California Business and Professions Code CHAPTER 1 - General Provisions and Definitions

  • Section 23000.
    This division shall be known and may be cited as the “Alcoholic Beverage Control Act.”(Added by Stats. 1953, Ch. 152.)
  • Section 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...
  • Section 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...
  • Section 23002.
    Unless the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this division.(Added by Stats. 1953, Ch.
  • Section 23003.
    “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.(Added by Stats. 1953, Ch. 152.)
  • Section 23003.1.
    “Powdered alcohol” means an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted...
  • Section 23003.1.a.
    “Powdered alcohol” means an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted...
  • Section 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...
  • Section 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,...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 23009.
    “Licensee” means any person holding a license, a permit, a certification, or any other authorization issued by the department.(Amended by Stats. 2004, Ch. 437, Sec....
  • Section 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.(Amended by...
  • Section 23011.
    “Salesman” means any individual who solicits or receives an order for alcoholic beverages from any licensee.(Added by Stats. 1953, Ch. 152.)
  • Section 23012.
    “Beer manufacturer” means any person that has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of beer.(Amended by Stats....
  • Section 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...
  • Section 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...
  • Section 23014.
    “Brandy manufacturer” means any person engaged in the manufacture of brandy only and not in the manufacture of any other distilled spirits.(Added by Stats. 1953,...
  • Section 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...
  • Section 23016.
    “Rectifier” means every person who colors, flavors, or otherwise processes distilled spirits by distillation, blending, percolating, or other processes. “Rectifier” does not include an on-sale...
  • Section 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...
  • Section 23018.
    “Exporter” means any person who sells, delivers, or consigns alcoholic beverages located within this State for delivery, use, or sale without the State.(Added by Stats....
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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,...
  • Section 23023.
    “Retailer” means any on- or off-sale licensee.(Added by Stats. 1953, Ch. 152.)
  • Section 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.(Added by Stats. 1953,...
  • Section 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...
  • Section 23026.
    “Retail sale” or “sale at retail” means the sale by an on- or off-sale licensee for consumption and not for resale.(Added by Stats. 1953, Ch.
  • Section 23027.
    “Wholesale sale” or “sale at wholesale” means a sale to any licensee for purposes of resale.(Added by Stats. 1953, Ch. 152.)
  • Section 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...
  • Section 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...
  • Section 23030.
    “To bottle” or “to package” means to bottle, barrel, or otherwise place alcoholic beverages in a container.(Added by Stats. 1953, Ch. 152.)
  • Section 23031.
    “Gallon” or “wine gallon” means that liquid measure containing 231 cubic inches.(Added by Stats. 1953. Ch. 152.)
  • Section 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...
  • Section 23033.
    “Proof gallon” means a gallon of proof spirits or an equivalent amount of alcohol.(Added by Stats. 1953, Ch. 152.)
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 23038.3.
    Notwithstanding Section 23038, for purposes of issuing an on-sale beer and wine license only, “bona fide public eating place” also means a cooking school that...
  • 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...
  • Section 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...
  • Section 23040.
    “Within this State” means all territory within the boundaries of this State.(Added by Stats. 1953, Ch. 152.)
  • Section 23041.
    “Without the State” means all territory without the boundaries of this State.(Added by Stats. 1953, Ch. 152.)
  • Section 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...
  • Section 23043.
    “Department” means the Department of Alcoholic Beverage Control, and “director” means the Director of Alcoholic Beverage Control.(Amended by Stats. 1955, Ch. 447.)
  • Section 23044.
    “License” means a license authorized to be issued by the department pursuant to this division.(Amended by Stats. 1955, Ch. 447.)
  • Section 23045.
    “Appeals board” means the Alcoholic Beverage Control Appeals Board.(Added by Stats. 1955, Ch. 447.)
  • Section 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...
  • Section 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...

Last modified: October 22, 2018