California Business and Professions Code CHAPTER 14 - Seizure and Forfeiture of Property

  • Section 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,...
  • Section 25351.
    Any person who possesses alcoholic beverages which are subject to seizure under Section 25350 is guilty of a misdemeanor.(Added by Stats. 1953, Ch. 152.)
  • Section 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...
  • Section 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,...
  • Section 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,...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 25358.
    The department may order the alcoholic beverages or other property seized disposed of, or returned to the petitioner if illegally or erroneously seized.(Amended by Stats....
  • Section 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...
  • Section 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,...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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,...
  • Section 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...
  • Section 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,...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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,...
  • Section 25374.
    Nothing contained in this chapter applies to common carriers or to an employee acting within the scope of his employment under this division.(Added by Stats....
  • Section 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...

Last modified: October 22, 2018