sold or consumed during the shows.
Section § 23039.5
An 'entertainment zone' is an area established by a local government where, starting from January 1, 2025, people are allowed to drink certain alcoholic drinks in public spaces like streets and sidewalks.
Section § 23040
This law simply clarifies that when the phrase “within this State” is used, it is referring to all areas that fall under the geographic boundaries of the state.
Section § 23041
In this law, the phrase "Without the State" refers to any area outside the borders of this state.
Section § 23042
The term "Board" in this context refers to the State Board of Equalization, which is responsible for managing certain excise taxes as outlined in the state's Constitution.
Section § 23043
This section defines the terms 'Department' and 'Director' specifically as referring to the Department of Alcoholic Beverage Control and its Director.
Section § 23044
This section defines "license" as a type of permit that the department is allowed to issue according to this part of the Business and Professions Code.
Section § 23045
The term “Appeals board” refers specifically to the Alcoholic Beverage Control Appeals Board.
Section § 23046
This section defines an 'air common carrier' as a person or company that operates regular air transport services between certain locations with official approval. It also clarifies that 'airplane' or 'common carrier airplane' refers to planes used by these carriers.
Section § 23047
A "scheduled flight" is a flight that follows a regular timetable and is advertised by an airline. It doesn't refer to each time a plane takes off on that route during the day.