Section § 23770

Explanation

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.

A winegrower’s license, or a wine blender’s license, whichever is appropriate to the operations to be conducted on the licensed premises, shall be issued only to, or held by, a person qualified to operate or operating a winery or wine cellar bonded under the internal revenue laws of the United States. Every person operating, or authorized under the internal revenue laws of the United States to operate, a winery or wine cellar bonded under the internal revenue laws of the United States shall apply for, and hold, a winegrower’s or wine blender’s license, as may be appropriate for operations conducted on the licensed premises.

Section § 23771

Explanation

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.

Except as provided in Section 23771.5, a distilled spirits license of any kind, except a distilled spirits manufacturer’s, a craft distiller’s, or a distilled spirits manufacturer’s agent’s license, shall not be issued to any person, or to any officer, director, employee, or agent of any person that manufactures distilled spirits within or without this state.

Section § 23771.5

Explanation

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 23771 does not prevent a licensed craft distiller from holding a distilled spirits license authorizing the importing of distilled spirits, provided, however, that any distilled spirits imported by the licensee shall only be used by the licensee to manufacture or produce distilled spirits pursuant to Section 23502.

Section § 23772

Explanation

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.

(a)CA Business & Professions Code § 23772(a) A distilled spirits manufacturer’s or distilled spirits manufacturer’s agent’s license shall not be held by any person that holds any ownership or interest, directly or indirectly, by stock ownership, interlocking directors, trusteeship, loan, mortgage, or lien on any personal or real property, or otherwise, in any craft distiller’s, distilled spirits wholesaler’s, rectifier’s, or retailer’s license.
(b)CA Business & Professions Code § 23772(b) The provisions of this section shall not apply to the financial or representative relationship between a manufacturer, winegrower, manufacturer’s agent, rectifier, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of that person, and a person holding only one of the following types of licenses:
(1)CA Business & Professions Code § 23772(b)(1) On-sale general license for a bona fide club.
(2)CA Business & Professions Code § 23772(b)(2) Club license (issued under Article 4 (commencing at Section 23425) of Chapter 3).
(3)CA Business & Professions Code § 23772(b)(3) Veterans’ club license (issued under Article 5 (commencing at Section 23450) of Chapter 3).
(4)CA Business & Professions Code § 23772(b)(4) On-sale license for boats, trains, sleeping cars, or airplanes where the alcoholic beverages produced or sold by the manufacturer, winegrower, manufacturer’s agent, rectifier, bottler, importer, or wholesaler or any officer, director, or agent of that person are not sold, furnished, or given, directly or indirectly, to the on-sale licensee.

Section § 23773

Explanation

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.

The provisions of Sections 23771 and 23772 do not prevent agents or employees of a distilled spirits manufacturer located without this State from soliciting orders for distilled spirits within the State.

Section § 23774

Explanation

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.

The provisions of Sections 23771 and 23772 do not prevent the issuance of a distilled spirits wholesale license to any person who, on July 1, 1937, owned or operated a business which for five years immediately preceding that date had maintained and operated in this State a bona fide jobbing and distributing establishment for the sale to retail dealers of goods, wares, and merchandise, the major portion of which business at a time five years preceding July 1, 1937, was goods, wares, and merchandise other than alcoholic beverages.

Section § 23775

Explanation

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.

An importer’s license shall be issued only to a person or manufacturer who holds a license authorizing the sale for resale of the types of alcoholic beverages mentioned in the importer’s license.

Section § 23776

Explanation

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.

A wholesaler’s license shall not be issued or renewed to any on-sale or off-sale licensee, except that:
(1)CA Business & Professions Code § 23776(1) A wholesaler’s license restricted to sales to on-sale licensees may be issued or renewed to an on-sale licensee in counties not to exceed 15,000 population, or
(2)CA Business & Professions Code § 23776(2) If restricted to the wholesaler’s sale of wine, a beer and wine wholesaler’s license may be renewed for the holder of an off-sale beer and wine licensee who on December 31, 1987, held an off-sale beer and wine license and a beer and wine wholesaler’s license, provided that the beer and wine wholesaler’s license restricted to the wholesaler’s sale of wine can only be transferred to the holder of a beer and wine wholesaler’s license restricted to the wholesaler’s sale of wine on the date of transfer.

Section § 23777

Explanation

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.

No off-sale general license shall be renewed or issued to a distilled spirits wholesaler whose premises are located in a city having a population of 50,000 or more, as shown by the 1940 federal census, or to a distilled spirits wholesaler who sells distilled spirits to licensees whose premises are located in any city having a population of 50,000 or more, as shown by the 1940 federal census.

Section § 23778

Explanation

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.

A distilled spirits wholesaler’s license shall not be held by any person unless at all times throughout the license year he has on his wholesale premises a reasonable stock of distilled spirits, as determined by the department, for which he has fully paid lawful money or its equivalent.

Section § 23779

Explanation

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.

No wholesale license shall be issued to any person who does not in good faith actually carry on or intend to carry on a bona fide wholesale business by sale to retail licensees of the alcoholic beverage designated in the wholesale license, and the department may revoke any wholesale license when the licensee fails for a period of 45 days actively and in good faith to engage in the wholesale business and shall revoke any distilled spirits wholesaler’s license held by any person who fails to comply with applicable provisions of Sections 23378, 23379, 23776, 23777, and 23778. Sale by a wholesale licensee to himself as a retail licensee is not the transaction of a bona fide wholesale business.

Section § 23780

Explanation

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.

No distilled spirits wholesaler’s license or rectifier’s license shall be issued or renewed to any person who holds on deposit funds obtained from any retailer, which funds were obtained for the purpose of applying them, either in whole or in part, toward the payment of any future delivery of distilled spirits to the retailer.

Section § 23784

Explanation

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.

No retailer’s on-sale license shall be issued to any person to whom, or for any premises for which, a manufacturer's, wine grower's, importer's, wholesaler's, or rectifier’s license is issued; and no manufacturer's, wine grower's, importer's, wholesaler's, or rectifier’s license shall be issued to any person to whom, or for any premises for which, a retailer’s on-sale license is issued, except that a retailer’s on-sale license may be issued to a wholesaler in counties not to exceed 15,000 population.

Section § 23785

Explanation

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.

A retail package off-sale general license, when issued to the holder of a rectifier’s or distilled spirits wholesaler’s license, shall be issued only for the same premises for which the rectifier’s or distilled spirits wholesaler’s license is issued, except as otherwise provided or permitted in this division.

Section § 23786

Explanation
This law allows a special nonprofit sales license to be granted to certain nonprofit corporations with connections to a public university that has specific agricultural courses. This license permits these organizations to manage up to 20,000 gallons of wine per year produced by the university. They can transfer, sell, and provide samples of this wine, but cannot buy wine from other sellers. Only wine produced or processed by the public university can be transferred under this license.
(a)CA Business & Professions Code § 23786(a) The department may issue a special nonprofit sales license to a nonprofit mutual benefit corporation, as described in the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code), or a nonprofit public benefit corporation, as described in the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code), that has a board membership composed of the Dean of the College of Agricultural and Environmental Sciences, or their designee, the Chair of the Department of Viticulture and Enology, or their designee, and the Chair of the Department of Food Science and Technology, or their designee, of the public university located within the county of the 28th class that includes courses in viticulture and enology in its curriculum.
(b)CA Business & Professions Code § 23786(b) A special nonprofit sales license authorizes the licensee to do all of the following:
(1)CA Business & Professions Code § 23786(b)(1) Accept the transfer of, and take title to, up to 20,000 gallons of wine per year produced by the public university described in subdivision (a), notwithstanding that the public university does not hold any license issued pursuant to this division. For purposes of this section, “produced” includes wine donated to, or purchased by, the public university for educational or experimental purposes and that are thereafter treated or processed by the public university.
(2)CA Business & Professions Code § 23786(b)(2) Sell wine received pursuant to paragraph (1) to consumers for consumption off the licensed premises or to other licensees authorized to sell wine.
(3)CA Business & Professions Code § 23786(b)(3) Give licensees samples of the wine it sells, subject to the limitations in subdivision (a) of Section 23386 and any department regulations.
(c)CA Business & Professions Code § 23786(c) The special nonprofit sales license does not authorize the licensee to purchase or otherwise obtain wine from a licensee or other manufacturer or seller of wine, except as specified in this section.
(d)CA Business & Professions Code § 23786(d) A public university, as described in subdivision (a), may transfer wine produced by the public university to a special nonprofit sales licensee.

Section § 23787

Explanation

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.

The department shall, before issuing any on-sale license for the sale of alcoholic beverages to be consumed or otherwise disposed of in any bona fide public eating place, determine whether the public eating place is equipped and maintained in good faith for sales to and consumption by the public of meals upon the premises. A hotel or motel of 75 rooms or more or a bowling center of 12 lanes or more, or any other bona fide public eating place, which hotel, motel, bowling center or bona fide public eating place is licensed and so equipped and maintained may sublet the sale and service of the meals required by Section 23038 upon notification to the department. Provided, however, that the licensee shall be responsible for any violations of this division caused or permitted by the lessee on the licensed premises. The licensee shall not sublet to a person who does not have the qualifications of a holder of a license.
Nothing in this section shall preclude the renewal, transfer, or issuance of an on-sale general license to any premises equipped and maintained in good faith for sales to and consumption by members of the public of meals upon the premises even though the operation of such premises is limited solely to the service of meals and beverages at prearranged events of a social or business nature and where admission is by ticket only.

Section § 23788.5

Explanation

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.

An on-sale licensee shall not knowingly employ any person to manage, direct, or conduct the business who does not have the qualifications required of a holder of the license. Any on-sale licensee requesting the department to make a determination of qualifications of a proposed manager shall submit with an application for such services a fee of one hundred forty dollars ($140), which shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. This fee may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320.

Section § 23789

Explanation

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.

(a)CA Business & Professions Code § 23789(a) The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail license for premises located within the immediate vicinity of churches and hospitals.
(b)CA Business & Professions Code § 23789(b) The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail license for premises located within at least 600 feet of schools and public playgrounds or nonprofit youth facilities, including, but not limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire Girls. This distance shall be measured pursuant to rules of the department.

Section § 23790

Explanation

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.

No retail license shall be issued for any premises which are located in any territory where the exercise of the rights and privileges conferred by the license is contrary to a valid zoning ordinance of any county or city. Premises which had been used in the exercise of those rights and privileges at a time prior to the effective date of the zoning ordinance may continue operation under the following conditions:
(a)CA Business & Professions Code § 23790(a) The premises retain the same type of retail liquor license within a license classification.
(b)CA Business & Professions Code § 23790(b) The licensed premises are operated continuously without substantial change in mode or character of operation.
For purposes of this subdivision, a break in continuous operation does not include:
(1)CA Business & Professions Code § 23790(1) A closure for not more than 30 days for purposes of repair, if that repair does not change the nature of the licensed premises and does not increase the square footage of the business used for the sale of alcoholic beverages.
(2)CA Business & Professions Code § 23790(2) The closure for restoration of premises rendered totally or partially inaccessible by an act of God or a toxic accident, if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages.

Section § 23790.5

Explanation

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.

(a)CA Business & Professions Code § 23790.5(a) It is the intent of the Legislature in enacting this section to ensure that local government shall not be preempted in the valid exercise of its land use authority pursuant to Section 23790, including, but not limited to, enacting an ordinance requiring a conditional use permit. It is also the intent of the Legislature to prevent the legislated prohibition of the concurrent retailing of beer and wine for off-premises consumption and motor vehicle fuel where the retailing of each is otherwise allowable.
(b)Copy CA Business & Professions Code § 23790.5(b)
(1)Copy CA Business & Professions Code § 23790.5(b)(1) No city, county, or city and county shall, by ordinance or resolution adopted on or after January 1, 1988, legislatively prohibit the concurrent retailing of motor vehicle fuel and beer and wine for off-sale consumption in zoning districts where the zoning ordinance allows motor vehicle fuel and off-sale beer and wine to be retailed on separate sites.
(2)CA Business & Professions Code § 23790.5(b)(2) On and after January 1, 1989, no city, county, or city and county ordinance or resolution adopted prior to May 5, 1987, shall have legal effect if it legislatively prohibits the concurrent retailing of motor vehicle fuel with beer and wine for off-sale consumption in zoning districts where the zoning ordinance allows beer and wine and motor vehicle fuel to be retailed on separate sites.
(3)CA Business & Professions Code § 23790.5(b)(3) On and after July 1, 1988, no city, county, or city and county ordinance or resolution adopted on or after May 5, 1987, shall have legal effect if it legislatively prohibits the concurrent retailing of motor vehicle fuel with beer and wine for off-sale consumption in zoning districts where the zoning ordinance allows beer and wine and motor vehicle fuel to be retailed on separate sites.
(4)CA Business & Professions Code § 23790.5(b)(4) This section shall not apply to a prohibition by a city, county, or city and county of the sale of beer and wine in conjunction with the sale of motor vehicle fuel if that prohibition occurs as a result of the prohibition of the combining of the sale of motor vehicle fuel with a broader class of products or uses which includes alcoholic beverages or beer and wine as a named or unnamed part of that larger class, if that prohibition was enacted before August 1, 1985.
(c)CA Business & Professions Code § 23790.5(c) Subject to the restrictions and limitations of subdivision (b), this section shall not prevent a city, county, or city and county from denying permission, or granting conditional permission, to an individual applicant to engage in the concurrent retailing of motor vehicle fuel with beer and wine for off-premises consumption pursuant to a valid conditional use permit ordinance based on appropriate health, safety, or general welfare standards contained in the ordinance if that conditional use permit ordinance contains all of the following:
(1)CA Business & Professions Code § 23790.5(c)(1) A requirement for written findings.
(2)CA Business & Professions Code § 23790.5(c)(2) A provision for an administrative appeal if the governing body has delegated its power to issue or deny a conditional use permit.
(3)CA Business & Professions Code § 23790.5(c)(3) Procedures for notice of a hearing, conduct of a hearing, and an opportunity for all parties to present testimony.
(4)CA Business & Professions Code § 23790.5(c)(4) A requirement that the findings be based on substantial evidence in view of the whole record to justify the ultimate decision.
(d)CA Business & Professions Code § 23790.5(d) Notwithstanding any other provision of law, establishments engaged in the concurrent sale of motor vehicle fuel with beer and wine for off-premises consumption shall abide by the following conditions:
(1)CA Business & Professions Code § 23790.5(d)(1) No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1, 1988.
(2)CA Business & Professions Code § 23790.5(d)(2) No advertisement of alcoholic beverages shall be displayed at motor fuel islands.
(3)CA Business & Professions Code § 23790.5(d)(3) No sale of alcoholic beverages shall be made from a drive-in window.
(4)CA Business & Professions Code § 23790.5(d)(4) No display or sale of beer or wine shall be made from an ice tub.
(5)CA Business & Professions Code § 23790.5(d)(5) No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows.
(6)CA Business & Professions Code § 23790.5(d)(6) Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 years of age.
The standards contained in this subdivision are minimum state standards which do not limit local regulation otherwise permitted under this section.
(e)CA Business & Professions Code § 23790.5(e) If there is a finding that a licensee or his or her employee has sold any alcoholic beverages to a minor at an establishment engaged in the concurrent sale of motor vehicle fuel with beer and wine for off-premises consumption, the alcoholic beverage license at the establishment shall be suspended for a minimum period of 72 hours. For purposes of Section 23790, the effect of such a license suspension shall not constitute a break in the continuous operation of the establishment nor a substantial change in the mode or character of operation.
(f)CA Business & Professions Code § 23790.5(f) The provisions of this section apply to charter cities.

Section § 23791

Explanation

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.

Nothing in this division interferes with the powers of cities conferred upon them by Sections 65850 to 65861, inclusive, of the Government Code.

Section § 23793

Explanation

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.

No new original public premises licenses shall be issued except for beer, or beer and wine, and no public premises licenses shall be transferred from county to county, unless the applicant can show that substantial public demand cannot otherwise be satisfied.

Section § 23794

Explanation
In California, you cannot get a license to make, sell, or distribute powdered alcohol.
A license shall not be issued to any applicant to authorize the manufacture, distribution, or retail sale of powdered alcohol.