25350. The department may seize the following alcoholic beverages:
(a) Alcoholic beverages manufactured or produced in this State by
any person other than licensed manufacturer or wine grower,
regardless of where found.
(b) Beer and wine upon the sale of which the excise tax imposed by
Part 14 of Division 2 of the Revenue and Taxation Code has not been
paid, regardless of where found.
(c) Distilled spirits except (1) distilled spirits located upon
premises for which licenses authorizing the sale of the distilled
spirits have been issued; (2) distilled spirits consigned to and in
the course of transportation to a licensee holding licenses
authorizing the sale of the distilled spirits or for delivery without
this State; (3) distilled spirits upon the sale of which the excise
tax imposed by Part 14 of Division 2 of the Revenue and Taxation Code
has been paid; (4) alcohol or distilled spirits in the possession of
a person who has lawfully purchased it for use in the trades,
professions, or industries and not for beverage use.
(d) Any alcoholic beverage possessed, kept, stored, or owned with
the intent to sell it without a license in violation of this
division.
(e) Notwithstanding any other provision of this section, any
alcoholic beverage acquired, exchanged, purchased, sold, delivered,
or possessed in violation of Sections 23104.2, 23104.3, 23394, 23402,
or 24879, or Chapter 10 (commencing with Section 24749), 11
(commencing with Section 24850), or 12 (commencing with Section
25000) of this division, except that seizures under this subdivision
shall be limited to the actual package or case of alcoholic beverage
acquired, exchanged, purchased, sold, delivered, or possessed in
violation of the foregoing provisions. Any seizure under this
subdivision shall not exceed one hundred dollars ($100) of alcoholic
beverages at retail price.
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 of such stills, and any materials
or supplies capable of being used for the manufacture of alcoholic
beverages which are found on or about the premises where any
unlicensed still or parts thereof are found. The department or its
employees may also seize any implements, instruments, vehicles, and
personal property in the place or building, or within any yard or
enclosure, where any unlicensed still or parts thereof are found.
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, and all such forfeitures are hereby
declared to be statutory forfeitures.
25354. Alcoholic beverages manufactured or produced in this state
by any person other than a licensed manufacturer or winegrower, when
seized for forfeiture under this division, may be disposed of by the
department, its officers, or employees by summary destruction.
Controlled substances, instruments, or paraphernalia seized by the
department may only be disposed of pursuant to a court order for
destruction.
25355. Any alcoholic beverages or other property seized for
forfeiture under this division, except automobiles or other vehicles,
may be disposed of by the department, its officers, or employees by
destruction or otherwise as provided in this division, upon order of
the department made not less than l5 days after the date of seizure.
25356. Any person whose alcoholic beverages or other property,
except automobiles or other vehicles, have been seized for forfeiture
under this division, may, within 10 days after such seizure,
petition the department to return the alcoholic beverages or other
property upon the grounds that the alcoholic beverages or other
property were illegally or erroneously seized.
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 petitioner if requested. The department
shall serve notice of its decision upon the petitioner.
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 or institution may file with the
department a request that beverages or other property of a kind
specified in the request be turned over to the department or
institution. No beverage or property for which a request has been
made by a state department or institution shall be destroyed until
all requests of state departments and institutions for the type or
kind of beverage or property have been complied with.
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, the alcoholic beverages or other
property shall be subjected to a forfeiture proceeding in the
superior court as provided in this chapter.
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 corporations having any right,
title, or interest in the alcoholic beverages or other property
seized. If the owner or owners are unknown or cannot be found, notice
of the seizure and intended forfeiture proceedings shall be made
upon such owners by publication pursuant to Section 6061 of the
Government Code in the county where the seizure was made.
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 of the alcoholic beverages or other
property seized may file a verified answer to the fact of the alleged
unlawful use of the alcoholic beverages or other property. The
claimant of any right, title, or interest in the alcoholic beverages
or other property seized may make a verified answer to establish his
claim as provided in Section 25367. No extensions of time shall be
granted for the purpose of making the verified answer.
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 unlawful use and shall, upon proof thereof,
order the alcoholic beverages or other property forfeited to the
State.
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 proceeding shall be given to the
owner or owners filing verified answers.
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 property were not in fact used contrary
to the provisions of this division.
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 alcoholic beverages or other
property released to the owner or owners thereof.
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 conditional sales contract which is officially
of record may prove that the lien, mortgage, or conditional sales
contract is bona fide and was created after a reasonable
investigation of the moral responsibility, character, and reputation
of the lienor, mortgagor, or vendee and without any knowledge that
the alcoholic beverages or other property was being, or was to be,
used contrary to the provisions of this division.
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 to him if the amount due to him
is equal to, or in excess of, the value of the alcoholic beverages or
other property. If the amount due to him is less than the value of
the alcoholic beverages or other property, the alcoholic beverages or
other property shall be sold at public auction by the department,
and the remainder of the proceeds of the sale, after payment of the
balance due on the purchase price, mortgage, or lien, shall be
deposited in the State Treasury.
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 vendor and purchase the
alcoholic beverages or other property for the State.
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 disposition as follows:
(a) Delivery to the Department of Alcoholic Beverage Control for
use in the needs of the department as may be requested by it.
(b) Delivery to any other state department, board, commission,
officer, hospital, or institution.
(c) Sale at public auction, and when alcoholic beverages are sold
at public auction they shall be sold only to licensees authorized to
sell them.
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 Beverage Control.
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 division in any manner other than
as directed by order of the court or the provisions of this division
is liable to the State in a civil action and is guilty of a felony.
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 release ordered as provided in this
chapter, or other disposition has been made pursuant to this
division.
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 superior court for the seizure
of a license described in this division for purposes of seeking
forfeiture of the license pursuant to Sections 11470 to 11492,
inclusive, of the Health and Safety Code. From the time of notice
until the hearing to establish probable cause, as provided by this
section, the license may not be sold or transferred. The 10-day
period may be extended by the court for good cause or upon the
stipulation of the parties.
(b) A petition for forfeiture pursuant to Section 11488.4 of the
Health and Safety Code shall be filed within 10 days of the service
of notice pursuant to this section.
(c) At the hearing, the Attorney General or district attorney
shall establish probable cause that the license is subject to
forfeiture pursuant to Section 11470 of the Health and Safety Code.
The showing of probable cause may be established by deposition,
affidavit, declaration, prior judicial testimony, or other evidence.
The licensee may produce evidence to refute the showing of probable
cause.
(d) If the court determines there is probable cause that the
license is subject to forfeiture, it shall issue an order for its
seizure by any peace officer within its jurisdiction.
(e) If probable cause is not established at the hearing, or if the
hearing is neither held within the 10-day period nor continued for
good cause or by stipulation of the parties, the prohibition against
the sale or transfer of the license shall immediately cease and the
petition for forfeiture shall be dismissed.
(f) Immediately upon seizure of the license, the peace officer
shall surrender the license to the department by certified mail,
along with written notice to the department of the seizure and
intention to seek the initiation of forfeiture proceedings. No person
who holds any interest in a license shall exercise any privileges of
that license after it has been seized and during the time it is
surrendered to the department pursuant to this subdivision.
However, if the licensee appears and in any manner contest the
showing of probable cause required by this subdivision, the licensee
shall be barred from bringing a motion pursuant to paragraph (2) of
subdivision (g) of Section 11488.4 of the Health and Safety Code.
(g) Notwithstanding Article 5 (commencing with Section 23090) of
Chapter 1.5 of this division, the Attorney General or a district
attorney may seek a pendente lite order as provided in Section 11492
of the Health and Safety Code or Section 186.6 of the Penal Code
relating to the custody, right, title, interest, and exercise of
rights and privileges as related to a license described in this
division which is the subject of a forfeiture proceeding pursuant to
Section 11488.4 of the Health and Safety Code or Section 186.4 of the
Penal Code.
(h) Rights and privileges related to any license which is the
subject of a forfeiture proceeding and which has been seized and
surrendered to the department pursuant to this section may be
exercised solely by a receiver appointed pursuant to Section 11492 of
the Health and Safety Code or Section 186.6 of the Penal Code. No
license, rights, or privileges of a license may be exercised by a
receiver until that person has been found qualified to hold a license
in his or her own right by the department pursuant to this division
and the license has been issued to the custody of the receiver.
Chapter 6 (commencing with Section 23950) of this division does not
apply to a receiver appointed pursuant to this paragraph. Any
receiver appointed pursuant to Section 11492 of the Health and Safety
Code or Section 186.6 of the Penal Code who exercises privileges of
a license issued to his or her custody shall be subject to
disciplinary proceedings and may have the license suspended or
revoked in the same manner as if he or she were licensed directly
pursuant to this division.
(i) Upon the entry of a judgment of forfeiture pursuant to Section
11488.5 of the Health and Safety Code or Section 186.6 of the Penal
Code, or a declaration of forfeiture pursuant to subdivision (j) of
Section 11488.5 of the Health and Safety Code forfeiting a license
described in this division, the state or local government entity
shall sell and transfer the license in accordance with Chapter 6
(commencing with Section 23950) of this division. The proceeds of
that sale and transfer shall be allocated as specified in Section
11489 of the Health and Safety Code or Section 186.8 of the Penal
Code, as appropriate.
(j) Any alcoholic beverage which is the subject of a judgment of
forfeiture pursuant to Section 11488.5 of the Health and Safety Code
or Section 186.7 of the Penal Code, or a declaration of forfeiture
pursuant to subdivision (i) of Section 11488.4 of the Health and
Safety Code may be sold, transferred, and delivered by the state or
local governmental entity, as specified in Section 11489 of the
Health and Safety Code or Section 186.8 of the Penal Code, to a
person licensed to sell that type of alcoholic beverage pursuant to
this division.
25350. The department may seize the following alcoholic beverages:
(a) Alcoholic beverages manufactured or produced in this State by
any person other than licensed manufacturer or wine grower,
regardless of where found.
(b) Beer and wine upon the sale of which the excise tax imposed by
Part 14 of Division 2 of the Revenue and Taxation Code has not been
paid, regardless of where found.
(c) Distilled spirits except (1) distilled spirits located upon
premises for which licenses authorizing the sale of the distilled
spirits have been issued; (2) distilled spirits consigned to and in
the course of transportation to a licensee holding licenses
authorizing the sale of the distilled spirits or for delivery without
this State; (3) distilled spirits upon the sale of which the excise
tax imposed by Part 14 of Division 2 of the Revenue and Taxation Code
has been paid; (4) alcohol or distilled spirits in the possession of
a person who has lawfully purchased it for use in the trades,
professions, or industries and not for beverage use.
(d) Any alcoholic beverage possessed, kept, stored, or owned with
the intent to sell it without a license in violation of this
division.
(e) Notwithstanding any other provision of this section, any
alcoholic beverage acquired, exchanged, purchased, sold, delivered,
or possessed in violation of Sections 23104.2, 23104.3, 23394, 23402,
or 24879, or Chapter 10 (commencing with Section 24749), 11
(commencing with Section 24850), or 12 (commencing with Section
25000) of this division, except that seizures under this subdivision
shall be limited to the actual package or case of alcoholic beverage
acquired, exchanged, purchased, sold, delivered, or possessed in
violation of the foregoing provisions. Any seizure under this
subdivision shall not exceed one hundred dollars ($100) of alcoholic
beverages at retail price.
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 of such stills, and any materials
or supplies capable of being used for the manufacture of alcoholic
beverages which are found on or about the premises where any
unlicensed still or parts thereof are found. The department or its
employees may also seize any implements, instruments, vehicles, and
personal property in the place or building, or within any yard or
enclosure, where any unlicensed still or parts thereof are found.
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, and all such forfeitures are hereby
declared to be statutory forfeitures.
25354. Alcoholic beverages manufactured or produced in this state
by any person other than a licensed manufacturer or winegrower, when
seized for forfeiture under this division, may be disposed of by the
department, its officers, or employees by summary destruction.
Controlled substances, instruments, or paraphernalia seized by the
department may only be disposed of pursuant to a court order for
destruction.
25355. Any alcoholic beverages or other property seized for
forfeiture under this division, except automobiles or other vehicles,
may be disposed of by the department, its officers, or employees by
destruction or otherwise as provided in this division, upon order of
the department made not less than l5 days after the date of seizure.
25356. Any person whose alcoholic beverages or other property,
except automobiles or other vehicles, have been seized for forfeiture
under this division, may, within 10 days after such seizure,
petition the department to return the alcoholic beverages or other
property upon the grounds that the alcoholic beverages or other
property were illegally or erroneously seized.
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 petitioner if requested. The department
shall serve notice of its decision upon the petitioner.
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 or institution may file with the
department a request that beverages or other property of a kind
specified in the request be turned over to the department or
institution. No beverage or property for which a request has been
made by a state department or institution shall be destroyed until
all requests of state departments and institutions for the type or
kind of beverage or property have been complied with.
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, the alcoholic beverages or other
property shall be subjected to a forfeiture proceeding in the
superior court as provided in this chapter.
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 corporations having any right,
title, or interest in the alcoholic beverages or other property
seized. If the owner or owners are unknown or cannot be found, notice
of the seizure and intended forfeiture proceedings shall be made
upon such owners by publication pursuant to Section 6061 of the
Government Code in the county where the seizure was made.
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 of the alcoholic beverages or other
property seized may file a verified answer to the fact of the alleged
unlawful use of the alcoholic beverages or other property. The
claimant of any right, title, or interest in the alcoholic beverages
or other property seized may make a verified answer to establish his
claim as provided in Section 25367. No extensions of time shall be
granted for the purpose of making the verified answer.
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 unlawful use and shall, upon proof thereof,
order the alcoholic beverages or other property forfeited to the
State.
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 proceeding shall be given to the
owner or owners filing verified answers.
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 property were not in fact used contrary
to the provisions of this division.
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 alcoholic beverages or other
property released to the owner or owners thereof.
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 conditional sales contract which is officially
of record may prove that the lien, mortgage, or conditional sales
contract is bona fide and was created after a reasonable
investigation of the moral responsibility, character, and reputation
of the lienor, mortgagor, or vendee and without any knowledge that
the alcoholic beverages or other property was being, or was to be,
used contrary to the provisions of this division.
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 to him if the amount due to him
is equal to, or in excess of, the value of the alcoholic beverages or
other property. If the amount due to him is less than the value of
the alcoholic beverages or other property, the alcoholic beverages or
other property shall be sold at public auction by the department,
and the remainder of the proceeds of the sale, after payment of the
balance due on the purchase price, mortgage, or lien, shall be
deposited in the State Treasury.
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 vendor and purchase the
alcoholic beverages or other property for the State.
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 disposition as follows:
(a) Delivery to the Department of Alcoholic Beverage Control for
use in the needs of the department as may be requested by it.
(b) Delivery to any other state department, board, commission,
officer, hospital, or institution.
(c) Sale at public auction, and when alcoholic beverages are sold
at public auction they shall be sold only to licensees authorized to
sell them.
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 Beverage Control.
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 division in any manner other than
as directed by order of the court or the provisions of this division
is liable to the State in a civil action and is guilty of a felony.
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 release ordered as provided in this
chapter, or other disposition has been made pursuant to this
division.
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 superior court for the seizure
of a license described in this division for purposes of seeking
forfeiture of the license pursuant to Sections 11470 to 11492,
inclusive, of the Health and Safety Code. From the time of notice
until the hearing to establish probable cause, as provided by this
section, the license may not be sold or transferred. The 10-day
period may be extended by the court for good cause or upon the
stipulation of the parties.
(b) A petition for forfeiture pursuant to Section 11488.4 of the
Health and Safety Code shall be filed within 10 days of the service
of notice pursuant to this section.
(c) At the hearing, the Attorney General or district attorney
shall establish probable cause that the license is subject to
forfeiture pursuant to Section 11470 of the Health and Safety Code.
The showing of probable cause may be established by deposition,
affidavit, declaration, prior judicial testimony, or other evidence.
The licensee may produce evidence to refute the showing of probable
cause.
(d) If the court determines there is probable cause that the
license is subject to forfeiture, it shall issue an order for its
seizure by any peace officer within its jurisdiction.
(e) If probable cause is not established at the hearing, or if the
hearing is neither held within the 10-day period nor continued for
good cause or by stipulation of the parties, the prohibition against
the sale or transfer of the license shall immediately cease and the
petition for forfeiture shall be dismissed.
(f) Immediately upon seizure of the license, the peace officer
shall surrender the license to the department by certified mail,
along with written notice to the department of the seizure and
intention to seek the initiation of forfeiture proceedings. No person
who holds any interest in a license shall exercise any privileges of
that license after it has been seized and during the time it is
surrendered to the department pursuant to this subdivision.
However, if the licensee appears and in any manner contest the
showing of probable cause required by this subdivision, the licensee
shall be barred from bringing a motion pursuant to paragraph (2) of
subdivision (g) of Section 11488.4 of the Health and Safety Code.
(g) Notwithstanding Article 5 (commencing with Section 23090) of
Chapter 1.5 of this division, the Attorney General or a district
attorney may seek a pendente lite order as provided in Section 11492
of the Health and Safety Code or Section 186.6 of the Penal Code
relating to the custody, right, title, interest, and exercise of
rights and privileges as related to a license described in this
division which is the subject of a forfeiture proceeding pursuant to
Section 11488.4 of the Health and Safety Code or Section 186.4 of the
Penal Code.
(h) Rights and privileges related to any license which is the
subject of a forfeiture proceeding and which has been seized and
surrendered to the department pursuant to this section may be
exercised solely by a receiver appointed pursuant to Section 11492 of
the Health and Safety Code or Section 186.6 of the Penal Code. No
license, rights, or privileges of a license may be exercised by a
receiver until that person has been found qualified to hold a license
in his or her own right by the department pursuant to this division
and the license has been issued to the custody of the receiver.
Chapter 6 (commencing with Section 23950) of this division does not
apply to a receiver appointed pursuant to this paragraph. Any
receiver appointed pursuant to Section 11492 of the Health and Safety
Code or Section 186.6 of the Penal Code who exercises privileges of
a license issued to his or her custody shall be subject to
disciplinary proceedings and may have the license suspended or
revoked in the same manner as if he or she were licensed directly
pursuant to this division.
(i) Upon the entry of a judgment of forfeiture pursuant to Section
11488.5 of the Health and Safety Code or Section 186.6 of the Penal
Code, or a declaration of forfeiture pursuant to subdivision (j) of
Section 11488.5 of the Health and Safety Code forfeiting a license
described in this division, the state or local government entity
shall sell and transfer the license in accordance with Chapter 6
(commencing with Section 23950) of this division. The proceeds of
that sale and transfer shall be allocated as specified in Section
11489 of the Health and Safety Code or Section 186.8 of the Penal
Code, as appropriate.
(j) Any alcoholic beverage which is the subject of a judgment of
forfeiture pursuant to Section 11488.5 of the Health and Safety Code
or Section 186.7 of the Penal Code, or a declaration of forfeiture
pursuant to subdivision (i) of Section 11488.4 of the Health and
Safety Code may be sold, transferred, and delivered by the state or
local governmental entity, as specified in Section 11489 of the
Health and Safety Code or Section 186.8 of the Penal Code, to a
person licensed to sell that type of alcoholic beverage pursuant to
this division.
25350. The department may seize the following alcoholic beverages:
(a) Alcoholic beverages manufactured or produced in this State by
any person other than licensed manufacturer or wine grower,
regardless of where found.
(b) Beer and wine upon the sale of which the excise tax imposed by
Part 14 of Division 2 of the Revenue and Taxation Code has not been
paid, regardless of where found.
(c) Distilled spirits except (1) distilled spirits located upon
premises for which licenses authorizing the sale of the distilled
spirits have been issued; (2) distilled spirits consigned to and in
the course of transportation to a licensee holding licenses
authorizing the sale of the distilled spirits or for delivery without
this State; (3) distilled spirits upon the sale of which the excise
tax imposed by Part 14 of Division 2 of the Revenue and Taxation Code
has been paid; (4) alcohol or distilled spirits in the possession of
a person who has lawfully purchased it for use in the trades,
professions, or industries and not for beverage use.
(d) Any alcoholic beverage possessed, kept, stored, or owned with
the intent to sell it without a license in violation of this
division.
(e) Notwithstanding any other provision of this section, any
alcoholic beverage acquired, exchanged, purchased, sold, delivered,
or possessed in violation of Sections 23104.2, 23104.3, 23394, 23402,
or 24879, or Chapter 10 (commencing with Section 24749), 11
(commencing with Section 24850), or 12 (commencing with Section
25000) of this division, except that seizures under this subdivision
shall be limited to the actual package or case of alcoholic beverage
acquired, exchanged, purchased, sold, delivered, or possessed in
violation of the foregoing provisions. Any seizure under this
subdivision shall not exceed one hundred dollars ($100) of alcoholic
beverages at retail price.
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 of such stills, and any materials
or supplies capable of being used for the manufacture of alcoholic
beverages which are found on or about the premises where any
unlicensed still or parts thereof are found. The department or its
employees may also seize any implements, instruments, vehicles, and
personal property in the place or building, or within any yard or
enclosure, where any unlicensed still or parts thereof are found.
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, and all such forfeitures are hereby
declared to be statutory forfeitures.
25354. Alcoholic beverages manufactured or produced in this state
by any person other than a licensed manufacturer or winegrower, when
seized for forfeiture under this division, may be disposed of by the
department, its officers, or employees by summary destruction.
Controlled substances, instruments, or paraphernalia seized by the
department may only be disposed of pursuant to a court order for
destruction.
25355. Any alcoholic beverages or other property seized for
forfeiture under this division, except automobiles or other vehicles,
may be disposed of by the department, its officers, or employees by
destruction or otherwise as provided in this division, upon order of
the department made not less than l5 days after the date of seizure.
25356. Any person whose alcoholic beverages or other property,
except automobiles or other vehicles, have been seized for forfeiture
under this division, may, within 10 days after such seizure,
petition the department to return the alcoholic beverages or other
property upon the grounds that the alcoholic beverages or other
property were illegally or erroneously seized.
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 petitioner if requested. The department
shall serve notice of its decision upon the petitioner.
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 or institution may file with the
department a request that beverages or other property of a kind
specified in the request be turned over to the department or
institution. No beverage or property for which a request has been
made by a state department or institution shall be destroyed until
all requests of state departments and institutions for the type or
kind of beverage or property have been complied with.
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, the alcoholic beverages or other
property shall be subjected to a forfeiture proceeding in the
superior court as provided in this chapter.
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 corporations having any right,
title, or interest in the alcoholic beverages or other property
seized. If the owner or owners are unknown or cannot be found, notice
of the seizure and intended forfeiture proceedings shall be made
upon such owners by publication pursuant to Section 6061 of the
Government Code in the county where the seizure was made.
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 of the alcoholic beverages or other
property seized may file a verified answer to the fact of the alleged
unlawful use of the alcoholic beverages or other property. The
claimant of any right, title, or interest in the alcoholic beverages
or other property seized may make a verified answer to establish his
claim as provided in Section 25367. No extensions of time shall be
granted for the purpose of making the verified answer.
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 unlawful use and shall, upon proof thereof,
order the alcoholic beverages or other property forfeited to the
State.
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 proceeding shall be given to the
owner or owners filing verified answers.
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 property were not in fact used contrary
to the provisions of this division.
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 alcoholic beverages or other
property released to the owner or owners thereof.
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 conditional sales contract which is officially
of record may prove that the lien, mortgage, or conditional sales
contract is bona fide and was created after a reasonable
investigation of the moral responsibility, character, and reputation
of the lienor, mortgagor, or vendee and without any knowledge that
the alcoholic beverages or other property was being, or was to be,
used contrary to the provisions of this division.
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 to him if the amount due to him
is equal to, or in excess of, the value of the alcoholic beverages or
other property. If the amount due to him is less than the value of
the alcoholic beverages or other property, the alcoholic beverages or
other property shall be sold at public auction by the department,
and the remainder of the proceeds of the sale, after payment of the
balance due on the purchase price, mortgage, or lien, shall be
deposited in the State Treasury.
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 vendor and purchase the
alcoholic beverages or other property for the State.
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 disposition as follows:
(a) Delivery to the Department of Alcoholic Beverage Control for
use in the needs of the department as may be requested by it.
(b) Delivery to any other state department, board, commission,
officer, hospital, or institution.
(c) Sale at public auction, and when alcoholic beverages are sold
at public auction they shall be sold only to licensees authorized to
sell them.
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 Beverage Control.
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 division in any manner other than
as directed by order of the court or the provisions of this division
is liable to the State in a civil action and is guilty of a felony.
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 release ordered as provided in this
chapter, or other disposition has been made pursuant to this
division.
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 superior court for the seizure
of a license described in this division for purposes of seeking
forfeiture of the license pursuant to Sections 11470 to 11492,
inclusive, of the Health and Safety Code. From the time of notice
until the hearing to establish probable cause, as provided by this
section, the license may not be sold or transferred. The 10-day
period may be extended by the court for good cause or upon the
stipulation of the parties.
(b) A petition for forfeiture pursuant to Section 11488.4 of the
Health and Safety Code shall be filed within 10 days of the service
of notice pursuant to this section.
(c) At the hearing, the Attorney General or district attorney
shall establish probable cause that the license is subject to
forfeiture pursuant to Section 11470 of the Health and Safety Code.
The showing of probable cause may be established by deposition,
affidavit, declaration, prior judicial testimony, or other evidence.
The licensee may produce evidence to refute the showing of probable
cause.
(d) If the court determines there is probable cause that the
license is subject to forfeiture, it shall issue an order for its
seizure by any peace officer within its jurisdiction.
(e) If probable cause is not established at the hearing, or if the
hearing is neither held within the 10-day period nor continued for
good cause or by stipulation of the parties, the prohibition against
the sale or transfer of the license shall immediately cease and the
petition for forfeiture shall be dismissed.
(f) Immediately upon seizure of the license, the peace officer
shall surrender the license to the department by certified mail,
along with written notice to the department of the seizure and
intention to seek the initiation of forfeiture proceedings. No person
who holds any interest in a license shall exercise any privileges of
that license after it has been seized and during the time it is
surrendered to the department pursuant to this subdivision.
However, if the licensee appears and in any manner contest the
showing of probable cause required by this subdivision, the licensee
shall be barred from bringing a motion pursuant to paragraph (2) of
subdivision (g) of Section 11488.4 of the Health and Safety Code.
(g) Notwithstanding Article 5 (commencing with Section 23090) of
Chapter 1.5 of this division, the Attorney General or a district
attorney may seek a pendente lite order as provided in Section 11492
of the Health and Safety Code or Section 186.6 of the Penal Code
relating to the custody, right, title, interest, and exercise of
rights and privileges as related to a license described in this
division which is the subject of a forfeiture proceeding pursuant to
Section 11488.4 of the Health and Safety Code or Section 186.4 of the
Penal Code.
(h) Rights and privileges related to any license which is the
subject of a forfeiture proceeding and which has been seized and
surrendered to the department pursuant to this section may be
exercised solely by a receiver appointed pursuant to Section 11492 of
the Health and Safety Code or Section 186.6 of the Penal Code. No
license, rights, or privileges of a license may be exercised by a
receiver until that person has been found qualified to hold a license
in his or her own right by the department pursuant to this division
and the license has been issued to the custody of the receiver.
Chapter 6 (commencing with Section 23950) of this division does not
apply to a receiver appointed pursuant to this paragraph. Any
receiver appointed pursuant to Section 11492 of the Health and Safety
Code or Section 186.6 of the Penal Code who exercises privileges of
a license issued to his or her custody shall be subject to
disciplinary proceedings and may have the license suspended or
revoked in the same manner as if he or she were licensed directly
pursuant to this division.
(i) Upon the entry of a judgment of forfeiture pursuant to Section
11488.5 of the Health and Safety Code or Section 186.6 of the Penal
Code, or a declaration of forfeiture pursuant to subdivision (j) of
Section 11488.5 of the Health and Safety Code forfeiting a license
described in this division, the state or local government entity
shall sell and transfer the license in accordance with Chapter 6
(commencing with Section 23950) of this division. The proceeds of
that sale and transfer shall be allocated as specified in Section
11489 of the Health and Safety Code or Section 186.8 of the Penal
Code, as appropriate.
(j) Any alcoholic beverage which is the subject of a judgment of
forfeiture pursuant to Section 11488.5 of the Health and Safety Code
or Section 186.7 of the Penal Code, or a declaration of forfeiture
pursuant to subdivision (i) of Section 11488.4 of the Health and
Safety Code may be sold, transferred, and delivered by the state or
local governmental entity, as specified in Section 11489 of the
Health and Safety Code or Section 186.8 of the Penal Code, to a
person licensed to sell that type of alcoholic beverage pursuant to
this division.
