Restrictions on Issuance of LicensesIn General
Section § 23770
This law says that anyone who wants to run a winery or wine cellar in California must have the right kind of license, either a winegrower's or wine blender's license. This license is only for people who are qualified or already running a winery or wine cellar that meets federal standards. Basically, to legally operate such a facility, you have to have the proper federal bond and also apply for the correct California license.
Section § 23771
This law states that generally, you can't get a license to sell or distribute distilled spirits if you or anyone working for you is involved in manufacturing those spirits, unless it's a specific kind of manufacturing license.
Section § 23771.5
This law allows craft distillers with a special license to import distilled spirits. However, the spirits they import must only be used to make or produce spirits, as specified by another rule (Section 23502).
Section § 23772
If someone owns or has an interest in a license for making or selling distilled spirits, they can't also hold a license or have an interest in a craft distiller, wholesaler, rectifier, or retailer. There is an exception to this rule for certain cases, like on-sale licenses for specific venues such as clubs, veterans' clubs, and on transport like boats or airplanes, where the spirits they produce or sell aren't supplied to those venues.
Section § 23773
This law allows employees of an out-of-state distilled spirits manufacturer to seek orders for their products in California. It ensures that specific restrictions don’t limit this activity.
Section § 23774
This law allows a person to get a wholesale license for selling distilled spirits if they owned or operated a business in California that, as of July 1, 1937, had been a legitimate wholesaler for at least five years. Importantly, the main focus of their business back then had to be goods other than alcoholic beverages.
Section § 23775
This law states that you can only get an importer's license for alcohol if you already have a license to sell those types of alcoholic beverages to businesses that will resell them.
Section § 23776
This law states that generally, a wholesaler's license can't be given or renewed for those who already have a license to sell alcohol directly to consumers. However, there are exceptions: in counties with fewer than 15,000 people, a special wholesaler's license can be granted to sell to other businesses that serve alcohol. Additionally, those who had certain licenses to sell wine both directly and wholesale before 1988 can renew their wholesaler's license, but these licenses have strict rules about transferring.
Section § 23777
This law states that no off-sale general license can be renewed or issued to a wholesaler of distilled spirits if their business is located in a city with a population of 50,000 or more, as per the 1940 federal census. It also applies to wholesalers who sell to licensees in such cities.
Section § 23778
If you want to hold a license to sell distilled spirits as a wholesaler, you must always have a decent amount of spirits on hand that you've fully paid for during the license year. The amount considered 'reasonable' is decided by the department.
Section § 23779
If you want a wholesale license to sell alcoholic beverages, you have to genuinely conduct business by selling to retailers. If you stop actively running your wholesale business for 45 days, your license could be revoked. Also, if you hold a license for selling distilled spirits and don't follow certain other rules, your license can be revoked too. Selling to yourself as a retailer doesn't count as a true wholesale business, so it won't save your license.
Section § 23780
This law makes it clear that if you are a wholesaler or a rectifier dealing with distilled spirits, you can't get or renew your license if you're holding money from a retailer as a down payment for spirits you plan to deliver to them in the future.
Section § 23784
This law states that if you have a license to sell alcohol in a bar or restaurant (on-sale license), you cannot also have a license to make, distribute, or import alcohol for the same place or person. Similarly, if you have a license to make or distribute alcohol, you cannot have an on-sale license for the same place or person. The only exception is that in very small counties (fewer than 15,000 people), a wholesaler can hold an on-sale license.
Section § 23785
If a person who sells and processes alcohol or wholesales spirits wants to sell alcohol directly to customers to take home, they must sell from the same location where they process or wholesale, unless another rule allows differently.
Section § 23786
Section § 23787
Before giving a license to sell alcohol in a restaurant or similar place, the department must check if the place is set up to serve meals to the public. Hotels with at least 75 rooms, bowling alleys with at least 12 lanes, or any true restaurant can let others handle meal service if they tell the department, but the main license holder is still responsible for any rule-breaking. The place can't rent out to someone who wouldn't qualify for a license themselves. Also, places can renew, transfer, or get new licenses even if they only serve meals and drinks at ticketed events like parties or business gatherings.
Section § 23788.5
This law says that if you own a business with a license to sell alcohol, you can't hire someone to run things unless they're qualified just like the license holder needs to be. If you want the department to check if a person is qualified to manage, you need to pay a fee of $140. This fee can be changed by the department, and the money goes into the Alcohol Beverage Control Fund.
Section § 23789
This law allows the department to deny new retail licenses for selling alcohol if the location is too close to certain places. They can refuse licenses near churches, hospitals, schools, public playgrounds, or nonprofit youth centers like those for Girl Scouts and Boy Scouts. However, existing businesses transferring ownership or renewing their license aren't affected by these location rules.
Section § 23790
If a county or city has a zoning rule that doesn't allow certain business types, like a liquor store, a new retail liquor license can't be given for a location there. However, if the business was operating before the zoning rule took effect, it can keep its license as long as it stays the same type of business, keeps running continuously, and doesn't significantly change how it operates. Short closures, like for repairs or disasters, are allowed if they don't expand the business's alcohol sales area.
Section § 23790.5
This law is about how cities and counties in California can handle the sale of motor vehicle fuel together with beer and wine. It states that local laws can't prevent the sale of beer and wine at places where motor vehicle fuel is also sold, as long as the zoning rules allow each to be sold separately. Certain rules must be followed if a business wants to sell both fuel and alcohol, like not placing alcohol near the cash register or advertising alcohol at the fuel pumps. Local governments can deny permission based on health and safety reasons, and there are specific guidelines on how they can do so. If a store sells alcohol to a minor, its alcohol sales license will be suspended for at least 72 hours, though this doesn't change its operating status long-term.
Section § 23791
This law states that nothing in this particular division of the Business and Professions Code affects the authority of cities to regulate land use as outlined in specific sections of the Government Code.
Section § 23793
This law says that new licenses for selling alcohol to the public can only be issued for beer or beer and wine. Additionally, these licenses can't be moved from one county to another unless it's proven that there's a significant public need that can't be met otherwise.