23000. This division shall be known and may be cited as the
"Alcoholic Beverage Control Act."
23001. This division is an exercise of the police powers of the
State for the protection of the safety, welfare, health, peace, and
morals of the people of the State, to eliminate the evils of
unlicensed and unlawful manufacture, selling, and disposing of
alcoholic beverages, and to promote temperance in the use and
consumption of alcoholic beverages. It is hereby declared that the
subject matter of this division involves in the highest degree the
economic, social, and moral well-being and the safety of the State
and of all its people. All provisions of this division shall be
liberally construed for the accomplishment of these purposes.
23001.5. If any provision of this division or the application
thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of this
division that can be given effect without the invalid portion or
application, and to this end the provisions of this division are
severable. It is the intent of the Legislature that this division
would have been adopted regardless if such invalid provision had not
been included or any invalid application had not been made.
23002. Unless the context otherwise requires, the definitions and
general provisions set forth in this chapter govern the construction
of this division.
23003. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or
spirits of wine, from whatever source or by whatever process
produced.
23004. "Alcoholic beverage" includes alcohol, spirits, liquor,
wine, beer, and every liquid or solid containing alcohol, spirits,
wine, or beer, and which contains one-half of 1 percent or more of
alcohol by volume and which is fit for beverage purposes either alone
or when diluted, mixed, or combined with other substances.
23005. "Distilled spirits" means an alcoholic beverage obtained by
the distillation of fermented agricultural products, and includes
alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and
gin, including all dilutions and mixtures thereof.
23006. "Beer" means any alcoholic beverage obtained by the
fermentation of any infusion or decoction of barley, malt, hops, or
any other similar product, or any combination thereof in water, and
includes ale, porter, brown, stout, lager beer, small beer, and
strong beer but does not include sake, known as Japanese rice wine.
23007. "Wine" means the product obtained from normal alcoholic
fermentation of the juice of sound ripe grapes or other agricultural
products containing natural or added sugar or any such alcoholic
beverage to which is added grape brandy, fruit brandy, or spirits of
wine, which is distilled from the particular agricultural product or
products of which the wine is made and other rectified wine products
and by whatever name and which does not contain more than 15 percent
added flavoring, coloring, and blending material and which contains
not more than 24 percent of alcohol by volume, and includes vermouth
and sake, known as Japanese rice wine.
Nothing contained in this section affects or limits the power,
authority, or duty of the State Department of Health Services in the
enforcement of the laws directed toward preventing the manufacture,
production, sale, or transportation of adulterated, misbranded, or
mislabeled alcoholic beverages, and the definition of "wine"
contained in this section is limited strictly to the purposes of this
division and does not extend to, or repeal by implication, any law
preventing the production, manufacture, sale, or transportation of
adulterated, misbranded, or mislabeled alcoholic beverages.
23008. "Person" includes any individual, firm, copartnership, joint
adventure, association, corporation, estate, trust, business trust,
receiver, syndicate, or any other group or combination acting as a
unit, and the plural as well as the singular number.
23009. "Licensee" means any person holding a license, a permit, a
certification, or any other authorization issued by the department.
23010. "Taxpayer" means a person liable for the payment of a tax
pursuant to Part 14 of Division 2 of the Revenue and Taxation Code.
23011. "Salesman" means any individual who solicits or receives an
order for alcoholic beverages from any licensee.
23012. "Beer manufacturer" means any person engaged in the
manufacture of beer.
23013. "Winegrower" means any person who has facilities and
equipment for the conversion of grapes, berries, or other fruit into
wine and is engaged in the production of wine.
23013.5. A "wine blender" is a person authorized to operate a
bonded wine cellar pursuant to a permit issued for that purpose under
the Internal Revenue Laws of the United States but who does not have
facilities or equipment for the conversion of grapes, berries or
other fruit into wine and does not engage in the production of wine
in commercial quantities, provided that any person who produces or
blends not to exceed 200 gallons of wine per year shall not, because
of such production or blending, be considered a wine blender within
the meaning of this division.
23014. "Brandy manufacturer" means any person engaged in the
manufacture of brandy only and not in the manufacture of any other
distilled spirits.
23015. "Distilled spirits manufacturer" means any person who
produces distilled spirits from naturally fermented materials or in
any other manner. "Distilled spirits manufacturer" shall not include
a winegrower that produces spirits of wine, provided the spirits of
wine are blended into wine produced by the winegrower, are sold to an
industrial alcohol dealer, or are destroyed by the winegrower.
23016. "Rectifier" means every person who colors, flavors, or
otherwise processes distilled spirits by distillation, blending,
percolating, or other processes.
23017. "Importer" means:
(a) Any consignee of alcoholic beverages brought into this State
from without this State, when the alcoholic beverages are for
delivery or use within this State.
(b) Any person, except a public warehouse licensed under this
division, to whom delivery is first made in this State of alcoholic
beverages brought into this State from without this State for
delivery or use within this State.
(c) Any person, licensed as an importer, selling alcoholic
beverages to nonlicensees within an area over which the United States
Government exercises jurisdiction, when delivery of the alcoholic
beverages is made to the nonlicensees by a common carrier
transporting the alcoholic beverages from a point outside this State.
(d) Any person bringing alcoholic beverages into this State from
without this State which are not consigned to any person and which
are for delivery or use within this State.
A person licensed as a customs broker who is acting as an agent
for a licensed importer or for another person whose place of business
is without the State shall not be deemed to be the importer of
alcoholic beverages consigned in United States internal revenue bond
or in United States customs bond to the licensed customs broker.
23018. "Exporter" means any person who sells, delivers, or consigns
alcoholic beverages located within this State for delivery, use, or
sale without the State.
23019. "Customs broker" means every person who is authorized to act
as agent or broker for a person licensed as an importer or for a
person whose place of business is without the State, in regard to the
importing of alcoholic beverages into the State in United States
internal revenue bond or in United States customs bond.
23020. "Wine broker" means every person, other than a salesman who
is regularly employed by a licensee, who engages as an agent in the
sale or purchase of wine for or on behalf of another or others for a
fee or commission.
23021. "Wholesaler" means every person other than a manufacturer,
winegrower or rectifier who is engaged in business as a jobber or
wholesale merchant, dealing in alcoholic beverages, in an area within
the United States other than a territory or possession of the United
States, or within a foreign country having common boundaries with
any state of the United States.
23022. "Industrial alcohol dealer" means a person who sells alcohol
or distilled spirits in packages of more than one gallon for use in
the trades, professions, or industries, but not for beverage use.
23023. "Retailer" means any on- or off-sale licensee.
23024. "Retailer's on-sale license" means on-sale beer licenses,
on-sale beer and wine licenses, on-sale general licenses, and on-sale
general licenses for seasonal businesses.
23025. "Sell" or "sale" and "to sell" includes any transaction
whereby, for any consideration, title to alcoholic beverages is
transferred from one person to another, and includes the delivery of
alcoholic beverages pursuant to an order placed for the purchase of
such beverages and soliciting or receiving an order for such
beverages, but does not include the return of alcoholic beverages by
a licensee to the licensee from whom such beverages were purchased.
23026. "Retail sale" or "sale at retail" means the sale by an on-
or off-sale licensee for consumption and not for resale.
23027. "Wholesale sale" or "sale at wholesale" means a sale to any
licensee for purposes of resale.
23028. "Package" means any container or receptacle used for holding
alcoholic beverages which is corked or sealed with a stub, stopper,
cap, or in any other manner.
23029. "Case" or "original case" means a standard box or carton as
packed by the manufacturer or wine grower in which packages of
alcoholic beverages are shipped or transferred.
23030. "To bottle" or "to package" means to bottle, barrel, or
otherwise place alcoholic beverages in a container.
23031. "Gallon" or "wine gallon" means that liquid measure
containing 231 cubic inches.
23032. "Proof spirits" means that alcoholic liquor which contains
one-half of its volume of pure ethyl alcohol of a specific gravity of
0.7939 at 60 degrees Fahrenheit, referred to water at 60 degrees
Fahrenheit as unity.
23033. "Proof gallon" means a gallon of proof spirits or an
equivalent amount of alcohol.
23034. "Still" means any apparatus capable of being used for
separating alcohol, or alcoholic vapors of solutions from alcohol or
alcoholic solutions or mixtures, but does not include stills or
apparatus used for laboratory purposes or solely in the production of
distilled water or substances other than alcoholic beverages.
23035. "Private warehouse" means any place maintained by a
licensee, other than his licensed premises, for the storage but not
for the sale of alcohol or alcoholic beverages owned by the licensee.
23036. "Public warehouse" means any place licensed for the storage
of, but not the sale of, alcohol or alcoholic beverages for the
account of other licensees and includes United States custom bonded
warehouses and United States internal revenue bonded warehouses when
the bonded warehouses are used for storage of alcoholic beverages for
the account of another licensee.
23037. "Club" means a corporation or association which is the
owner, lessee, or occupant of an establishment operated solely for
objects of a social or athletic nature but not for pecuniary gain,
having a bona fide membership list, and the majority of the members
of which pay dues at least once in every year, and the property as
well as the advantages of which belong to the members, and which
sells alcoholic beverages only to its members and its bona fide
guests. A guest is defined as a person who is actually a houseguest,
or a person whose presence as a guest is in response to a specific
invitation for the special occasion.
23038. "Bona fide public eating place" means a place which is
regularly and in a bona fide manner used and kept open for the
serving of meals to guests for compensation and which has suitable
kitchen facilities connected therewith, containing conveniences for
cooking an assortment of foods which may be required for ordinary
meals, the kitchen of which must be kept in a sanitary condition with
the proper amount of refrigeration for keeping of food on said
premises and must comply with all the regulations of the local
department of health. "Meals" means the usual assortment of foods
commonly ordered at various hours of the day; the service of such
food and victuals only as sandwiches or salads shall not be deemed a
compliance with this requirement. "Guests" shall mean persons who,
during the hours when meals are regularly served therein, come to a
bona fide public eating place for the purpose of obtaining, and
actually order and obtain at such time, in good faith, a meal
therein. Nothing in this section, however, shall be construed to
require that any food be sold or purchased with any beverage.
23038.1. Notwithstanding the provisions of Section 23038, "bona
fide public eating place" also means a convention center, exhibit
hall, or auditorium, which shall hereinafter be referred to as
"premises," owned by or leased to the State of California, any
incorporated city, county, city and county, or public corporation of
the State of California which is regularly and in a bona fide manner
used and kept open for the attendance of groups of guests, and in
connection with such use serves meals to such groups of guests for
compensation, and which has suitable kitchen facilities in connection
therewith, such kitchen containing conveniences for preparation of
ordinary meals and maintained in a sanitary condition with proper
refrigeration for the keeping of food on the premises in compliance
with all regulations of the local department of health.
"Meals," as used in this section, means foods commonly ordered at
a lunch or dinner; provided, however, that the service of food such
as sandwiches or salads only shall not be deemed compliance with this
requirement.
"Groups of guests," as used in this section, means persons who
come to the premises owned or leased as provided herein, to make use
of such premises for the purpose or purposes for which it was
designed, and in connection with such use may, as a group, order in
advance and obtain or be served a meal therein.
"Convention center" as used in this section, means a building or
group of buildings in close physical proximity consisting of, but not
necessarily limited to, a convention hall, exhibit hall, auditorium,
or theater, or any combination thereof, and used for the purpose,
among other things, of providing facilities for conventions,
theatrical productions, shows, sporting centers, exhibits, displays,
conferences or meetings.
Nothing in this section shall be construed to require that meals
be served every day that use is made of the premises or any part
thereof. However, meals shall actually be available to groups of
guests in good faith upon adequate notice and request to the
operators of such premises on any day of any year that such premises
are used by such groups of guests, and shall be served to groups of
guests as heretofore provided on at least 25 percent of the total
days each year that the premises are used by said groups of guests.
Nothing in this section shall be construed to require that any
food be sold or purchased with any alcoholic beverage.
23038.2. Notwithstanding the provisions of Section 23038, for
purposes of issuing an on-sale beer and wine license only, "bona fide
public eating place" also means a ball park, stadium, or coliseum
featuring professional sporting events which maintains suitable
kitchen facilities for the preparation of food which is offered for
sale to persons attending such professional sporting events.
The Department of Alcoholic Beverage Control may prescribe
specific types and sizes of beer and wine containers which may be
sold pursuant to the provisions of this section.
23039. (a) "Public premises" means:
(1) Premises licensed with any type of license other than an
on-sale beer license, and maintained and operated for the selling or
serving of alcoholic beverages to the public for consumption on the
premises, and in which food shall not be sold or served to the public
as in a bona fide public eating place, but upon which premises food
products may be sold or served incidentally to the sale or service of
alcoholic beverages, in accordance with rules prescribed by the
department.
(2) Premises licensed with an on-sale beer license, in which food
shall not be sold or served to the public as in a bona fide public
eating place, and in which sandwiches, salads, desserts, and similar
short orders shall not be sold and served, in accordance with rules
prescribed by the department.
(b) "Public premises" does not include railroad dining or club
cars, passenger ships, airplanes, or bona fide clubs after the clubs
have been lawfully operated for not less than one year; nor does it
include historic units of the state park system, premises being
operated under a temporary on-sale beer license other than permitted
pursuant to Section 24045.5, or on-sale beer licensed stadia,
auditoria, fairgrounds, or racetracks; nor does it include nonprofit
theater companies licensed pursuant to Section 24045.7; nor does it
include winegrowers' premises.
23039.1. Notwithstanding any other provision of law, any on-sale
beer and wine public premises licensee who has been licensed at
premises operated as a cabaret theater for at least 10 years and
which has a seating capacity for at least 375 patrons may admit
persons under the age of 21 years to theater performances provided
that alcoholic beverages are not sold, served, or consumed on the
premises during those performances.
23040. "Within this State" means all territory within the
boundaries of this State.
23041. "Without the State" means all territory without the
boundaries of this State.
23042. "Board" means the State Board of Equalization, in the
exercise of the powers and duties with respect to excise taxes
reserved to it by Section 22 of Article XX of the Constitution.
23043. "Department" means the Department of Alcoholic Beverage
Control, and "director" means the Director of Alcoholic Beverage
Control.
23044. "License" means a license authorized to be issued by the
department pursuant to this division.
23045. "Appeals board" means the Alcoholic Beverage Control Appeals
Board.
23046. "Air common carrier" means a person engaged in regularly
scheduled air transportation between fixed termini under a
certificate of public convenience and necessity issued by the Civil
Aeronautics Board, or its successor, or the Public Utilities
Commission, or its successor, and "airplane" or "common carrier
airplane" means an airplane operated in air transportation by an air
common carrier.
23047. "Scheduled flight" means a regularly scheduled and
advertised flight of an air common carrier but does not mean each
daily operation of airplanes upon such flight.
23000. This division shall be known and may be cited as the
"Alcoholic Beverage Control Act."
23001. This division is an exercise of the police powers of the
State for the protection of the safety, welfare, health, peace, and
morals of the people of the State, to eliminate the evils of
unlicensed and unlawful manufacture, selling, and disposing of
alcoholic beverages, and to promote temperance in the use and
consumption of alcoholic beverages. It is hereby declared that the
subject matter of this division involves in the highest degree the
economic, social, and moral well-being and the safety of the State
and of all its people. All provisions of this division shall be
liberally construed for the accomplishment of these purposes.
23001.5. If any provision of this division or the application
thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of this
division that can be given effect without the invalid portion or
application, and to this end the provisions of this division are
severable. It is the intent of the Legislature that this division
would have been adopted regardless if such invalid provision had not
been included or any invalid application had not been made.
23002. Unless the context otherwise requires, the definitions and
general provisions set forth in this chapter govern the construction
of this division.
23003. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or
spirits of wine, from whatever source or by whatever process
produced.
23004. "Alcoholic beverage" includes alcohol, spirits, liquor,
wine, beer, and every liquid or solid containing alcohol, spirits,
wine, or beer, and which contains one-half of 1 percent or more of
alcohol by volume and which is fit for beverage purposes either alone
or when diluted, mixed, or combined with other substances.
23005. "Distilled spirits" means an alcoholic beverage obtained by
the distillation of fermented agricultural products, and includes
alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and
gin, including all dilutions and mixtures thereof.
23006. "Beer" means any alcoholic beverage obtained by the
fermentation of any infusion or decoction of barley, malt, hops, or
any other similar product, or any combination thereof in water, and
includes ale, porter, brown, stout, lager beer, small beer, and
strong beer but does not include sake, known as Japanese rice wine.
23007. "Wine" means the product obtained from normal alcoholic
fermentation of the juice of sound ripe grapes or other agricultural
products containing natural or added sugar or any such alcoholic
beverage to which is added grape brandy, fruit brandy, or spirits of
wine, which is distilled from the particular agricultural product or
products of which the wine is made and other rectified wine products
and by whatever name and which does not contain more than 15 percent
added flavoring, coloring, and blending material and which contains
not more than 24 percent of alcohol by volume, and includes vermouth
and sake, known as Japanese rice wine.
Nothing contained in this section affects or limits the power,
authority, or duty of the State Department of Health Services in the
enforcement of the laws directed toward preventing the manufacture,
production, sale, or transportation of adulterated, misbranded, or
mislabeled alcoholic beverages, and the definition of "wine"
contained in this section is limited strictly to the purposes of this
division and does not extend to, or repeal by implication, any law
preventing the production, manufacture, sale, or transportation of
adulterated, misbranded, or mislabeled alcoholic beverages.
23008. "Person" includes any individual, firm, copartnership, joint
adventure, association, corporation, estate, trust, business trust,
receiver, syndicate, or any other group or combination acting as a
unit, and the plural as well as the singular number.
23009. "Licensee" means any person holding a license, a permit, a
certification, or any other authorization issued by the department.
23010. "Taxpayer" means a person liable for the payment of a tax
pursuant to Part 14 of Division 2 of the Revenue and Taxation Code.
23011. "Salesman" means any individual who solicits or receives an
order for alcoholic beverages from any licensee.
23012. "Beer manufacturer" means any person engaged in the
manufacture of beer.
23013. "Winegrower" means any person who has facilities and
equipment for the conversion of grapes, berries, or other fruit into
wine and is engaged in the production of wine.
23013.5. A "wine blender" is a person authorized to operate a
bonded wine cellar pursuant to a permit issued for that purpose under
the Internal Revenue Laws of the United States but who does not have
facilities or equipment for the conversion of grapes, berries or
other fruit into wine and does not engage in the production of wine
in commercial quantities, provided that any person who produces or
blends not to exceed 200 gallons of wine per year shall not, because
of such production or blending, be considered a wine blender within
the meaning of this division.
23014. "Brandy manufacturer" means any person engaged in the
manufacture of brandy only and not in the manufacture of any other
distilled spirits.
23015. "Distilled spirits manufacturer" means any person who
produces distilled spirits from naturally fermented materials or in
any other manner. "Distilled spirits manufacturer" shall not include
a winegrower that produces spirits of wine, provided the spirits of
wine are blended into wine produced by the winegrower, are sold to an
industrial alcohol dealer, or are destroyed by the winegrower.
23016. "Rectifier" means every person who colors, flavors, or
otherwise processes distilled spirits by distillation, blending,
percolating, or other processes.
23017. "Importer" means:
(a) Any consignee of alcoholic beverages brought into this State
from without this State, when the alcoholic beverages are for
delivery or use within this State.
(b) Any person, except a public warehouse licensed under this
division, to whom delivery is first made in this State of alcoholic
beverages brought into this State from without this State for
delivery or use within this State.
(c) Any person, licensed as an importer, selling alcoholic
beverages to nonlicensees within an area over which the United States
Government exercises jurisdiction, when delivery of the alcoholic
beverages is made to the nonlicensees by a common carrier
transporting the alcoholic beverages from a point outside this State.
(d) Any person bringing alcoholic beverages into this State from
without this State which are not consigned to any person and which
are for delivery or use within this State.
A person licensed as a customs broker who is acting as an agent
for a licensed importer or for another person whose place of business
is without the State shall not be deemed to be the importer of
alcoholic beverages consigned in United States internal revenue bond
or in United States customs bond to the licensed customs broker.
23018. "Exporter" means any person who sells, delivers, or consigns
alcoholic beverages located within this State for delivery, use, or
sale without the State.
23019. "Customs broker" means every person who is authorized to act
as agent or broker for a person licensed as an importer or for a
person whose place of business is without the State, in regard to the
importing of alcoholic beverages into the State in United States
internal revenue bond or in United States customs bond.
23020. "Wine broker" means every person, other than a salesman who
is regularly employed by a licensee, who engages as an agent in the
sale or purchase of wine for or on behalf of another or others for a
fee or commission.
23021. "Wholesaler" means every person other than a manufacturer,
winegrower or rectifier who is engaged in business as a jobber or
wholesale merchant, dealing in alcoholic beverages, in an area within
the United States other than a territory or possession of the United
States, or within a foreign country having common boundaries with
any state of the United States.
23022. "Industrial alcohol dealer" means a person who sells alcohol
or distilled spirits in packages of more than one gallon for use in
the trades, professions, or industries, but not for beverage use.
23023. "Retailer" means any on- or off-sale licensee.
23024. "Retailer's on-sale license" means on-sale beer licenses,
on-sale beer and wine licenses, on-sale general licenses, and on-sale
general licenses for seasonal businesses.
23025. "Sell" or "sale" and "to sell" includes any transaction
whereby, for any consideration, title to alcoholic beverages is
transferred from one person to another, and includes the delivery of
alcoholic beverages pursuant to an order placed for the purchase of
such beverages and soliciting or receiving an order for such
beverages, but does not include the return of alcoholic beverages by
a licensee to the licensee from whom such beverages were purchased.
23026. "Retail sale" or "sale at retail" means the sale by an on-
or off-sale licensee for consumption and not for resale.
23027. "Wholesale sale" or "sale at wholesale" means a sale to any
licensee for purposes of resale.
23028. "Package" means any container or receptacle used for holding
alcoholic beverages which is corked or sealed with a stub, stopper,
cap, or in any other manner.
23029. "Case" or "original case" means a standard box or carton as
packed by the manufacturer or wine grower in which packages of
alcoholic beverages are shipped or transferred.
23030. "To bottle" or "to package" means to bottle, barrel, or
otherwise place alcoholic beverages in a container.
23031. "Gallon" or "wine gallon" means that liquid measure
containing 231 cubic inches.
23032. "Proof spirits" means that alcoholic liquor which contains
one-half of its volume of pure ethyl alcohol of a specific gravity of
0.7939 at 60 degrees Fahrenheit, referred to water at 60 degrees
Fahrenheit as unity.
23033. "Proof gallon" means a gallon of proof spirits or an
equivalent amount of alcohol.
23034. "Still" means any apparatus capable of being used for
separating alcohol, or alcoholic vapors of solutions from alcohol or
alcoholic solutions or mixtures, but does not include stills or
apparatus used for laboratory purposes or solely in the production of
distilled water or substances other than alcoholic beverages.
23035. "Private warehouse" means any place maintained by a
licensee, other than his licensed premises, for the storage but not
for the sale of alcohol or alcoholic beverages owned by the licensee.
23036. "Public warehouse" means any place licensed for the storage
of, but not the sale of, alcohol or alcoholic beverages for the
account of other licensees and includes United States custom bonded
warehouses and United States internal revenue bonded warehouses when
the bonded warehouses are used for storage of alcoholic beverages for
the account of another licensee.
23037. "Club" means a corporation or association which is the
owner, lessee, or occupant of an establishment operated solely for
objects of a social or athletic nature but not for pecuniary gain,
having a bona fide membership list, and the majority of the members
of which pay dues at least once in every year, and the property as
well as the advantages of which belong to the members, and which
sells alcoholic beverages only to its members and its bona fide
guests. A guest is defined as a person who is actually a houseguest,
or a person whose presence as a guest is in response to a specific
invitation for the special occasion.
23038. "Bona fide public eating place" means a place which is
regularly and in a bona fide manner used and kept open for the
serving of meals to guests for compensation and which has suitable
kitchen facilities connected therewith, containing conveniences for
cooking an assortment of foods which may be required for ordinary
meals, the kitchen of which must be kept in a sanitary condition with
the proper amount of refrigeration for keeping of food on said
premises and must comply with all the regulations of the local
department of health. "Meals" means the usual assortment of foods
commonly ordered at various hours of the day; the service of such
food and victuals only as sandwiches or salads shall not be deemed a
compliance with this requirement. "Guests" shall mean persons who,
during the hours when meals are regularly served therein, come to a
bona fide public eating place for the purpose of obtaining, and
actually order and obtain at such time, in good faith, a meal
therein. Nothing in this section, however, shall be construed to
require that any food be sold or purchased with any beverage.
23038.1. Notwithstanding the provisions of Section 23038, "bona
fide public eating place" also means a convention center, exhibit
hall, or auditorium, which shall hereinafter be referred to as
"premises," owned by or leased to the State of California, any
incorporated city, county, city and county, or public corporation of
the State of California which is regularly and in a bona fide manner
used and kept open for the attendance of groups of guests, and in
connection with such use serves meals to such groups of guests for
compensation, and which has suitable kitchen facilities in connection
therewith, such kitchen containing conveniences for preparation of
ordinary meals and maintained in a sanitary condition with proper
refrigeration for the keeping of food on the premises in compliance
with all regulations of the local department of health.
"Meals," as used in this section, means foods commonly ordered at
a lunch or dinner; provided, however, that the service of food such
as sandwiches or salads only shall not be deemed compliance with this
requirement.
"Groups of guests," as used in this section, means persons who
come to the premises owned or leased as provided herein, to make use
of such premises for the purpose or purposes for which it was
designed, and in connection with such use may, as a group, order in
advance and obtain or be served a meal therein.
"Convention center" as used in this section, means a building or
group of buildings in close physical proximity consisting of, but not
necessarily limited to, a convention hall, exhibit hall, auditorium,
or theater, or any combination thereof, and used for the purpose,
among other things, of providing facilities for conventions,
theatrical productions, shows, sporting centers, exhibits, displays,
conferences or meetings.
Nothing in this section shall be construed to require that meals
be served every day that use is made of the premises or any part
thereof. However, meals shall actually be available to groups of
guests in good faith upon adequate notice and request to the
operators of such premises on any day of any year that such premises
are used by such groups of guests, and shall be served to groups of
guests as heretofore provided on at least 25 percent of the total
days each year that the premises are used by said groups of guests.
Nothing in this section shall be construed to require that any
food be sold or purchased with any alcoholic beverage.
23038.2. Notwithstanding the provisions of Section 23038, for
purposes of issuing an on-sale beer and wine license only, "bona fide
public eating place" also means a ball park, stadium, or coliseum
featuring professional sporting events which maintains suitable
kitchen facilities for the preparation of food which is offered for
sale to persons attending such professional sporting events.
The Department of Alcoholic Beverage Control may prescribe
specific types and sizes of beer and wine containers which may be
sold pursuant to the provisions of this section.
23039. (a) "Public premises" means:
(1) Premises licensed with any type of license other than an
on-sale beer license, and maintained and operated for the selling or
serving of alcoholic beverages to the public for consumption on the
premises, and in which food shall not be sold or served to the public
as in a bona fide public eating place, but upon which premises food
products may be sold or served incidentally to the sale or service of
alcoholic beverages, in accordance with rules prescribed by the
department.
(2) Premises licensed with an on-sale beer license, in which food
shall not be sold or served to the public as in a bona fide public
eating place, and in which sandwiches, salads, desserts, and similar
short orders shall not be sold and served, in accordance with rules
prescribed by the department.
(b) "Public premises" does not include railroad dining or club
cars, passenger ships, airplanes, or bona fide clubs after the clubs
have been lawfully operated for not less than one year; nor does it
include historic units of the state park system, premises being
operated under a temporary on-sale beer license other than permitted
pursuant to Section 24045.5, or on-sale beer licensed stadia,
auditoria, fairgrounds, or racetracks; nor does it include nonprofit
theater companies licensed pursuant to Section 24045.7; nor does it
include winegrowers' premises.
23039.1. Notwithstanding any other provision of law, any on-sale
beer and wine public premises licensee who has been licensed at
premises operated as a cabaret theater for at least 10 years and
which has a seating capacity for at least 375 patrons may admit
persons under the age of 21 years to theater performances provided
that alcoholic beverages are not sold, served, or consumed on the
premises during those performances.
23040. "Within this State" means all territory within the
boundaries of this State.
23041. "Without the State" means all territory without the
boundaries of this State.
23042. "Board" means the State Board of Equalization, in the
exercise of the powers and duties with respect to excise taxes
reserved to it by Section 22 of Article XX of the Constitution.
23043. "Department" means the Department of Alcoholic Beverage
Control, and "director" means the Director of Alcoholic Beverage
Control.
23044. "License" means a license authorized to be issued by the
department pursuant to this division.
23045. "Appeals board" means the Alcoholic Beverage Control Appeals
Board.
23046. "Air common carrier" means a person engaged in regularly
scheduled air transportation between fixed termini under a
certificate of public convenience and necessity issued by the Civil
Aeronautics Board, or its successor, or the Public Utilities
Commission, or its successor, and "airplane" or "common carrier
airplane" means an airplane operated in air transportation by an air
common carrier.
23047. "Scheduled flight" means a regularly scheduled and
advertised flight of an air common carrier but does not mean each
daily operation of airplanes upon such flight.
23000. This division shall be known and may be cited as the
"Alcoholic Beverage Control Act."
23001. This division is an exercise of the police powers of the
State for the protection of the safety, welfare, health, peace, and
morals of the people of the State, to eliminate the evils of
unlicensed and unlawful manufacture, selling, and disposing of
alcoholic beverages, and to promote temperance in the use and
consumption of alcoholic beverages. It is hereby declared that the
subject matter of this division involves in the highest degree the
economic, social, and moral well-being and the safety of the State
and of all its people. All provisions of this division shall be
liberally construed for the accomplishment of these purposes.
23001.5. If any provision of this division or the application
thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of this
division that can be given effect without the invalid portion or
application, and to this end the provisions of this division are
severable. It is the intent of the Legislature that this division
would have been adopted regardless if such invalid provision had not
been included or any invalid application had not been made.
23002. Unless the context otherwise requires, the definitions and
general provisions set forth in this chapter govern the construction
of this division.
23003. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or
spirits of wine, from whatever source or by whatever process
produced.
23004. "Alcoholic beverage" includes alcohol, spirits, liquor,
wine, beer, and every liquid or solid containing alcohol, spirits,
wine, or beer, and which contains one-half of 1 percent or more of
alcohol by volume and which is fit for beverage purposes either alone
or when diluted, mixed, or combined with other substances.
23005. "Distilled spirits" means an alcoholic beverage obtained by
the distillation of fermented agricultural products, and includes
alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and
gin, including all dilutions and mixtures thereof.
23006. "Beer" means any alcoholic beverage obtained by the
fermentation of any infusion or decoction of barley, malt, hops, or
any other similar product, or any combination thereof in water, and
includes ale, porter, brown, stout, lager beer, small beer, and
strong beer but does not include sake, known as Japanese rice wine.
23007. "Wine" means the product obtained from normal alcoholic
fermentation of the juice of sound ripe grapes or other agricultural
products containing natural or added sugar or any such alcoholic
beverage to which is added grape brandy, fruit brandy, or spirits of
wine, which is distilled from the particular agricultural product or
products of which the wine is made and other rectified wine products
and by whatever name and which does not contain more than 15 percent
added flavoring, coloring, and blending material and which contains
not more than 24 percent of alcohol by volume, and includes vermouth
and sake, known as Japanese rice wine.
Nothing contained in this section affects or limits the power,
authority, or duty of the State Department of Health Services in the
enforcement of the laws directed toward preventing the manufacture,
production, sale, or transportation of adulterated, misbranded, or
mislabeled alcoholic beverages, and the definition of "wine"
contained in this section is limited strictly to the purposes of this
division and does not extend to, or repeal by implication, any law
preventing the production, manufacture, sale, or transportation of
adulterated, misbranded, or mislabeled alcoholic beverages.
23008. "Person" includes any individual, firm, copartnership, joint
adventure, association, corporation, estate, trust, business trust,
receiver, syndicate, or any other group or combination acting as a
unit, and the plural as well as the singular number.
23009. "Licensee" means any person holding a license, a permit, a
certification, or any other authorization issued by the department.
23010. "Taxpayer" means a person liable for the payment of a tax
pursuant to Part 14 of Division 2 of the Revenue and Taxation Code.
23011. "Salesman" means any individual who solicits or receives an
order for alcoholic beverages from any licensee.
23012. "Beer manufacturer" means any person engaged in the
manufacture of beer.
23013. "Winegrower" means any person who has facilities and
equipment for the conversion of grapes, berries, or other fruit into
wine and is engaged in the production of wine.
23013.5. A "wine blender" is a person authorized to operate a
bonded wine cellar pursuant to a permit issued for that purpose under
the Internal Revenue Laws of the United States but who does not have
facilities or equipment for the conversion of grapes, berries or
other fruit into wine and does not engage in the production of wine
in commercial quantities, provided that any person who produces or
blends not to exceed 200 gallons of wine per year shall not, because
of such production or blending, be considered a wine blender within
the meaning of this division.
23014. "Brandy manufacturer" means any person engaged in the
manufacture of brandy only and not in the manufacture of any other
distilled spirits.
23015. "Distilled spirits manufacturer" means any person who
produces distilled spirits from naturally fermented materials or in
any other manner. "Distilled spirits manufacturer" shall not include
a winegrower that produces spirits of wine, provided the spirits of
wine are blended into wine produced by the winegrower, are sold to an
industrial alcohol dealer, or are destroyed by the winegrower.
23016. "Rectifier" means every person who colors, flavors, or
otherwise processes distilled spirits by distillation, blending,
percolating, or other processes.
23017. "Importer" means:
(a) Any consignee of alcoholic beverages brought into this State
from without this State, when the alcoholic beverages are for
delivery or use within this State.
(b) Any person, except a public warehouse licensed under this
division, to whom delivery is first made in this State of alcoholic
beverages brought into this State from without this State for
delivery or use within this State.
(c) Any person, licensed as an importer, selling alcoholic
beverages to nonlicensees within an area over which the United States
Government exercises jurisdiction, when delivery of the alcoholic
beverages is made to the nonlicensees by a common carrier
transporting the alcoholic beverages from a point outside this State.
(d) Any person bringing alcoholic beverages into this State from
without this State which are not consigned to any person and which
are for delivery or use within this State.
A person licensed as a customs broker who is acting as an agent
for a licensed importer or for another person whose place of business
is without the State shall not be deemed to be the importer of
alcoholic beverages consigned in United States internal revenue bond
or in United States customs bond to the licensed customs broker.
23018. "Exporter" means any person who sells, delivers, or consigns
alcoholic beverages located within this State for delivery, use, or
sale without the State.
23019. "Customs broker" means every person who is authorized to act
as agent or broker for a person licensed as an importer or for a
person whose place of business is without the State, in regard to the
importing of alcoholic beverages into the State in United States
internal revenue bond or in United States customs bond.
23020. "Wine broker" means every person, other than a salesman who
is regularly employed by a licensee, who engages as an agent in the
sale or purchase of wine for or on behalf of another or others for a
fee or commission.
23021. "Wholesaler" means every person other than a manufacturer,
winegrower or rectifier who is engaged in business as a jobber or
wholesale merchant, dealing in alcoholic beverages, in an area within
the United States other than a territory or possession of the United
States, or within a foreign country having common boundaries with
any state of the United States.
23022. "Industrial alcohol dealer" means a person who sells alcohol
or distilled spirits in packages of more than one gallon for use in
the trades, professions, or industries, but not for beverage use.
23023. "Retailer" means any on- or off-sale licensee.
23024. "Retailer's on-sale license" means on-sale beer licenses,
on-sale beer and wine licenses, on-sale general licenses, and on-sale
general licenses for seasonal businesses.
23025. "Sell" or "sale" and "to sell" includes any transaction
whereby, for any consideration, title to alcoholic beverages is
transferred from one person to another, and includes the delivery of
alcoholic beverages pursuant to an order placed for the purchase of
such beverages and soliciting or receiving an order for such
beverages, but does not include the return of alcoholic beverages by
a licensee to the licensee from whom such beverages were purchased.
23026. "Retail sale" or "sale at retail" means the sale by an on-
or off-sale licensee for consumption and not for resale.
23027. "Wholesale sale" or "sale at wholesale" means a sale to any
licensee for purposes of resale.
23028. "Package" means any container or receptacle used for holding
alcoholic beverages which is corked or sealed with a stub, stopper,
cap, or in any other manner.
23029. "Case" or "original case" means a standard box or carton as
packed by the manufacturer or wine grower in which packages of
alcoholic beverages are shipped or transferred.
23030. "To bottle" or "to package" means to bottle, barrel, or
otherwise place alcoholic beverages in a container.
23031. "Gallon" or "wine gallon" means that liquid measure
containing 231 cubic inches.
23032. "Proof spirits" means that alcoholic liquor which contains
one-half of its volume of pure ethyl alcohol of a specific gravity of
0.7939 at 60 degrees Fahrenheit, referred to water at 60 degrees
Fahrenheit as unity.
23033. "Proof gallon" means a gallon of proof spirits or an
equivalent amount of alcohol.
23034. "Still" means any apparatus capable of being used for
separating alcohol, or alcoholic vapors of solutions from alcohol or
alcoholic solutions or mixtures, but does not include stills or
apparatus used for laboratory purposes or solely in the production of
distilled water or substances other than alcoholic beverages.
23035. "Private warehouse" means any place maintained by a
licensee, other than his licensed premises, for the storage but not
for the sale of alcohol or alcoholic beverages owned by the licensee.
23036. "Public warehouse" means any place licensed for the storage
of, but not the sale of, alcohol or alcoholic beverages for the
account of other licensees and includes United States custom bonded
warehouses and United States internal revenue bonded warehouses when
the bonded warehouses are used for storage of alcoholic beverages for
the account of another licensee.
23037. "Club" means a corporation or association which is the
owner, lessee, or occupant of an establishment operated solely for
objects of a social or athletic nature but not for pecuniary gain,
having a bona fide membership list, and the majority of the members
of which pay dues at least once in every year, and the property as
well as the advantages of which belong to the members, and which
sells alcoholic beverages only to its members and its bona fide
guests. A guest is defined as a person who is actually a houseguest,
or a person whose presence as a guest is in response to a specific
invitation for the special occasion.
23038. "Bona fide public eating place" means a place which is
regularly and in a bona fide manner used and kept open for the
serving of meals to guests for compensation and which has suitable
kitchen facilities connected therewith, containing conveniences for
cooking an assortment of foods which may be required for ordinary
meals, the kitchen of which must be kept in a sanitary condition with
the proper amount of refrigeration for keeping of food on said
premises and must comply with all the regulations of the local
department of health. "Meals" means the usual assortment of foods
commonly ordered at various hours of the day; the service of such
food and victuals only as sandwiches or salads shall not be deemed a
compliance with this requirement. "Guests" shall mean persons who,
during the hours when meals are regularly served therein, come to a
bona fide public eating place for the purpose of obtaining, and
actually order and obtain at such time, in good faith, a meal
therein. Nothing in this section, however, shall be construed to
require that any food be sold or purchased with any beverage.
23038.1. Notwithstanding the provisions of Section 23038, "bona
fide public eating place" also means a convention center, exhibit
hall, or auditorium, which shall hereinafter be referred to as
"premises," owned by or leased to the State of California, any
incorporated city, county, city and county, or public corporation of
the State of California which is regularly and in a bona fide manner
used and kept open for the attendance of groups of guests, and in
connection with such use serves meals to such groups of guests for
compensation, and which has suitable kitchen facilities in connection
therewith, such kitchen containing conveniences for preparation of
ordinary meals and maintained in a sanitary condition with proper
refrigeration for the keeping of food on the premises in compliance
with all regulations of the local department of health.
"Meals," as used in this section, means foods commonly ordered at
a lunch or dinner; provided, however, that the service of food such
as sandwiches or salads only shall not be deemed compliance with this
requirement.
"Groups of guests," as used in this section, means persons who
come to the premises owned or leased as provided herein, to make use
of such premises for the purpose or purposes for which it was
designed, and in connection with such use may, as a group, order in
advance and obtain or be served a meal therein.
"Convention center" as used in this section, means a building or
group of buildings in close physical proximity consisting of, but not
necessarily limited to, a convention hall, exhibit hall, auditorium,
or theater, or any combination thereof, and used for the purpose,
among other things, of providing facilities for conventions,
theatrical productions, shows, sporting centers, exhibits, displays,
conferences or meetings.
Nothing in this section shall be construed to require that meals
be served every day that use is made of the premises or any part
thereof. However, meals shall actually be available to groups of
guests in good faith upon adequate notice and request to the
operators of such premises on any day of any year that such premises
are used by such groups of guests, and shall be served to groups of
guests as heretofore provided on at least 25 percent of the total
days each year that the premises are used by said groups of guests.
Nothing in this section shall be construed to require that any
food be sold or purchased with any alcoholic beverage.
23038.2. Notwithstanding the provisions of Section 23038, for
purposes of issuing an on-sale beer and wine license only, "bona fide
public eating place" also means a ball park, stadium, or coliseum
featuring professional sporting events which maintains suitable
kitchen facilities for the preparation of food which is offered for
sale to persons attending such professional sporting events.
The Department of Alcoholic Beverage Control may prescribe
specific types and sizes of beer and wine containers which may be
sold pursuant to the provisions of this section.
23039. (a) "Public premises" means:
(1) Premises licensed with any type of license other than an
on-sale beer license, and maintained and operated for the selling or
serving of alcoholic beverages to the public for consumption on the
premises, and in which food shall not be sold or served to the public
as in a bona fide public eating place, but upon which premises food
products may be sold or served incidentally to the sale or service of
alcoholic beverages, in accordance with rules prescribed by the
department.
(2) Premises licensed with an on-sale beer license, in which food
shall not be sold or served to the public as in a bona fide public
eating place, and in which sandwiches, salads, desserts, and similar
short orders shall not be sold and served, in accordance with rules
prescribed by the department.
(b) "Public premises" does not include railroad dining or club
cars, passenger ships, airplanes, or bona fide clubs after the clubs
have been lawfully operated for not less than one year; nor does it
include historic units of the state park system, premises being
operated under a temporary on-sale beer license other than permitted
pursuant to Section 24045.5, or on-sale beer licensed stadia,
auditoria, fairgrounds, or racetracks; nor does it include nonprofit
theater companies licensed pursuant to Section 24045.7; nor does it
include winegrowers' premises.
23039.1. Notwithstanding any other provision of law, any on-sale
beer and wine public premises licensee who has been licensed at
premises operated as a cabaret theater for at least 10 years and
which has a seating capacity for at least 375 patrons may admit
persons under the age of 21 years to theater performances provided
that alcoholic beverages are not sold, served, or consumed on the
premises during those performances.
23040. "Within this State" means all territory within the
boundaries of this State.
23041. "Without the State" means all territory without the
boundaries of this State.
23042. "Board" means the State Board of Equalization, in the
exercise of the powers and duties with respect to excise taxes
reserved to it by Section 22 of Article XX of the Constitution.
23043. "Department" means the Department of Alcoholic Beverage
Control, and "director" means the Director of Alcoholic Beverage
Control.
23044. "License" means a license authorized to be issued by the
department pursuant to this division.
23045. "Appeals board" means the Alcoholic Beverage Control Appeals
Board.
23046. "Air common carrier" means a person engaged in regularly
scheduled air transportation between fixed termini under a
certificate of public convenience and necessity issued by the Civil
Aeronautics Board, or its successor, or the Public Utilities
Commission, or its successor, and "airplane" or "common carrier
airplane" means an airplane operated in air transportation by an air
common carrier.
23047. "Scheduled flight" means a regularly scheduled and
advertised flight of an air common carrier but does not mean each
daily operation of airplanes upon such flight.
