Sections
56 entriesSection 23000Defines the division’s official name as the “Alcoholic Beverage Control Act” and allows the division to be cited by that name. The…Section 23001Establishes the division as an exercise of state police power to protect public safety, welfare, health, peace, and morals, eliminate unlawful or…Section 23001.5Establishes severability for the division, so invalidation of a provision or its application to a person or circumstance does not affect other…Section 23002Establishes that the chapter’s definitions and general provisions control how the division is construed unless the context requires a different reading. The…Section 23003Defines “alcohol” as ethyl alcohol, hydrated oxide of ethyl, or spirits of wine regardless of the source from which it is obtained…Section 23003.1Defines “powdered alcohol” as alcohol prepared or sold in powder or crystalline form for human consumption either in that form or after…Section 23004Defines alcoholic beverage to include alcohol, spirits, liquor, wine, beer, and any liquid or solid containing those substances that has at least…Section 23005Defines distilled spirits as an alcoholic beverage obtained by distilling fermented agricultural products, including beverage alcohol, spirits of wine, whiskey, rum, brandy,…Section 23006Defines beer as an alcoholic beverage fermented in water from barley, malt, hops, similar products, or combinations, including specified beer styles but…Section 23007Defines wine for the division as specified fermented agricultural products and certain added brandy or wine spirits, with no more than 15…Section 23008Defines “person” broadly to include an individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate, or any other…Section 23009Defines licensee as any person holding a license, permit, certification, or other authorization issued by the department. The term includes holders of…Section 23010Defines “taxpayer” as a person who is liable to pay a tax under the specified part of the Revenue and Taxation Code.…Section 23011Defines “salesman” as an individual who solicits or receives an order for alcoholic beverages from any licensee, covering either solicitation or receipt…Section 23012Defines “beer manufacturer” as a person that has facilities and equipment for commercial beer manufacture and is engaged in commercially manufacturing beer.…Section 23013Defines winegrower as a person who has facilities and equipment for converting grapes, berries, or other fruit into wine and is engaged…Section 23013.5Defines a wine blender as a person federally permitted to operate a bonded wine cellar who lacks facilities or equipment to convert…Section 23014Defines “brandy manufacturer” as a person engaged in manufacturing brandy only and not in manufacturing any other distilled spirits. The term therefore…Section 23015Defines distilled spirits manufacturer as a person producing distilled spirits from naturally fermented materials or by any other method. Excludes a winegrower…Section 23016Defines “rectifier” as a person who colors, flavors, or otherwise processes distilled spirits through distillation, blending, percolation, or other processes. It excludes…Section 23017Defines importer to include specified consignees, first in-state recipients, licensed importers selling to nonlicensees in federal-jurisdiction areas with out-of-state common-carrier delivery, and…Section 23018Defines exporter as a person who sells, delivers, or consigns alcoholic beverages located within California for delivery, use, or sale outside California.…Section 23019Defines customs broker as a person authorized to act as agent or broker for a licensed importer or for a person whose…Section 23020Defines “wine broker” as a person who, for a fee or commission, acts as an agent in buying or selling wine for…Section 23021Defines wholesaler as a person, other than a manufacturer, winegrower, or rectifier, who operates as a jobber or wholesale merchant dealing in…Section 23022Defines “industrial alcohol dealer” as a person who sells alcohol or distilled spirits in packages larger than one gallon for use in…Section 23023Defines “retailer” solely as any on-sale or off-sale licensee, making either type of sales license sufficient for the term. The provision states…Section 23024Defines “retailer’s on-sale license” to include on-sale beer licenses, on-sale beer and wine licenses, on-sale general licenses, and on-sale general licenses issued…Section 23025Defines sell, sale, and to sell to include any transaction transferring title to alcoholic beverages for consideration, delivery pursuant to a purchase…Section 23026Defines retail sale or sale at retail as a sale by an on-sale or off-sale licensee in which the alcoholic beverages are…Section 23027Defines “wholesale sale” and “sale at wholesale” as a sale made to any licensee for the purpose of resale. The definition turns…Section 23028Defines package as any container or receptacle used to hold alcoholic beverages that is corked or otherwise sealed with a stub, stopper,…Section 23029Defines case or original case as a standard box or carton, packed by the manufacturer or winegrower, in which packages of alcoholic…Section 23030Defines “to bottle” and “to package” as placing alcoholic beverages into a container, whether by bottling, barreling, or another method. The definition…Section 23031Defines gallon and wine gallon as a liquid measure containing 231 cubic inches. Both terms are assigned the same measure under the…Section 23032Defines proof spirits as alcoholic liquor containing one-half of its volume as pure ethyl alcohol with a specific gravity of 0.7939 at…Section 23033Defines “proof gallon” as one gallon of proof spirits or an equivalent amount of alcohol. The provision states no additional conversion formula,…Section 23034Defines still as any apparatus capable of separating alcohol, alcoholic vapors, or alcoholic solutions from alcohol or alcoholic mixtures or solutions. Excludes…Section 23035Defines private warehouse as a place maintained by a licensee, separate from the licensee's licensed premises, for storing alcohol or alcoholic beverages…Section 23036Defines public warehouse as a place licensed to store, but not sell, alcohol or alcoholic beverages for the account of other licensees.…Section 23037Defines club as a nonprofit social or athletic corporation or association that owns, leases, or occupies its establishment, has a bona fide…Section 23038Defines a bona fide public eating place as one regularly open to serve compensated meals with suitable sanitary kitchen facilities, refrigeration, and…Section 23038.1Defines publicly owned or leased convention centers, exhibit halls, and auditoriums as bona fide public eating places when serving meals to guest…Section 23038.2Defines a ball park, stadium, or coliseum featuring professional sporting events as a bona fide public eating place solely for issuance of…Section 23038.3Extends the definition of bona fide public eating place, solely for issuing an on-sale beer and wine license, to a cooking school…Section 23039Defines “public premises” as specified licensed alcohol premises that do not operate as bona fide public eating places, with stricter food limits…Section 23039.1Allows an on-sale beer and wine public-premises licensee operating a cabaret theater to admit persons under 21 to theater performances if the…Section 23039.5Defines entertainment zone as an area created by a city, county, or city and county ordinance on or after January 1, 2025,…Section 23040Defines “within this State” as all territory located inside the boundaries of the State. The term includes the entire territory within those…Section 23041Defines “without the State” as all territory located outside the boundaries of the State. The term covers territory beyond those boundaries and…Section 23042Defines board as the State Board of Equalization when it exercises the powers and duties concerning excise taxes that Section 22 of…Section 23043Defines department as the Department of Alcoholic Beverage Control and director as the Director of Alcoholic Beverage Control. The provision assigns these…Section 23044Defines “license” as a license that the department is authorized to issue under this division. The definition does not extend to licenses…Section 23045Defines appeals board as the Alcoholic Beverage Control Appeals Board. Under the definition, the term appeals board refers to that named body,…Section 23046Defines air common carrier as a person providing regularly scheduled air transportation between fixed termini under a certificate of public convenience and…Section 23047Defines “scheduled flight” as a regularly scheduled and advertised flight operated by an air common carrier. The term does not mean each…