ARTICLE 3. Rights and Obligations of Licensees

Article 3 added by Stats. 1953, Ch. 152.

§§ 23355–23405.4 · 116 sections

§ 23355 Except as otherwise provided in this division and subject to the provisions of Section 22 of Article XX of the Constitution, the licenses provided for in…
§ 23355.1 Notwithstanding any other provision of this division, the following acts are authorized: (a) Deliveries of distilled spirits by a licensee to a retail licensee…
§ 23355.2 (a) For purposes of this section, “controlled access alcoholic beverage cabinet” means a closed container, either refrigerated, in whole or in part, or…
§ 23355.3 (a) A licensee may sponsor or otherwise participate in an event conducted by, and for the benefit of, a nonprofit organization in which retail and nonretail…
§ 23356 Any manufacturer’s or winegrower’s license authorizes the person to whom it is issued to become a manufacturer or producer of the alcoholic beverage specified…
§ 23356.1 (a) A winegrower’s license also authorizes the person to whom issued to conduct winetastings of wine produced or bottled by, or produced and packaged for, the…
§ 23356.2 (a) No license or permit shall be required for the manufacture of beer or wine for personal or family use, and not for sale, by a person over 21 years of age.…
§ 23356.3 Notwithstanding any other provision of this division, an out-of-state winegrower, after notification to, and approved by, the department, may furnish American…
§ 23356.5 A wine blender’s license authorizes the person to whom issued to exercise all of the privileges of a winegrower’s license except: (a) To crush and ferment and…
§ 23356.6 Except as otherwise provided in this act, all provisions in this division pertaining to winegrowers, or to directors, officers, agents and employees of…
§ 23356.7 Nothing in this division shall be or be construed to be retroactive or to affect the rights of a person holding a winegrower’s license or licenses or…
§ 23356.8 A licensed wine blender shall not be issued and shall not own or hold, directly or indirectly, any retailer’s license, nor shall the holder of a retailer’s…
§ 23356.9 A wine blender’s license does not authorize winetasting activities or the conducting or sponsoring of wine tastings either on or off the wine blender’s…
§ 23357 (a) A licensed beer manufacturer may, at the licensed premises of production, sell to consumers for consumption off the premises beer that is produced and…
§ 23357.1 An out-of-state beer manufacturer’s certificate authorizes the shipment of beer manufactured without this state to licensed importers within this state. Beer…
§ 23357.2 (a) An out-of-state beer manufacturer’s certificate may be issued by the department upon the written undertaking and agreement by the applicant: (1) That it…
§ 23357.3 (a) A beer manufacturer’s license or out-of-state beer manufacturer’s certificate issued to a manufacturer located within the United States authorizes the…
§ 23357.4 (a) (1) Notwithstanding any other provision of this division, an incorporated beer manufacturer’s trade association may conduct beer tastings on behalf of one…
§ 23358 (a) Licensed winegrowers, notwithstanding any other provisions of this division, may also exercise the following privileges: (1) Sell wine and brandy to any…
§ 23358.2 Notwithstanding any other provision of this division, a winegrower or brandy manufacturer, at his or her licensed premises where the sale of wine or brandy is…
§ 23358.3 A wine grape grower’s storage license authorizes the holder to store bulk wine, made from grapes produced by the holder, on the premises of a licensed…
§ 23359 A wine grower’s license also authorizes the manufacture of grape brandy to be used exclusively in the production of wine by its holder on the premises for…
§ 23360 Licensed brandy manufacturers, notwithstanding any other provisions of this division, may also sell brandy and wine to consumers for consumption off the…
§ 23361 A person holding a brandy manufacturer’s license may also sell grape brandy, fruit brandy, or spirits of wine to licensed wine growers for use by the latter in…
§ 23362 Notwithstanding any other provisions of this division, a licensed winegrower or brandy manufacturer may be issued and may hold an off-sale general license or a…
§ 23363 Any licensed manufacturer of distilled spirits originally distilled in this State may sell them to any person holding a license authorizing the sale of…
§ 23363.1 (a) A distilled spirits manufacturer’s license or a craft distiller’s license authorizes the licensee to conduct tastings of distilled spirits produced or…
§ 23363.2 (a) A distilled spirits manufacturer not licensed in California may designate in writing a California licensee, other than the holder of any retail license, to…
§ 23363.3 (a) A brandy manufacturer’s license authorizes the licensee to conduct tastings of brandy produced or bottled by, or produced or bottled for, the licensee, on…
§ 23364 All provisions of this division relating to the sale and delivery of distilled spirits from distilled spirits wholesalers or rectifiers to on- or off-sale…
§ 23365 Neither a corporation nor a limited partnership required to maintain a register under Section 23405.1 or licensed under Section 23405.2 engaged in the…
§ 23366 A distilled spirits manufacturer’s agent’s license authorizes any of the following: (a) The possession of distilled spirits in public or private warehouses.…
§ 23366.1 No distilled spirits manufacturer or any agent thereof shall solicit a consumer to purchase amounts or lots of distilled spirits through a specific retailer.…
§ 23366.2 An out-of-state distilled spirits shipper’s certificate authorizes the shipment of distilled spirits manufactured without this state to licensed importers…
§ 23366.3 (a) An out-of-state distilled spirits shipper’s certificate may be issued by the department upon the written undertaking and agreement by the applicant: (1)…
§ 23366.5 A winegrower’s license, brandy manufacturer’s license, California winegrower’s agent’s license, beer and wine wholesaler’s license or a distilled spirits…
§ 23367 A still license authorizes the person to whom issued to own or possess the number of stills indicated in the license upon the premises for which issued.
§ 23368 A rectifier’s license authorizes the person to whom issued to cut, blend, rectify, mix, flavor, and color distilled spirits and wine upon which the excise tax…
§ 23368.1 A distilled spirits rectifier’s general license authorizes the person to whom issued to cut, blend, rectify, mix, flavor, and color distilled spirits, and…
§ 23369 In order to qualify for a rectifier’s license, a person shall actually be engaged at the time the license is issued or renewed, or within 30 days thereafter,…
§ 23370 Nothing in Sections 23368 and 23369 prohibits the issuance of a distilled spirits manufacturer’s agent’s license to any person who is engaged in the bottling…
§ 23371 A rectifier who also performs the functions of a distilled spirits wholesaler shall comply with all the provisions of this division applicable to a holder of a…
§ 23372 A wine rectifier’s license authorizes the person to whom issued to cut, blend, rectify, mix, flavor, or color wine upon which the excise tax imposed by Part 14…
§ 23373 A California winegrower’s agent’s license authorizes any of the following: (a) The possession of wine produced in California and brandy distilled in California…
§ 23373.1 Neither the holder of any wholesaler’s license nor the holder of any retail license may hold a California winegrower’s agent’s license, except that the holder…
§ 23373.2 A winegrower or brandy manufacturer may be represented by only one California winegrower’s agent.
§ 23373.4 A California winegrower’s agent’s license authorizes the holder to furnish samples, to produce and distribute wine lists, to produce and furnish advertising…
§ 23373.5 Nothing in this division shall preclude the department from taking disciplinary action against a winegrower or brandy manufacturer for any violation of this…
§ 23374 Any importer’s license authorizes the person to whom issued to become an importer of alcoholic beverages specified in the license, to export the alcoholic…
§ 23374.5 A distilled spirits importer’s general license authorizes the person to whom issued to become an importer of distilled spirits and to sell distilled spirits to…
§ 23374.6 A beer and wine importer’s general license authorizes the person to whom issued to become an importer of beer or wine and to sell state tax paid beer or wine…
§ 23375 (a) A public warehouse license authorizes the storage of alcoholic beverages for the account of another licensee, including storage in a United States customs…
§ 23375.5 No distilled spirits importer’s general license shall be issued to any person who holds an interest, directly or indirectly, in an on-sale or off-sale general…
§ 23375.6 No beer and wine importer’s general license shall be issued to any person who holds an interest, directly or indirectly, in any retail license. No retail…
§ 23376 A customs broker’s license authorizes the transfer to licensed importers of alcoholic beverages brought into the State in United States internal revenue bond…
§ 23377 A wine broker’s license authorizes the person to whom issued to act as a wine broker, for a fee or commission, in the purchase of wine for or on behalf of a…
§ 23378 Any wholesaler’s license authorizes the sale of the alcoholic beverage specified in the license only to persons holding licenses issued by the department…
§ 23378.05 (a) For any sale or offer of sale of beer by a beer wholesaler within the state, the beer wholesaler shall comply with all of the following: (1) Pursuant to…
§ 23378.1 (a) A California brandy wholesaler’s license may be issued only to the holder of a beer and wine wholesaler’s license, and authorizes the person to whom it is…
§ 23378.2 Notwithstanding any other provision of this division, a licensed wholesaler or importer may be issued and may hold retail package off-sale beer and wine…
§ 23379 A beer and wine wholesaler’s license also authorizes the labeling, bottling, or packaging of wine in accordance with and subject to the rules of the State…
§ 23380 An industrial alcohol dealer’s license authorizes the sale of undenatured ethyl alcohol in packages of more than one gallon for use in the trades, professions,…
§ 23381 Any manufacturer's, wine grower's, manufacturer’s agent's, rectifier’s or wholesaler’s license authorizes the licensee to: (a) Deal in warehouse receipts, for…
§ 23382 An offer or agreement to sell distilled spirits, which at the time of the offer or agreement are stored in containers larger than one gallon capacity and the…
§ 23383 Any manufacturer's, wine grower's, manufacturer’s agent's, importer's, rectifier's, or wholesaler’s license also authorizes the transfer of title to the…
§ 23384 Any licensed beer manufacturer, wine grower, brandy manufacturer, rectifier, or wholesaler may, in addition to the other privileges exercised under his or her…
§ 23385 Any distilled spirits manufacturer’s or brandy manufacturer’s license and any rectifier’s license authorizes the sale, in conformity with United States…
§ 23386 (a) Any manufacturer’s, wine grower’s, manufacturer’s agent’s, rectifier’s, importer’s, or wholesaler’s license also authorizes the giving away of samples of…
§ 23387 In addition to the other privileges exercised under a wholesaler’s or rectifier’s license, a wholesaler or rectifier may sell the alcoholic beverages mentioned…
§ 23388 A licensed beer manufacturer or a licensed beer wholesaler, in addition to selling beer at their licensed premises, may sell beer from wagons, trailers, or…
§ 23389 (a) The department may issue to a beer manufacturer a duplicate of its original license for a location or locations other than its licensed premises of…
§ 23390 (a) A licensed winegrower or brandy manufacturer, in addition to exercising all the privileges of their license at their licensed premises, may exercise all…
§ 23390.5 (a) For purposes of this section, “licensed branch office” means a branch office or warehouse, or United States bonded wine cellar, located away from the…
§ 23391 If a violation of any provision of this division or of any rule of the department is committed in the exercise of the license privileges authorized to be…
§ 23392 If a violation of any provision of this division or of any rule of the department is committed in connection with the premises where the act of manufacturing…
§ 23393 A retail package off-sale beer and wine license authorizes the sale, to consumers only and not for resale, of beer in containers, and wine in packages and in…
§ 23393.5 (a) The department may issue a limited off-sale retail wine license which authorizes the sale of wine by the licensee if all of the following conditions are…
§ 23394 An off-sale general license includes the privileges specified in Section 23393 and authorizes the sale, to consumers only and not for resale, except to holders…
§ 23394.5 No privileges under an off-sale general license, except as provided in Section 23106, shall be exercised by the licensee in more than one room or building…
§ 23394.7 No privileges under an off-sale license shall be exercised by the licensee at any customer-operated checkout stand located on the licensee’s physical premises.
§ 23395 Nothing in this division prevents the sale, in packages of less than one-half pint, of bitters or other aromatic or flavoring or medicinal preparations, which…
§ 23396 (a) Any on-sale license authorizes the sale of the alcoholic beverage specified in the license for consumption on the premises where sold. No alcoholic…
§ 23396.1 (a) An on-sale general license for restricted service lodging establishments authorizes those hotels and motels described in subdivision (b) to sell alcoholic…
§ 23396.2 (a) An on-sale general license for a wine, food and art cultural museum, and educational center and an on-sale general license for a wine and food cultural…
§ 23396.3 (a) (1) A brewpub-restaurant license is a retail license which may be issued to a bona fide public eating place, as defined in Section 23038. The licensed…
§ 23396.5 Notwithstanding any other law, any on-sale licensee that maintains a bona fide eating place in conjunction with such license, any on-sale beer and wine public…
§ 23396.6 (a) The department may issue to the holder of an off-sale retail license an instructional tasting license at the premises of the off-sale retail license. An…
§ 23397 Alcoholic beverages may be served on trains, boats, and airplanes under onsale licenses issued for trains, boats, and airplanes, only to passengers or…
§ 23398 Nothing in this division prevents the purchase or possession in packages of less than one-half pint capacity of bitters or other aromatic or flavoring or…
§ 23398.5 Any on-sale license, issued pursuant to this division that authorizes the sale of wine, also authorizes the sale of all of the following: (a) Soju, an imported…
§ 23398.7 (a) Notwithstanding any other provision of this division, alcoholic beverage sales may occur between 2 a.m. and 4 a.m. upon the on-sale licensed premises…
§ 23399 (a) An on-sale general license authorizes the sale of beer, wine, and distilled spirits for consumption on the premises where sold. Any licensee under an…
§ 23399.01 (a) (1) A beer manufacturer licensee may apply to the department for a beer caterer’s permit. A caterer’s permit issued to a beer manufacturer licensee shall…
§ 23399.03 (a) A winegrower licensee may apply to the department for an estate tasting event permit. If approved by the department, the permit issued to the winegrower…
§ 23399.1 No license or permit shall be required for the serving and otherwise disposing of alcoholic beverages where all of the following conditions prevail: 1. That…
§ 23399.2 Premises for which a special onsale general license is issued may be operated only as a club by an organization which meets all the requirements of Section…
§ 23399.3 (a) An on-sale special beer and wine license for hospitals, convalescent homes, and rest homes, authorizes the sale or service of beer and wine purchased from…
§ 23399.4 (a) A licensed winegrower may apply to the department for a certified farmers’ market sales permit. A certified farmers’ market sales permit shall authorize…
§ 23399.45 (a) For the purposes of this section: (1) “Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000)…
§ 23399.5 (a) (1) A license or permit is not required for the serving of alcoholic beverages in a limousine by any person operating a limousine service regulated by the…
§ 23399.52 (a) The department may create and issue a special on-sale general license to a person who owns or operates a facility that is partially located in the County…
§ 23399.6 (a) Any licensee under a winegrower’s license may apply to the department for a wine sales event permit. The wine sales event permit shall authorize the sale…
§ 23399.65 (a) A licensed beer manufacturer may apply to the department for a brewery event permit. A brewery event permit shall authorize the sale of beer produced by…
§ 23399.7 Any license issued to any golf course facility, or any license issued to a licensee that operates at any golf course facility, entitles the licensee to make…
§ 23400 An on-sale general license authorizes the purchase and possession of distilled spirits in packages which packages shall conform with standards of fill for…
§ 23401 An on-sale general license, with respect to beer and wine, and any on-sale license, with respect to the particular beverage or beverages mentioned in the…
§ 23401.5 (a) Notwithstanding any other law to the contrary, the holder of an on-sale license for a bona fide public eating place that has off-sale privileges, or a…
§ 23402 No retail on- or off-sale licensee, except a daily on-sale general licensee holding a license issued pursuant to Section 24045.1, shall purchase alcoholic…
§ 23402.5 (a) A retail licensee shall not sell or offer for sale any beer that is purchased from a beer manufacturer at the beer manufacturer’s licensed premises under…
§ 23403 No retail licensee, except a pharmacy or drug store registered with the California State Board of Pharmacy, shall sell or possess on his licensed premises any…
§ 23404 It is unlawful for any salesman to aid or abet in the violation of any of the provisions of this division or knowingly to become a party, either directly or…
§ 23405 (a) Any corporation holding a license under this division shall maintain a record of its shareholders at the principal office of the corporation in California…
§ 23405.1 (a) Any limited partnership holding a license under this division shall maintain a register at the principal office of the limited partnership in California…
§ 23405.2 (a) Any limited liability company holding a license under this division shall maintain a record of its members at the principal office of the company in…
§ 23405.3 If a corporation, limited partnership, or limited liability company holds, directly or indirectly, 10 percent or more of the ownership of a license issued…
§ 23405.4 (a) The department is not required to qualify for a license a person who is an investor in a private equity fund that holds an interest in a license, provided…