Section § 25170

Explanation

In simple terms, this law makes it a minor crime (a misdemeanor) if someone delivers, has, or possesses distilled spirits in a container that doesn't clearly show on its label the amount of liquid, its alcohol strength, and who made, changed, imported, or sold it. If this information is part of the glass container itself, that's okay, and they are following the rule.

Any person who delivers to the premises of any on- or off-sale general licensee, or any on- or off-sale general licensee who has upon his licensed premises, or any person who possesses any distilled spirits the container of which does not bear a label plainly indicating the quantity and proof strength of the contents and the name of the manufacturer, rectifier, importer, or wholesaler thereof is guilty of a misdemeanor. To the extent that such information is blown into the glass of the container, it constitutes a compliance with this section.

Section § 25171

Explanation

If someone who works with or sells distilled spirits—a rectifier, wholesaler, or a general license holder—delivers, sells, or keeps spirits that don’t match federal packaging standards, they can be charged with a misdemeanor. These standards are set under the Federal Alcohol Administration Act.

Any rectifier or wholesaler of distilled spirits who delivers to the premises of any on- or off-sale general licensee or any on- or off-sale general licensee who sells or has in his possession at the licensed premises distilled spirits in packages containing standards of fill for distilled spirits which do not conform in all respects to the federal standards established pursuant to the regulations issued under the Federal Alcohol Administration Act (27 U.S.C. Secs. 201 et seq.) and any amendments thereto is guilty of a misdemeanor.

Section § 25171.1

Explanation

This law states that the rules in Section 25171 don't apply to sightseeing, tourist, or charter boats that have licenses to sell alcohol onboard and are regularly used for public enjoyment, as long as they can carry 100 or more passengers.

The provisions of Section 25171 shall not apply to any sightseeing, tourist or charter vessels holding on-sale general licenses for boats and regularly operated for the convenience of the general public and which have a capacity of carrying 100 or more passengers.

Section § 25172

Explanation

In California, it's illegal for someone without a proper license, or certain alcohol sales license holders, to have distilled spirits in containers larger than one gallon. However, if these spirits are purchased from an authorized dealer or manufacturer specifically for professional or industrial use, it's allowed.

Any unlicensed person or any on- or off-sale general licensee who has in his possession any distilled spirits in packages or containers larger than one gallon is guilty of a misdemeanor, unless the distilled spirits have been sold and delivered to the person or licensee by the holder of an industrial alcohol dealer's, distilled spirits manufacturer's, brandy manufacturer's, or rectifier’s license for use in the trades, professions, or industries.

Section § 25173

Explanation

If you're in the business of selling large quantities of pure alcohol or spirits for industrial or professional use, you must label the packaging with your accurate name and address. Not doing so could result in a misdemeanor charge.

Any industrial alcohol dealer, distilled spirits manufacturer, craft distiller, brandy manufacturer, or rectifier who delivers undenatured ethyl alcohol or other distilled spirits in packages of more than one gallon for use in the trades, professions, or industries is guilty of a misdemeanor, unless the packages bear a label plainly stating the true and correct name and address of the industrial alcohol dealer, distilled spirits manufacturer, brandy manufacturer, or rectifier.

Section § 25174

Explanation

This law gives the department the authority to take away distilled spirits if they're being dealt with in any way that breaks specific rules. This includes selling, serving, or possessing these spirits against certain regulations.

The department may seize any distilled spirits sold, served, removed, possessed, delivered, or held in any manner in violation of Sections 25170 to 25173, inclusive.

Section § 25175

Explanation

This law makes it a minor crime to sell certain whiskey products at retail unless they have a specific percentage of straight whiskey or have been aged properly in charred oak barrels. However, it does allow the sale of unaged corn whiskey, so long as it is labeled correctly, as well as other distilled spirits like gin, brandy, and rum, as long as they aren't labeled as whiskey. It also allows Scotch whiskey and certain spirit whiskeys to be sold if they meet specific aging and content requirements.

Any person who sells at retail any potable spirituous liquor product labeled as whiskey, including blended whiskey and blends of straight whiskeys, except products containing 20 or more percent of straight whiskey or whiskeys which have been aged in charred oak containers for three or more years after distillation and before bottling is guilty of a misdemeanor, except that this section does not prohibit the sale at retail of unaged corn whiskey, when so labeled, or the sale at retail of gins, brandies, rums, cordials, liqueurs, bitters, or other distilled liquor products, or products compounded of distilled spirits and other materials, when in no wise labeled as whiskey or blended whiskey or blends of straight whiskeys, or the sale at retail of Scotch whiskeys, or spirit whiskeys containing not less than 5 percent straight whiskey, three years old or older.

Section § 25176

Explanation

If someone puts more alcohol into a bottle that already had distilled spirits, they are committing a minor crime.

Every person who refills or causes to be refilled with distilled spirits any distilled spirits container is guilty of a misdemeanor.

Section § 25177

Explanation

If you sell, try to sell, or have for sale any distilled spirits in a package that you have refilled or partially refilled, you're committing a misdemeanor.

Every person who sells, offers for sale, or keeps for sale distilled spirits in any package which has been refilled or partly refilled is guilty of a misdemeanor.

Section § 25178

Explanation

If you have a license to sell alcohol on-site, you or your employees cannot sell empty liquor bottles. While breaking this rule doesn't lead to criminal charges, you could face a fine of up to $100 or risk having your license suspended or revoked by the department.

No on-sale general licensee or any person employed by such licensee shall sell, offer for sale, or keep for sale an empty distilled spirits bottle. No criminal penalty shall be imposed for a violation of this section. For such a violation the department may impose a monetary penalty of not more than one hundred dollars ($100) or suspend or revoke a license.

Section § 25179

Explanation

This law states that only agave spirits made entirely from agaves grown in California, and without added flavors or colors, can be labeled as "California agave spirits" or similar names. It also allows the relevant department to confiscate any improperly labeled spirits and handle them according to another legal provision.

(a)CA Business & Professions Code § 25179(a) Only agave spirits produced entirely from agaves grown within California, without flavoring or coloring additives, may be labeled with the words “California agave spirits” or any combination of the words “California agave spirits,” “California agave,” or a substantially similar description. This section does not preclude the use of the word “California” to describe the location of a distillery.
(b)CA Business & Professions Code § 25179(b) The department may seize agave spirits labeled in violation of this section, regardless of where they are found, and may dispose of the spirits pursuant to Section 25355.