CHAPTER 14. Seizure and Forfeiture of Property

Chapter 14 added by Stats. 1953, Ch. 152.

§§ 25350–25375 · 26 sections

§ 25350 The department may seize the following alcoholic beverages: (a) Alcoholic beverages manufactured or produced in this state by any person other than licensed…
§ 25351 Any person who possesses alcoholic beverages which are subject to seizure under Section 25350 is guilty of a misdemeanor.
§ 25352 The department or its employees may seize any unlicensed still, whether in actual operation or not and whether assembled for operation or dismantled, any parts…
§ 25353 When alcoholic beverages or any other property are seized pursuant to this division, the alcoholic beverages or other property shall be forfeited to the State,…
§ 25354 Alcoholic beverages manufactured or produced in this state by any person other than a licensed manufacturer or winegrower, when seized for forfeiture under…
§ 25355 Any alcoholic beverages or other property seized for forfeiture under this division, except automobiles or other vehicles, may be disposed of by the…
§ 25356 Any person whose alcoholic beverages or other property, except automobiles or other vehicles, have been seized for forfeiture under this division, may, within…
§ 25357 Any petition filed pursuant to Section 25356 shall be considered by the department within 60 days after filing, and an oral hearing shall be granted the…
§ 25358 The department may order the alcoholic beverages or other property seized disposed of, or returned to the petitioner if illegally or erroneously seized.
§ 25359 Any beverage or other property seized by the department may be turned over to any state department or institution. The person in charge of any state department…
§ 25360 When alcoholic beverages or other property are seized or forfeited under this division and are not disposed of pursuant to Sections 25354 to 25359, inclusive,…
§ 25361 Notice of the seizure and of the intended forfeiture proceeding shall be filed with the clerk of the court and shall be served on all persons, firms, or…
§ 25362 Within 20 days after service of the notice of seizure and intended forfeiture proceedings, or within 20 days after the date of publication, the owner or owners…
§ 25363 If at the end of 20 days after the notice has been mailed or published there is no verified answer on file, the court shall hear evidence upon the fact of…
§ 25364 If a verified answer has been filed, the forfeiture proceeding may be set for hearing on a day within 30 days from the date of filing, and notice of this…
§ 25365 At the time set for the hearing, any of the owners who have verified answers on file may show by competent evidence that the alcoholic beverages or other…
§ 25366 If the fact is determined that the alcoholic beverages or other property were not used contrary to the provisions of this division, the court shall order the…
§ 25367 At the time set for the hearing the claimant of any right, title, or interest in the alcoholic beverages or other property under a lien, mortgage, or…
§ 25368 If the lienholder, mortgagee, or vendor proves the facts set forth in Section 25367, the court shall order the alcoholic beverages or other property released…
§ 25369 In any case the Department of Finance may, within 30 days after judgment, pay the balance due to the bona fide or innocent purchaser, lienholder, mortgagee, or…
§ 25370 Upon a judgment in favor of the forfeiture, the alcoholic beverages or other property shall be ordered turned over to the Department of General Services for…
§ 25371 When alcoholic beverages or other property are seized under this division, a record of the seizure and disposition shall be kept by the Department of Alcoholic…
§ 25372 Any officer, employee, or agent of the Department of Alcoholic Beverage Control who disposes of any alcoholic beverages or other property seized under this…
§ 25373 Any peace officer of this State upon seizing any alcoholic beverages or other property may hold them as evidence until a forfeiture has been declared, a…
§ 25374 Nothing contained in this chapter applies to common carriers or to an employee acting within the scope of his employment under this division.
§ 25375 (a) Upon 10 days notice to a person who holds a license described in this division, the Attorney General or a district attorney shall seek an order from the…