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California Business and Professions Code Section 23358

Legal Research Home > California Laws > Business and Professions Code > California Business and Professions Code Section 23358

(a) Licensed winegrowers, notwithstanding any other
provisions of this division, may also exercise the following
privileges:
   (1) Sell wine and brandy to any person holding a license
authorizing the sale of wine or brandy.
   (2) Sell wine and brandy to consumers for consumption off the
premises where sold.
   (3) Sell wine to consumers for consumption on the premises.
   (4) Sell all beers, wines, and brandies, regardless of source, to
consumers for consumption on the premises in a bona fide eating place
as defined in Section 23038 of this code, which is located on the
licensed premises or on premises owned by the licensee that are
contiguous to the licensed premises and which is operated by and for
the licensee. At such bona fide public eating place beer, wine, and
brandy may be used in the preparation of food and beverages to be
consumed on the premises.
   (5) Produce spirits of wine and blend those spirits of wine into
wine produced by the winegrower or sell those spirits of wine to an
industrial alcohol dealer.
   (b) A winegrower may also have upon the premises all beers, wines,
and brandies, regardless of source, for sale or service only to
guests during private events or private functions not open to the
general public. Alcoholic beverage products sold at the premises that
are not produced and bottled by, or produced and packaged for, the
winegrower shall be purchased by the winegrower only from a licensed
wholesaler.
   (c) A winegrower shall actually produce on his or her licensed
premises by conversion of grapes, berries, or other fruit, into wine,
not less than 50 percent of all wines sold to consumers on his or
her licensed premise or premises and any licensed branch premise or
premises.
   (d) The department may, if it shall determine for good cause that
the granting of any such privilege would be contrary to public
welfare or morals, deny the right to exercise any on-sale privilege
authorized by this section in either a bona fide eating place the
main entrance to which is within 200 feet of a school or church, or
on the licensed winery premises, or both.
   (e) Nothing in this section or in Section 23390 is intended to
alter, diminish, replace, or eliminate the authority of a county,
city, or city and county from exercising land use regulatory
authority by law to the extent the authority may restrict, but not
eliminate, privileges afforded by these sections.

Last modified: February 13, 2012