Licenses and FeesRights and Obligations of Licensees
Section § 23355
Section § 23355.1
This law section allows specific activities concerning the handling and delivery of distilled spirits and wine by various licensed entities. It permits licensees to deliver distilled spirits from their own premises or from a local warehouse to retail licensees, with exceptions for out-of-state deliveries to importers. Manufacturers and certain agents can store and handle spirits owned by others, but not deliver to retailers. Wholesalers can store and deliver for other licensees, except to retailers. Large retail licensees, with high auction sales, can auction and deliver wine, whether vintage or not, from their premises or other storage.
Section § 23355.2
This law section talks about hotels and motels with licenses to sell alcohol, allowing them to use special locked cabinets in guestrooms for selling alcoholic drinks to adult guests. These cabinets have to be secured and can only be accessed by the adult guests, not minors. Employees handling these drinks must be at least 21 years old, and the cabinets cannot be restocked between 2 a.m. and 6 a.m. Hotels can sell small bottles of spirits from these cabinets if they have the right licenses and permits, or even without the permit if they have both on-sale and off-sale licenses. The law also allows these cabinets to include non-alcoholic drinks and food, as long as the alcohol is separated and secured. A 'hotel' or 'motel' under this law means a place where guests stay, like inns.
Section § 23355.3
This law allows businesses with licenses to sponsor or participate in nonprofit events alongside other sponsors, but with specific rules. Payments for sponsorship must go to the nonprofit, and there are limits on what nonretail licensees can give to permanent retail licensees. Nonretail licenses can advertise their involvement but can't promote retail prices or receive extra perks. Donations of alcohol can follow other specific rules, and records of participation must be kept for three years. The nonprofit still needs proper permits for the event.
Section § 23356
If you have a manufacturer’s or winegrower’s license in California, you're allowed to make and produce the type of alcoholic beverage mentioned in the license. You can also package, mix, and export it, regardless of whether you or someone else made it. You're permitted to sell these beverages but only to people or places with specific licenses, like wholesalers or agents. You can also handle warehouse receipts related to your licensed beverage.
Section § 23356.1
If you have a winegrower’s license, you’re allowed to host wine tastings of your own wine, whether they happen at your vineyard or somewhere else. But if the tasting takes place elsewhere at a private nonprofit event, you can’t sell wine there, although you can complete sales back at your vineyard. If you've been running a wine tasting and sales setup since before July 1970, you can keep doing that even if you sell wines not under your brand. The same goes for winegrowers licensed before July 1954 who’ve been selling and tasting imported wines. The state department can set rules to manage these activities.
Section § 23356.2
This law allows people aged 21 and over to make beer or wine at home for personal or family use, without needing a license, as long as it's not for sale. You can make up to 100 gallons a year if there’s one adult in the home, or 200 gallons if there are two or more adults. The beer or wine can be used in competitions, exhibitions, or tastings, and can also be donated to nonprofits for fundraising under certain conditions. However, it cannot be sold for profit. Homebrewers can share their creations at special club events hosted by certain licensed venues, but general public consumption at these events is not allowed. Nonprofit organizations focused on home brewing may also serve donated home-brewed beer at their educational and fundraising events, but they have limitations on permits and event membership. Overall, the section ensures homebrewed alcohol is not commercialized and is consumed in a controlled environment.
Section § 23356.3
This law allows an out-of-state wine producer to provide American wine they've made for tastings at events held by private nonprofit groups, but only if their home state gives the same wine tasting rights to California wine producers. They need to inform the department and receive approval first and also provide proof that their state offers similar privileges to Californian producers.
Section § 23356.5
This law explains what someone with a wine blender's license in California can and cannot do. While they can do most things a person with a winegrower’s license can, they cannot make wine from fruits, get duplicate winegrower licenses, deal with unauthorized people for wine transactions, sell wine directly to consumers for off-premise consumption, or have on-sale privileges, which means selling wine to be consumed where it's sold.
Section § 23356.6
This law states that all the rules that apply to people who make wine, like winegrowers and their employees, also apply to those who blend wine and their employees, unless there's a specific exception mentioned elsewhere.
Section § 23356.7
This law says that the rules in this section do not apply to past actions; they won't change the rights of someone who already has a winegrower's license when the law takes effect. Also, it ensures that current licenses can still be renewed or transferred between people or places.
Section § 23356.8
This law states that if someone has a license to blend wine, they cannot also have a license to sell wine as a retailer, and vice versa. Additionally, if you hold one type of license, you cannot have any ownership or stake in a business with the other type of license.
Section § 23356.9
If you have a wine blender's license, this law specifically states you cannot hold or organize wine tasting events, whether they're on your property or somewhere else.
Section § 23357
This law outlines what beer manufacturers in California can do on their premises. They can sell their own beer to consumers and other license holders, both for on-site and off-site consumption. In certain 'entertainment zones,' they can let consumers leave with open alcohol if specific rules are followed. Beer makers can also produce and sell cider or perry, which are considered types of wine, to those authorized to sell wine. At private events, they can serve any beer or wine, but must buy it from licensed wholesalers if they didn't produce it themselves. Additionally, they can hold retail licenses to sell beer and wine not just produced by them but acquired legally from wholesalers.
Section § 23357.1
This law explains how beer can be imported into California. If the beer is made outside of California but still within the United States, it must come from someone with a special certificate called an 'out-of-state beer manufacturer’s certificate,' and it must be delivered to a licensed importer in California. However, if a California beer maker has a good license, they can bring their own beer into the state from their out-of-state plants without needing this certificate.
Section § 23357.2
This section explains that out-of-state beer manufacturers can get a certificate to sell in California if they agree to follow all state laws and regulations related to alcohol sales. This includes allowing the state to inspect their records and documents whether they are inside or outside California. If the manufacturer doesn't follow the rules, the state can suspend or revoke their certificate after a hearing, with the location of the hearing decided based on convenience.
Section § 23357.3
If you make or bottle beer in the U.S. and have the proper license, you can host beer tastings on your property or at nonprofit events where attendees are connected to the nonprofit. However, you can't sell beer at these tastings. You can even give the beer away for free. Nonprofits can't be colleges or related clubs, and the organizations hosting these events need a special permit. The rule about who can attend includes the organization's core members and a few guests.
Section § 23357.4
This law allows an incorporated beer manufacturer's trade association to host beer tastings for public education purposes. These events can have up to 100 participants and must not sell or promote beer sales during the tasting. Beer can be provided for free by licensed manufacturers to the trade association. Nonprofit sponsors must not be community colleges or similar institutions. A permit is required for each event, and the department can put additional rules in place.
Section § 23358
This law section explains the specific privileges winegrowers have in selling and serving wine and brandy. They can sell these beverages to licensed sellers and directly to consumers for drinking on or off their property. Winegrowers can also serve beer, wine, and brandy in restaurants on their property. In entertainment zones, they can let customers leave with open containers following certain rules, but cannot deliver alcohol within these zones. Additionally, winegrowers must produce at least half of the wine they sell on-site and can host private events. Finally, local government land use rules can further restrict these privileges. Yet, the government can deny some privileges if they're too close to schools or churches, or not in the public's best interests.
Section § 23358.2
This law allows a winegrower or brandy manufacturer to sell wine or brandy directly to consumers at their licensed location. However, they can only sell products they produce or have produced and packaged specifically for them, and these must be sold under a brand they own. Importantly, this rule does not change their rights to have licenses to sell beer and wine elsewhere.
Section § 23358.3
This law allows a wine grape grower with a storage license to store their bulk wine at a licensed winegrower's location. The grower can then sell this wine within the state to specific buyers like winegrowers, distilled spirits manufacturers, brandy makers, wine blenders, and vinegar producers.
Section § 23359
Section § 23360
Brandy manufacturers with the proper licenses in California are allowed to sell their brandy and wine directly to consumers for them to take away and drink elsewhere. They can also sell these beverages to others who hold licenses to sell brandy and wine.
Section § 23361
If you have a brandy manufacturer's license, you can sell grape or fruit brandy and wine spirits to licensed wine growers to help them make wine or alcohol for the U.S. Government. You can also sell beverage brandy directly to consumers, but only for them to drink elsewhere, not on your property.
Section § 23362
This section allows licensed winegrowers and brandy manufacturers in California to have a license to sell their products directly to consumers for off-premises consumption, meaning customers can buy and take the products home. It clarifies that these licenses conform to specific regulations outlined in another part of the law. Additionally, this rule ensures that existing rights from 1959 regarding these licenses are preserved, so nobody loses their previously held licenses due to these rules.
Section § 23363
This law allows licensed manufacturers in California who distill spirits to sell their products to other licensed sellers of spirits, but there are some exceptions. If a license was issued after a specific time in 1959 or if the manufacturer hasn't regularly sold to retailers, this rule doesn't apply. Also, manufacturers can sell brandy to licensed brandy sellers.
Section § 23363.1
This law allows distilled spirits manufacturers and craft distillers in California to hold tasting events for their spirits, whether the tastings occur on their premises or at events sponsored by nonprofit organizations. For tastings held at nonprofit events, the distillers cannot sell or solicit sales, and the nonprofit must get a permit. On-site tastings must adhere to specific rules: each person can only receive up to 1.5 ounces per day, only products made by the licensee can be served, and no one under 21 can serve the drinks. Tastings can be free, but the licensee is responsible for any legal violations related to over-serving alcohol.
Section § 23363.2
This law allows out-of-state distilled spirits manufacturers to appoint a licensed distributor in California to conduct tastings of their products at nonprofit events. The tastings have to be off the distributor's regular business premises, and attendees must be affiliated with the nonprofit sponsor. These tastings are for sampling only, meaning no sales or sales pitches can happen. The distributor is allowed to offer the spirits for free during these tastings. Nonprofits hosting these events can't include schools or their clubs/fraternities, and they must get a permit from the state first. The state department can create additional rules as needed to manage this process.
Section § 23363.3
This law allows brandy manufacturers in California to host tastings of their own brandy, whether at their facilities or offsite. They cannot sell or try to sell brandy during these tastings at events unless the event organizer has a proper permit. Nonprofit organizations eligible to sponsor such events cannot be educational institutions or related clubs. At the manufacturer’s premises, tastings are limited to small servings and a maximum of six samples per person daily. Only approved products can be tasted, and those serving must be over 21. Brandy can be provided for free, but the manufacturer can charge for tastings on their own property. However, they must still follow other alcohol-related legal responsibilities.
Section § 23364
This law states that when distilled spirits manufacturers in California sell their products to businesses that have a license to sell alcohol, whether the alcohol is consumed on the premises or taken away, they have to follow the same rules as wholesalers when it comes to selling and delivering spirits. Additionally, they must comply with the same tax obligations related to the distilled spirits excise tax as outlined in tax regulations.
Section § 23365
This law says that corporations or limited partnerships involved in making distilled spirits and required to keep certain records can't give out these spirits to shareholders or partners as dividends or profit returns. However, they can sell alcoholic beverages to specific licensed individuals like manufacturers or wholesalers.
Section § 23366
This law allows someone with a distilled spirits manufacturer's agent's license to do several things. They can store spirits in warehouses, export them, and alter them by cutting, blending, or adding flavors and colors. They can also package and sell these spirits, but only to certain other licensed holders. Importantly, they don't have to actually do any spirit alterations to qualify for this license.
Section § 23366.1
This law means that a manufacturer of distilled spirits, or someone working for them, isn't allowed to try to get a consumer to buy their spirits from a certain retailer. However, if the manufacturer or their agent has a license that lets them sell directly to consumers, they can still make those sales as allowed by the license.
Section § 23366.2
This law allows companies outside California to ship distilled spirits to licensed importers within the state, but only if they have a special certificate. Each company can only have one of these certificates, and it ensures that importers only get spirits from legally certified shippers.
Section § 23366.3
If you're a company from outside California that wants to ship distilled spirits into the state, you need a special certificate. To get this certificate, you must promise to follow all California laws about selling alcohol. You also need to let California officials look at your business records, no matter where they are kept. If you break the rules, your certificate can be suspended or revoked, but you'll have the chance to explain yourself at a hearing.
Section § 23366.5
This law section allows certain license holders, such as winegrowers or brandy manufacturers, to ask for orders of wine or brandy that they are allowed to sell. They can do this on behalf of other licensed sellers who are also allowed to sell these alcoholic beverages within the state.
Section § 23367
This law allows a person with a still license to have a specified number of stills (equipment for distilling alcohol) at a particular location indicated in their license.
Section § 23368
This law permits someone with a rectifier's license to modify and sell alcoholic drinks like spirits and wine. They can blend, mix, or flavor these drinks after the tax has been paid. Additionally, they can package, label, export, and sell these products to others with licenses to sell spirits.
Section § 23368.1
This law explains what a distilled spirits rectifier's general license allows. Holders can cut, blend, rectify, mix, flavor, color, package, label, export, and sell distilled spirits, dealing specifically with related manufacturers and wholesalers. However, you can't have this license if you also have a stake in a business with on-sale or off-sale licenses for traditional alcohol sales. Though, you can have this license at the same location as other spirit-related businesses. The license fee is $276, paid to the Alcohol Beverage Control Fund, and there’s no limit on how many of these licenses can be issued.
Section § 23369
If you want a rectifier's license, you need to be bottling your own distilled spirits when the license is given or renewed, or you must start within 30 days after. At least half of the spirits you bottle should be yours.
Section § 23370
This law says that individuals involved in bottling distilled spirits, which are owned only by other agents, rectifiers, wholesalers, or manufacturers, can still get a license to be a distilled spirits manufacturer's agent. It's clearing up that a current rule doesn't prevent this type of licensing.
Section § 23371
If a person or business processes spirits and also sells them like a wholesaler, they must follow all the rules that apply to spirit wholesale license holders.
Section § 23372
This law section allows someone with a wine rectifier's license to modify and deal with wine in certain ways, like blending or adding flavors, as long as taxes have been paid on it. They can then package, label, export, and sell this wine to others with the right licenses. A wine rectifier can also apply for additional licenses, like those to import wine or handle distilled spirits. However, they cannot hold a retail license for selling directly to consumers.
Section § 23373
This law explains what a California winegrower's agent's license allows. It permits agents to store California-produced wine and brandy, sell or arrange sales to wholesalers, handle invoicing and payments for the winegrower, and perform services as authorized under specific sections that apply to the winegrower's operations.
Section § 23373.1
If you have a wholesaler or retail license for alcohol in California, you normally can't also have a license to be a winegrower's agent. However, if you've been a main distributor for a winery for over 20 years before this rule started, you can keep the license to be a winegrower’s agent along with your existing licenses for wholesaling beer, wine, and spirits.
Section § 23373.2
In California, if you’re a winegrower or make brandy, you can only have one agent representing you.
Section § 23373.4
This law allows someone with a California winegrower’s agent’s license to give out samples and create marketing materials like wine lists and ads for the wine or brandy they represent for a wine producer or brandy maker.
Section § 23373.5
Section § 23374
If you have an importer's license for alcoholic drinks, you're allowed to bring in the types of alcohol listed on your license, ship them out, and even move them under a different license you have.
Section § 23374.5
This law allows a person with a distilled spirits importer's general license to bring in distilled spirits from other places and to sell them to various entities involved in the spirits business, such as manufacturers, agents, wholesalers, and other importers.
Section § 23374.6
This law allows people with a beer and wine importer's general license to import beer or wine. They can also sell beer or wine, for which state taxes have been paid, to specific groups like beer manufacturers, wine growers, wholesalers, wine rectifiers, and other importers with the same type of license.
Section § 23375
This law allows a public warehouse to store alcoholic drinks for other licensed businesses, including storage in special bonded warehouses and wine cellars. It also lets the warehouse get extra licenses to store alcohol in more locations, granting the same privileges as the original license at each location.
Section § 23375.5
This law says that if someone already has any kind of license to sell alcohol directly to consumers, either at a place like a bar or a store, they can't also get a license to import distilled spirits. It's about preventing certain business conflicts of interest in the alcohol industry.
Section § 23375.6
If you have a license to import beer and wine, you can't hold or have any interest in a business that sells alcohol at retail, like a bar or liquor store. Likewise, if you have a retail liquor license, you can't get a beer and wine importing license.
Section § 23376
This law section explains that a customs broker with the right license can handle alcoholic beverages that are brought into California under certain bonds. They can transfer these to licensed importers, export them, and even take possession and export other alcoholic beverages acquired from licensed manufacturers or wine growers for export purposes.
Section § 23377
A wine broker’s license allows someone to act as an agent, for a fee, to help buy or sell wine for others. However, the broker can't buy or sell wine for themselves, store it in their name, or take ownership of it. They must have a genuine authorization from a licensed seller or buyer before making any deals. Also, they must follow any rules set by the relevant department.
Section § 23378
If you have a wholesaler's license for alcohol in California, you can sell that alcohol only to people who also have the right licenses. You're also allowed to export the alcohol.
Section § 23378.1
This law specifies that a California brandy wholesaler's license can only be given to those who already have a beer and wine wholesaler's license. It allows them to sell and export California-made brandy but imposes certain conditions. They must maintain a significant stock of brandy worth at least $100,000 in a warehouse, and if they have multiple locations, a lesser stock is required at the additional sites. The brandy must be sold to a wide range of retailers, not just a select few, with specified guidelines for what constitutes selling generally. A licensee can only sell brandy under one brand from a single winegrower. They also have to offer a full product line of wines from the winegrower they represent. There is no limit to the number of these licenses that can be issued, and the annual fee for the license is $276.
Section § 23378.2
This law allows a wholesaler or importer, who deals only with wine, to also have a license to sell wine directly to consumers for off-site consumption. However, they can't sell any other types of alcoholic drinks from the same premises.
Section § 23378.05
In California, beer wholesalers must follow several rules when selling or offering beer for sale. They need written agreements with beer manufacturers outlining sales territories and must file prices with the state. They also must have and keep a certain amount of beer stocked in their warehouse, which needs to be either owned or leased. Beer must be received, stored, sold, and delivered only from the wholesaler's licensed warehouse. Additionally, all beer sales must be conducted with equipment the wholesaler owns or rents, and they cannot sell on consignment. Wholesalers cannot sell beer just to retailers who have an interest in the wholesaler's business. These rules ensure a transparent and fair beer distribution system in the state.
Section § 23379
A beer and wine wholesaler with a proper license can label, bottle, or package wine but must follow the State Department of Public Health's rules. However, they aren't allowed to sell or deliver wine in containers provided by the consumer.
Section § 23380
This law allows someone with an industrial alcohol dealer's license to sell and transport undenatured ethyl alcohol, which is alcohol not meant for drinking, in large quantities for use in various trades and industries.
Section § 23381
This law explains what certain alcohol-related businesses can do with warehouse receipts, which are documents that give someone ownership of goods stored in a warehouse. Businesses like manufacturers, wine growers, and wholesalers can trade these receipts with each other if they're all licensed to sell the type of alcohol the receipt covers. They can also sell receipts for California-made brandy to businesses in other states for storage and eventually shipping elsewhere. Additionally, people who had these receipts before May 1, 1941, can sell them to licensed businesses under department rules.
Section § 23382
If you offer to sell or agree to sell distilled spirits that are stored in containers larger than one gallon and the ownership is noted in a warehouse receipt, it's considered as selling the warehouse receipt itself.
Section § 23383
This law allows certain types of alcohol-related businesses in California, like manufacturers and wholesalers, to sell and transfer their alcohol products without needing an extra license. They can transfer ownership of the alcohol when it's stored in specific types of bonded warehouses within the state. These businesses can also sell alcohol to people who will take it out of state, following rules set by the department.
Section § 23384
This law allows licensed beer, wine, and brandy manufacturers, as well as certain other alcohol-related businesses, to sell their products to people who live or work in specific areas like military bases, national parks, veterans homes, and Indian lands in California. These sales are in addition to what their license already allows them and must follow specific rules set by the relevant department.
Section § 23385
Section § 23386
This section explains who can give out free samples of alcoholic beverages. If you're a producer, importer, or wholesaler, you can give away samples under certain rules from the department. However, retail stores generally can't, except for some exceptions. If you own a bar or restaurant that sells wine or spirits, you can give small tastings as part of customer education about the drinks. There are limits: up to three tastings per person per day, with size restrictions on each tasting—for spirits, that's a quarter-ounce, and for wine, an ounce.
Section § 23387
This law allows wholesalers and rectifiers to sell alcoholic beverages to customers who will transport these beverages out of the state within 90 days of purchase. They must follow specific regulations set by the department.
Section § 23388
If you produce or distribute beer and have a license, you can sell beer directly from your business location. You are also allowed to deliver and sell beer from your trucks or wagons to other businesses that are legally allowed to sell beer.
Section § 23389
This law allows a beer manufacturer to get duplicate licenses to operate additional locations besides their main production site. These branch offices can't produce beer, but they can sell beer or offer tastings at up to eight locations, with certain conditions on public eating places. Only beer made by them, or in special cases, bought from wholesalers, can be served. A temporary permit can be granted while waiting for the duplicate license, but it doesn't have the same privileges. If operations at the branch change, it requires notification and approval to expand privileges. Existing branch locations can keep operating under the rules as they were before the law came into effect.
Section § 23390
This law allows licensed winegrowers or brandy manufacturers to use their licenses at locations other than their main production site, like branch offices or warehouses, but they cannot make wine or brandy or sell it for on-premises consumption at these additional locations. Additionally, they can obtain a duplicate of their original license for these other sites. For those who held multiple licenses before January 1, 1981, they are allowed to transfer duplicate licenses among their original licenses, provided they cancel the original license from which the duplicate is moved. However, no new duplicate licenses can be acquired after that date.
Section § 23390.5
This section explains the rules for winegrowers or brandy manufacturers who have licensed branch offices. A licensed branch office could be a warehouse or a U.S. bonded wine cellar that is not at the main production site. These businesses are allowed to sell wine or brandy, or conduct wine tastings, at no more than two branch locations. This rule does not affect existing locations as of January 1, 1966, or any renewals or transfers of those licenses, nor does it affect any branches opened to replace an existing one.
Section § 23391
If a business breaks a law or rule at one of its branch offices, the authorities will investigate that specific location. If the violation is related only to that branch, they will handle it without penalizing the main business operations or other locations. Essentially, any penalties or actions taken will be focused just on the branch where the issue happened.
Section § 23392
This law states that if there's a violation related to beer or wine manufacturing at a specific location, any penalties or decisions made by the department will focus only on the activities at that location and the specific role that was involved in the violation, like manufacturing or selling. Other branches or licenses that didn't take part in the violation won't be affected by the ruling unless they were directly involved.
Section § 23393
This law allows a store with a specific license to sell beer and wine directly to customers, but not for those customers to resell it. The beer can be sold in any container, while the wine has to be sold in packages with each sale being 52 gallons or less. It’s specifically for drinking somewhere else, not at the place where it's bought.
Section § 23393.5
This law allows a special wine license for selling wine directly to customers without a storefront. Sellers can only use direct mail, phone, or internet sales, and must handle the wine themselves from either their own licensed premises or a licensed warehouse. The wine must go straight to consumers in quantities no more than 52 gallons per sale, and it can't be resold. Sellers must follow certain regulatory requirements, though some exceptions apply. The department can add rules as needed for the public's safety.
Section § 23394
This law allows stores with an off-sale general license to sell distilled spirits directly to customers for home consumption. These spirits can't be resold, except to people holding a special type of temporary license for events. The size and packaging of the spirits must meet federal guidelines.
Section § 23394.5
This law states that if you have an off-sale general license to sell alcohol, you can only sell in more than one room or building if those spaces are next to each other and people can move between them without going outside onto a public street or sidewalk. The only exception is if another section, 23106, allows it.
Section § 23394.7
If you have an off-sale license, you can't let customers buy alcohol at self-checkout stations in your store.
Section § 23395
This law allows the sale of small packages, less than one-half pint, of certain products like bitters, flavoring, or medicinal items that are considered distilled spirits for tax reasons, by businesses with an off-sale general license.
Section § 23396
This law explains the rules for selling and consuming alcoholic drinks on premises with an on-sale license. Drinks can be consumed there, but to serve anything other than beer, the place must meet certain rules. If the venue is in an entertainment zone, you can take drinks outside if you follow specific conditions, such as selling only during certain hours and within the entertainment area. Open containers must not be taken out in glass or metal. Deliveries within the zone aren't allowed except to homes or private businesses. Each year, the venue must state if they want to allow open containers in the zone, and existing restrictions can limit these privileges.
Section § 23396.1
This law allows certain hotels and motels to sell alcohol on their premises under specific conditions. These places, called restricted service lodging establishments, can offer alcohol in guestroom minibars, include alcohol costs in room prices, and sell beer and wine in sealed containers from a designated food area. To qualify, they can't have a restaurant, must have at least 10 rooms, and alcohol sales can be no more than 5% of their total revenue. They can't sell alcohol to the general public, obtain a catering permit, or sell alcohol off-site. The license can be transferred to a new owner, but not to a new location.
Section § 23396.2
This law allows specific cultural museums and educational centers in Napa and Sonoma Counties to sell and serve alcoholic drinks both on-site and off-site. In Napa, the site must be a nonprofit with property worth at least $45 million and include specific facilities like a kitchen and library. In Sonoma, the demands are similar, but the property value minimum is $10 million. These venues can hold unlimited catered events, but must give up their own alcohol sales rights during those events. The license can be transferred to qualified individuals but not different locations. Alcohol must only be purchased from a wholesaler or winemaker, but licensees can receive donated wine. Various alcohol producers can invest in these venues, as long as they don't provide more than 15% of the alcohol brands sold at these places.
Section § 23396.3
This law describes a brewpub-restaurant license in California. It allows restaurants to brew and sell their own beer and other alcohol on-site. The restaurant must have at least a seven-barrel brewing system and produce a specified amount of beer annually. They can't exchange or sell alcohol to other restaurants or manufacturers under common ownership. Beer must be available for on-site or off-site consumption. They are required to keep detailed records of beer production and sales. Additionally, they can donate beer to nonprofits, but limitations on sales apply, especially related to license transfer fees and applications submitted after 2019.
Section § 23396.5
If a restaurant or place with a license to sell alcohol serves you a bottle of wine that you don't finish, you're allowed to take the unfinished bottle home with you. This applies to places like restaurants, certain bars, and wineries that sell wine to drink on the spot.
Section § 23396.6
This law allows businesses with an off-sale retail license to get a special instructional tasting license to hold tasting events for alcoholic beverages at their store. However, it can't be issued to places that sell fuel unless their retail area is large enough or to shops with small retail space unless most of their sales come from alcohol. During these events, the tasting area must be separated from the rest of the store, and no one under 21 can enter. People can't take open containers out of the tasting area, and no alcohol can be sold for drinking on-site during the event. Tastings can only happen between 10 a.m. and 9 p.m. Certain existing rules about licenses do not apply, but others still do.
Section § 23397
This law allows alcoholic beverages to be served on trains, boats, and airplanes with the appropriate on-sale licenses, but only to passengers or off-duty employees. Boats with a special beer license can serve beer during fishing trips, but not while at the dock.
Section § 23398
This law allows businesses that are licensed to sell alcohol on-site to buy and possess small packages of bitters or other preparations that are categorized as distilled spirits for tax purposes. These items can be used for flavoring, aroma, or medicinal reasons.
Section § 23398.5
If you have a license to sell wine at your establishment, you can also sell soju and shochu. This includes both the imported versions from Korea and Japan, and those made in the U.S., as long as they have no more than 24% alcohol and are made from agricultural products.
Section § 23398.7
This law allows alcoholic beverages to be sold in certain large arenas in Inglewood, California between 2 a.m. and 4 a.m. if specific conditions are met, such as obtaining a permit. The initial permit fee is $2,000, and renewing it costs $1,500 annually. The fees collected support the Alcohol Beverage Control Fund. The California Department of Alcoholic Beverage Control can create rules to manage this provision, which will expire on January 1, 2030.
Section § 23399
This law explains how businesses with certain liquor licenses in California can sell alcohol at special events. An on-sale general license allows alcohol sales for on-site consumption. Businesses with these licenses can apply for special permits to sell alcohol at events like conventions or picnics. The law also allows for event permits to sell alcohol adjacent to the business for up to four days a year. Fees for these permits depend on the event size, and all sales must first get approval from the department and local law enforcement. Permits can be renewed annually and transferred with the license. A caterer’s permit can’t be used for more than 36 events at the same place in a year unless there's high public demand.
Section § 23399.01
This law allows a beer manufacturer in California to apply for a special caterer’s permit to sell up to 124 gallons of beer per event at public gatherings like conventions or picnics, as long as it stays on-site. The manufacturer must keep sales records for three years and get approval from local law enforcement for each event. Fees for these permits depend on event size, and a manufacturer can’t have more than two permits for the same event or more than 36 events in one year. Annual permit fees align with other license fees, and the permit can be renewed or transferred. Violations could lead to losing the permit or license. All collected fees contribute to the Alcohol Beverage Control Fund.
Section § 23399.1
This law states that you don't need a license or permit to serve alcohol if no money is exchanged, the event is private, and the place isn’t mainly used for alcohol consumption. However, this doesn't allow violation of other alcohol laws.
Section § 23399.2
This law allows certain places with a special alcohol license to operate as clubs. These clubs must follow specific rules from another section, but they can still qualify for the license even if they make money or if the property is not owned by the club members.
Section § 23399.3
This law allows hospitals, nursing homes, and retirement homes to get a special license to sell or serve beer and wine to their patients or residents. The alcohol must be bought from registered beer and wine suppliers, and the license can't be transferred to another person or used to sell alcohol for people to take with them. Importantly, this rule doesn't mean these places need a license just to serve alcohol they've bought from a regular store. Also, the term "rest home" includes apartment buildings that only rent to people 62 and older and provide meals.
Section § 23399.4
This law lets winegrowers in California apply for a permit to sell and offer tastings of their wine at certified farmers' markets. They can only sell wine made from their own grapes, and the permit is valid for up to a year but only one day per week at each market location. Tasting events at these markets must be separate from other areas, and people can't leave with open wine containers. Winegrowers can't give away free items during tastings and are limited to selling 5,000 gallons of wine per year through these permits. They must report their sales annually to the state. There's a fee for obtaining this permit.
Section § 23399.5
This law says that you don't need a special license or permit to serve alcoholic beverages in certain situations. For example, if you're operating a limousine service, serving alcohol in a hot air balloon ride, or offering beer or wine at a barber or beauty shop, you don't need a license as long as the cost of the service doesn't increase because you're serving alcohol. Specific rules apply, like the establishment being licensed properly and beer or wine being served within certain limits. An apprenticeship program for bartending or mixology also doesn't need a license if it meets certain criteria, such as having students taste but not consume the drinks, and ensuring the program is approved.
Section § 23399.6
This law allows winegrowers with a proper license to get a special permit to sell their bottled wine at certain events, like fairs or cultural gatherings, for off-site consumption. The event must be primarily for something other than wine sales, and the permits can be used no more than twice a month at the same location. Winegrowers must get permission beforehand, notify local authorities, and follow specific rules, including volume limits of 5,000 gallons annually or 1,250 gallons per event. The organization hosting the event can charge for the booth space, and if the event is expected to have 1,000 or more attendees, multiple winegrowers should be allowed to participate. The permit can be renewed and transferred with the winegrower’s primary license, and the department overseeing this may create additional rules as needed.
Section § 23399.7
This law allows golf courses to sell alcoholic drinks from golf carts that operate on their premises, as long as they have the proper license.
Section § 23399.45
This law allows licensed beer manufacturers to apply for a permit to sell their beer at certified farmers' markets or community events in their county or an adjacent county. These permits also allow for beer tasting at these events under certain conditions. Only one beer manufacturer can hold a tasting per event, and the tasting area must be clearly separated. Sales are limited to once a week per market, and manufacturers can't sell more than 5,000 gallons of beer annually at these events. The permits are valid for up to 12 months, and local authorities must be informed of all permit issuances.
Section § 23399.52
This section talks about a special type of alcohol permit for facilities located partly in Placer County, California, and partly in Washoe County, Nevada. To qualify, the facility must include a restaurant, casino, conference center, and hotel and have specific size requirements. The permit allows alcohol sales to be treated as Nevada sales and includes exceptions to some California laws, such as the need to keep certain records on-site and others related to where alcohol can be bought or restrictions typically applied to licenses. Although certain rules are waived, the annual license fees are the same as regular on-sale licenses. This law was uniquely created for this cross-border situation and doesn't count towards the general cap on licenses in California.
Section § 23399.65
This law allows a licensed beer manufacturer to apply for a brewery event permit, which lets them sell beer on nearby property they control. They need to secure this area and get local law enforcement approval for each event. The permit has an annual fee, can be renewed with the manufacturer's license, and is part of the license if it's transferred. They can organize up to four events a year, and must follow all rules for selling beer. Fees collected go into a state fund for alcohol control. The licensing department can also make rules to manage this law.
Section § 23400
This law explains that a general license for selling alcohol in a place like a bar or restaurant allows you to buy and store certain amounts of distilled spirits, like whiskey, gin, or vodka, as long as they follow federal size regulations. However, you can't buy any of these spirits in packages smaller than six ounces, and certain spirits can't be bought in smaller than one-tenth gallon packages.
Section § 23401
If you have a license to sell beer and wine for consumption on the premises (an on-sale license), you can also sell those beverages for customers to take off the premises (an off-sale license). However, this doesn't apply to certain temporary licenses. Also, having this type of license does not allow you to label, bottle, or package alcoholic beverages yourself.
Section § 23401.5
This law allows certain restaurants and alcohol manufacturers with on-sale licenses to sell alcoholic beverages for take-home consumption, under specific conditions. These include using secure packaging, limiting sales to two drinks per meal, and ensuring that the drinks are sold with a bona fide meal. The beverages must be ordered and picked up by the consumer, not delivered, and buyers need to show ID. Establishments must display a warning about open container laws. The Department of Alcoholic Beverage Control can restrict or impose conditions on these sales for good reasons, which can be contested by the establishment. This law is valid until the end of 2026 when it will be repealed.
Section § 23402
This law says that businesses with retail licenses to sell alcohol, except for certain daily license holders, can only buy alcohol for resale from other businesses that have specific licenses like beer manufacturers, wine growers, or wholesalers.
Section § 23402.5
This law states that retail stores cannot sell beer bought directly from a beer manufacturer if certain conditions aren't met. First, if the beer manufacturer hasn't filed a proper price list for that area, the retailer can't sell it. Second, if the beer's purchase price is different from the filed price list, it's not allowed. Lastly, beer marked 'Not Packaged for Resale' can't be sold by the retailer. This doesn't change any other beer pricing requirements already set in Chapter 12.
Section § 23403
This law says that no retail store, other than a pharmacy or drug store approved by the California State Board of Pharmacy, can sell or have any alcohol that is stronger than 60% without a special medical prescription. If a store breaks this rule, it's committing a misdemeanor, which is a type of crime.
Section § 23404
This law makes it illegal for a salesperson to help or encourage breaking any rules in this section or to knowingly take part in any rule-breaking, whether directly or indirectly.
Section § 23405
This law mandates that corporations with a license in this area keep an updated list of their shareholders at their main office in California. They must report to the relevant authority any transfer or issuance of shares that results in someone owning 10% or more of the company's stock, changes in corporate officers, or changes in the board of directors within 30 days. Corporations that already report similar information to the federal government can use the same report for this purpose. This section doesn't apply to companies listed on major stock exchanges, financial institutions with licenses, or those reporting to the SEC. The authority can deny, suspend, or revoke licenses if any officer or large stakeholder is problematic as if they were licensees themselves.
Section § 23405.1
This law requires limited partnerships in California with a license to keep a register of their limited partners at their main office for inspection. If a partner’s share in the partnership reaches 10% or more, or if there are any changes in who the general partners are, the partnership must report these changes to the state within 30 days. If they have to report similar information to the federal government, they need to send a copy to the state as well. The state can deny, suspend, or revoke licenses if any partner-related issues arise that would justify disciplinary action if they were a licensee. The partnership can keep this information digitally as long as it can be easily read during inspections.
Section § 23405.2
If a limited liability company (LLC) in California has a license under this law, it must keep a record of its members at its main office in the state, which should be available for official inspection. The LLC must inform the department in writing if memberships are issued or transferred, leading to someone owning 10% or more of the company's voting interests. They also need to report changes in managers or officers within 30 days. LLCs can send duplicate reports to the state if they already report the same information to the federal government, unless they file reports with the SEC. When applying for a license, the LLC must certify whether any key people have any conflicting ownership interests. The department can deny or revoke a license if there's any misconduct or prohibited ownership interests. Additionally, organizational documents and changes must be filed with the department, and these requirements are on top of other state LLC regulations.
Section § 23405.3
If a corporation, limited partnership, or LLC owns 10% or more of a business with a certain license, they must report any changes in ownership, management, or control, just like they would if they were the license holder themselves.
Section § 23405.4
This law says that if you're investing in a private equity fund that has a stake in a licensed business, you don't automatically need a license as long as specific conditions are met. Firstly, the fund's role is purely for investment, meaning they can't manage or control the licensed business. Secondly, the fund's advisors must be registered and comply with certain federal regulations. Thirdly, individual investors can't own more than 10% of the fund and cannot influence the fund's investment choices. Private equity funds are defined here as those invested in securities but excluding certain kinds of funds like hedge funds or real estate funds. The manager might need to provide a sworn statement that these conditions are met and notify if anything changes. Importantly, this law doesn't allow you to hold a license interest through this type of investment if not otherwise allowed.