In General - Licenses And Fees - Business & Professions - CA

Section § 23300

This law states that you can't do anything that requires a specific license unless you actually have that license. In other words, you need official permission to perform activities that licensed individuals can do.

No person shall exercise the privilege or perform any act which a licensee may exercise or perform under the authority of a license unless the person is authorized to do so by a license issued pursuant to this division.

license requirement unauthorized activity privilege of licensee

Section § 23300.1

This law states that a written agreement to split revenue from the sale of alcoholic drinks between a license holder and certain fairs is generally allowed. However, the agreement is not okay if it lets someone without a license have control over the licensed business. Even with this agreement, all other related laws still apply.

(a) A written agreement regarding the sharing or splitting of gross revenue from the sale of alcoholic beverages between a licensee and a district agricultural association, the California Exposition and State Fair, a county fair, or a citrus fruit fair, in connection with the sale of alcoholic beverages during a state or county fair is not the exercise of a license privilege or performance of an act for which a license is required, unless the agreement, or any other related agreement or understanding, results in an unlicensed person exercising control or undue influence over a licensee or the operation of a licensed business.

(b) Notwithstanding subdivision (a), all other provisions of this division shall apply to the written agreement.

alcoholic beverages licensee revenue sharing

Section § 23301

This law states that if someone breaks the rules of Section 23300, it's considered a misdemeanor. However, if someone is doing things that only people with a special license for distilling alcohol (like using a still) are allowed to do, and they don't have that license, it's a more serious crime called a felony.

Any person violating Section 23300 is guilty of a misdemeanor, except that any person, without having a still license, exercising the privileges or performing any act which a still licensee may exercise or perform is guilty of a felony.

violating Section 23300 misdemeanor offense unlicensed distilling