California Business and Professions Code ARTICLE 3 - Rights and Obligations of Licensees

• Section 23355.
  Except as otherwise provided in this division and subject to the provisions of Section 22 of Article XX of the Constitution, the licenses provided for...
• Section 23355.1.
  Notwithstanding any other provision of this division, the following acts are authorized:(a) Deliveries of distilled spirits by a licensee to a retail licensee may be made...
• Section 23355.2.
  (a) For purposes of this section, “controlled access alcoholic beverage cabinet” means a closed container, either refrigerated, in whole or in part, or nonrefrigerated, and access...
• Section 23355.3.
  (a) A licensee may sponsor or otherwise participate in an event conducted by, and for the benefit of, a nonprofit organization in which retail and nonretail...
• Section 23356.
  Any manufacturer’s or winegrower’s license authorizes the person to whom it is issued to become a manufacturer or producer of the alcoholic beverage specified in...
• Section 23356.1.
  (a) A winegrower’s license also authorizes the person to whom issued to conduct winetastings of wine produced or bottled by, or produced and packaged for, the...
• Section 23356.2.
  (a) No license or permit shall be required for the manufacture of beer or wine for personal or family use, and not for sale, by a...
• Section 23356.3.
  Notwithstanding any other provision of this division, an out-of-state winegrower, after notification to, and approved by, the department, may furnish American wine which the winegrower...
• Section 23356.5.
  A wine blender’s license authorizes the person to whom issued to exercise all of the privileges of a winegrower’s license except:(a) To crush and ferment and...
• Section 23356.6.
  Except as otherwise provided in this act, all provisions in this division pertaining to winegrowers, or to directors, officers, agents and employees of winegrowers, shall...
• Section 23356.7.
  Nothing in this division shall be or be construed to be retroactive or to affect the rights of a person holding a winegrower’s license or...
• Section 23356.8.
  A licensed wine blender shall not be issued and shall not own or hold, directly or indirectly, any retailer’s license, nor shall the holder of...
• Section 23356.9.
  A wine blender’s license does not authorize winetasting activities or the conducting or sponsoring of wine tastings either on or off the wine blender’s licensed...
• Section 23357.
  (a) A licensed beer manufacturer may, at the licensed premises of production, sell to consumers for consumption off the premises beer that is produced and bottled...
• Section 23357.1.
  An out-of-state beer manufacturer’s certificate authorizes the shipment of beer manufactured without this state to licensed importers within this state. Beer manufactured without this state,...
• Section 23357.2.
  (a) An out-of-state beer manufacturer’s certificate may be issued by the department upon the written undertaking and agreement by the applicant:(1) That it and its agents and...
• Section 23357.3.
  (a) A beer manufacturer’s license or out-of-state beer manufacturer’s certificate issued to a manufacturer located within the United States authorizes the licensee to conduct tastings of...
• Section 23357.4.
  (a) Notwithstanding any other provision of this division, an incorporated beer manufacturer’s trade association may conduct beer tastings on behalf of one or more licensed beer...
• 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...
• Section 23358.2.
  Notwithstanding any other provision of this division, a winegrower or brandy manufacturer, at his or her licensed premises where the sale of wine or brandy...
• Section 23358.3.
  A wine grape grower’s storage license authorizes the holder to store bulk wine, made from grapes produced by the holder, on the premises of a...
• Section 23359.
  A wine grower’s license also authorizes the manufacture of grape brandy to be used exclusively in the production of wine by its holder on the...
• Section 23360.
  Licensed brandy manufacturers, notwithstanding any other provisions of this division, may also sell brandy and wine to consumers for consumption off the premises where sold,...
• Section 23361.
  A person holding a brandy manufacturer’s license may also sell grape brandy, fruit brandy, or spirits of wine to licensed wine growers for use by...
• Section 23362.
  Notwithstanding any other provisions of this division, a licensed winegrower or brandy manufacturer may be issued and may hold an off-sale general license or a...
• Section 23363.
  Any licensed manufacturer of distilled spirits originally distilled in this State may sell them to any person holding a license authorizing the sale of distilled...
• Section 23363.1.
  (a) A distilled spirits manufacturer’s license or a craft distiller’s license authorizes the licensee to conduct tastings of distilled spirits produced or bottled by, or produced...
• Section 23363.2.
  (a) A distilled spirits manufacturer not licensed in California may designate in writing a California licensee, other than the holder of any retail license, to conduct...
• Section 23363.3.
  (a) A brandy manufacturer’s license authorizes the licensee to conduct tastings of brandy produced or bottled by, or produced or bottled for, the licensee, on or...
• Section 23364.
  All provisions of this division relating to the sale and delivery of distilled spirits from distilled spirits wholesalers or rectifiers to on- or off-sale licensees,...
• Section 23365.
  Neither a corporation nor a limited partnership required to maintain a register under Section 23405.1 or licensed under Section 23405.2 engaged in the manufacture of...
• Section 23366.
  A distilled spirits manufacturer’s agent’s license authorizes any of the following:(a) The possession of distilled spirits in public or private warehouses.(b) The exportation of distilled spirits.(c) The cutting,...
• Section 23366.1.
  No distilled spirits manufacturer or any agent thereof shall solicit a consumer to purchase amounts or lots of distilled spirits through a specific retailer.This section...
• Section 23366.2.
  An out-of-state distilled spirits shipper’s certificate authorizes the shipment of distilled spirits manufactured without this state to licensed importers within this state. Distilled spirits manufactured...
• Section 23366.3.
  (a) An out-of-state distilled spirits shipper’s certificate may be issued by the department upon the written undertaking and agreement by the applicant:(1) That it and its agents...
• Section 23366.5.
  A winegrower’s license, brandy manufacturer’s license, California winegrower’s agent’s license, beer and wine wholesaler’s license or a distilled spirits manufacturer’s agent’s license also authorizes the...
• Section 23367.
  A still license authorizes the person to whom issued to own or possess the number of stills indicated in the license upon the premises for...
• Section 23368.
  A rectifier’s license authorizes the person to whom issued to cut, blend, rectify, mix, flavor, and color distilled spirits and wine upon which the excise...
• Section 23368.1.
  A distilled spirits rectifier’s general license authorizes the person to whom issued to cut, blend, rectify, mix, flavor, and color distilled spirits, and whether so...
• Section 23369.
  In order to qualify for a rectifier’s license, a person shall actually be engaged at the time the license is issued or renewed, or within...
• Section 23370.
  Nothing in Sections 23368 and 23369 prohibits the issuance of a distilled spirits manufacturer’s agent’s license to any person who is engaged in the bottling...
• Section 23371.
  A rectifier who also performs the functions of a distilled spirits wholesaler shall comply with all the provisions of this division applicable to a holder...
• Section 23372.
  A wine rectifier’s license authorizes the person to whom issued to cut, blend, rectify, mix, flavor, or color wine upon which the excise tax imposed...
• Section 23373.
  A California winegrower’s agent’s license authorizes any of the following:(a) The possession of wine produced in California and brandy distilled in California in public or private...
• Section 23373.1.
  Neither the holder of any wholesaler’s license nor the holder of any retail license may hold a California winegrower’s agent’s license, except that the holder...
• Section 23373.2.
  A winegrower or brandy manufacturer may be represented by only one California winegrower’s agent.(Added by Stats. 1973, Ch. 783.)
• Section 23373.4.
  A California winegrower’s agent’s license authorizes the holder to furnish samples, to produce and distribute wine lists, to produce and furnish advertising material, retailers’ advertising...
• Section 23373.5.
  Nothing in this division shall preclude the department from taking disciplinary action against a winegrower or brandy manufacturer for any violation of this division when...
• Section 23374.
  Any importer’s license authorizes the person to whom issued to become an importer of alcoholic beverages specified in the license, to export the alcoholic beverages,...
• Section 23374.5.
  A distilled spirits importer’s general license authorizes the person to whom issued to become an importer of distilled spirits and to sell distilled spirits to...
• Section 23374.6.
  A beer and wine importer’s general license authorizes the person to whom issued to become an importer of beer or wine and to sell state...
• Section 23375.
  (a) A public warehouse license authorizes the storage of alcoholic beverages for the account of another licensee, including storage in a United States customs bonded warehouse,...
• Section 23375.5.
  No distilled spirits importer’s general license shall be issued to any person who holds an interest, directly or indirectly, in an on-sale or off-sale general...
• Section 23375.6.
  No beer and wine importer’s general license shall be issued to any person who holds an interest, directly or indirectly, in any retail license. No...
• Section 23376.
  A customs broker’s license authorizes the transfer to licensed importers of alcoholic beverages brought into the State in United States internal revenue bond or in...
• Section 23377.
  A wine broker’s license authorizes the person to whom issued to act as a wine broker, for a fee or commission, in the purchase of...
• Section 23378.
  Any wholesaler’s license authorizes the sale of the alcoholic beverage specified in the license only to persons holding licenses issued by the department authorizing the...
• Section 23378.1.
  (a) A California brandy wholesaler’s license may be issued only to the holder of a beer and wine wholesaler’s license, and authorizes the person to whom...
• Section 23378.2.
  Notwithstanding any other provision of this division, a licensed wholesaler or importer may be issued and may hold retail package off-sale beer and wine licenses...
• Section 23379.
  A beer and wine wholesaler’s license also authorizes the labeling, bottling, or packaging of wine in accordance with and subject to the rules of the...
• Section 23380.
  An industrial alcohol dealer’s license authorizes the sale of undenatured ethyl alcohol in packages of more than one gallon for use in the trades, professions,...
• Section 23381.
  Any manufacturer's, wine grower's, manufacturer’s agent's, rectifier’s or wholesaler’s license authorizes the licensee to:(a) Deal in warehouse receipts, for the kind of alcoholic beverages which the...
• Section 23382.
  An offer or agreement to sell distilled spirits, which at the time of the offer or agreement are stored in containers larger than one gallon...
• Section 23383.
  Any manufacturer's, wine grower's, manufacturer’s agent's, importer's, rectifier's, or wholesaler’s license also authorizes the transfer of title to the alcoholic beverages specified in the license...
• Section 23384.
  Any licensed beer manufacturer, wine grower, brandy manufacturer, rectifier, or wholesaler may, in addition to the other privileges exercised under his or her license and...
• Section 23385.
  Any distilled spirits manufacturer’s or brandy manufacturer’s license and any rectifier’s license authorizes the sale, in conformity with United States internal revenue laws and regulations,...
• Section 23386.
  (a) Any manufacturer’s, wine grower’s, manufacturer’s agent’s, rectifier’s, importer’s, or wholesaler’s license also authorizes the giving away of samples of the alcoholic beverages that are authorized...
• Section 23387.
  In addition to the other privileges exercised under a wholesaler’s or rectifier’s license, a wholesaler or rectifier may sell the alcoholic beverages mentioned in his...
• Section 23388.
  A licensed beer manufacturer or a licensed beer wholesaler, in addition to selling beer at his licensed premises, may sell beer from wagons or trucks...
• Section 23389.
  (a) The department may issue to a beer manufacturer a duplicate of its original license for a location or locations other than its licensed premises of...
• Section 23390.
  (a) A licensed winegrower or brandy manufacturer, in addition to exercising all the privileges of his or her license at his or her licensed premises, may...
• Section 23390.5.
  (a) As used in this section, “licensed branch office” means any branch office or warehouse, or United States bonded wine cellar located away from the licensed...
• Section 23391.
  If a violation of any provision of this division or of any rule of the department is committed in the exercise of the license privileges...
• Section 23392.
  If a violation of any provision of this division or of any rule of the department is committed in connection with the premises where the...
• Section 23393.
  A retail package off-sale beer and wine license authorizes the sale, to consumers only and not for resale, of beer in containers, and wine in...
• Section 23393.5.
  (a) The department may issue a limited off-sale retail wine license which authorizes the sale of wine by the licensee if all of the following conditions...
• Section 23394.
  An off-sale general license includes the privileges specified in Section 23393 and authorizes the sale, to consumers only and not for resale, except to holders...
• Section 23394.5.
  No privileges under an off-sale general license, except as provided in Section 23106, shall be exercised by the licensee in more than one room or...
• Section 23394.7.
  No privileges under an off-sale license shall be exercised by the licensee at any customer-operated checkout stand located on the licensee’s physical premises.(Added by Stats....
• Section 23395.
  Nothing in this division prevents the sale, in packages of less than one-half pint, of bitters or other aromatic or flavoring or medicinal preparations, which...
• Section 23396.
  Any on-sale license authorizes the sale of the alcoholic beverage specified in the license for consumption on the premises where sold. No alcoholic beverages, other...
• Section 23396.1.
  (a) An on-sale general license for restricted service lodging establishments authorizes those hotels and motels described in subdivision (b) to sell alcoholic beverages for consumption on...
• Section 23396.2.
  (a) An on-sale general license for a wine, food and art cultural museum, and educational center and an on-sale general license for a wine and food...
• Section 23396.3.
  (a) A brewpub-restaurant license is an on-sale retail license which may be issued to a bona fide public eating place, as defined in Section 23038. The...
• Section 23396.5.
  Notwithstanding any other law, any on-sale licensee that maintains a bona fide eating place in conjunction with such license, any on-sale beer and wine public...
• Section 23396.6.
  (a) The department may issue to the holder of an off-sale retail license an instructional tasting license at the premises of the off-sale retail license. An...
• Section 23397.
  Alcoholic beverages may be served on trains, boats, and airplanes under onsale licenses issued for trains, boats, and airplanes, only to passengers or employees not...
• Section 23398.
  Nothing in this division prevents the purchase or possession in packages of less than one-half pint capacity of bitters or other aromatic or flavoring or...
• Section 23398.5.
  Any on-sale license, issued pursuant to this division that authorizes the sale of wine, also authorizes the sale of soju, an imported Korean alcoholic beverage...
• Section 23399.
  (a) An on-sale general license authorizes the sale of beer, wine, and distilled spirits for consumption on the premises where sold. Any licensee under an on-sale...
• Section 23399.1.
  No license or permit shall be required for the serving and otherwise disposing of alcoholic beverages where all of the following conditions prevail:1. That there is...
• Section 23399.2.
  Premises for which a special onsale general license is issued may be operated only as a club by an organization which meets all the requirements...
• Section 23399.3.
  (a) An on-sale special beer and wine license for hospitals, convalescent homes, and rest homes, authorizes the sale or service of beer and wine purchased from...
• Section 23399.4.
  (a) A licensed winegrower may apply to the department for a certified farmers’ market sales permit. A certified farmers’ market sales permit shall authorize the licensee,...
• Section 23399.45.
  (a) For the purposes of this section:(1) “Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of...
• Section 23399.5.
  (a) (1) A license or permit is not required for the serving of alcoholic beverages in a limousine by any person operating a limousine service regulated by...
• Section 23399.6.
  (a) Any licensee under a winegrower’s license may apply to the department for a wine sales event permit. The wine sales event permit shall authorize the...
• Section 23399.65.
  (a) A licensed beer manufacturer may apply to the department for a brewery event permit. A brewery event permit shall authorize the sale of beer produced...
• Section 23399.7.
  Any license issued to any golf course facility, or any license issued to a licensee that operates at any golf course facility, entitles the licensee...
• Section 23400.
  An on-sale general license authorizes the purchase and possession of distilled spirits in packages which packages shall conform with standards of fill for distilled spirits...
• Section 23401.
  An on-sale general license, with respect to beer and wine, and any on-sale license, with respect to the particular beverage or beverages mentioned in the...
• Section 23402.
  No retail on- or off-sale licensee, except a daily on-sale general licensee holding a license issued pursuant to Section 24045.1, shall purchase alcoholic beverages for...
• Section 23402.5.
  (a) A retail licensee shall not sell or offer for sale any beer that is purchased from a beer manufacturer at the beer manufacturer’s licensed premises...
• Section 23403.
  No retail licensee, except a pharmacy or drug store registered with the California State Board of Pharmacy, shall sell or possess on his licensed premises...
• Section 23404.
  It is unlawful for any salesman to aid or abet in the violation of any of the provisions of this division or knowingly to become...
• Section 23405.
  (a) Any corporation holding a license under this division shall maintain a record of its shareholders at the principal office of the corporation in California and...
• Section 23405.1.
  (a) Any limited partnership holding a license under this division shall maintain a register at the principal office of the limited partnership in California and the...
• Section 23405.2.
  (a) Any limited liability company holding a license under this division shall maintain a record of its members at the principal office of the company in...
• Section 23405.3.
  If a corporation, limited partnership, or limited liability company holds, directly or indirectly, 10 percent or more of the ownership of a license issued under...
• Section 23405.4.
  (a) The department is not required to qualify for a license a person who is an investor in a private equity fund that holds an interest...

Last modified: October 22, 2018