SECTIONS 23049-23058 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 23049-23058

23049. It is the intention of the Legislature in enacting this
chapter to provide a governmental organization which will ensure a
strict, honest, impartial, and uniform administration and enforcement
of the liquor laws throughout the State.

23050. There is in the State Government a Department of Alcoholic
Beverage Control. The department shall be administered through a
civil executive officer who shall be known as the Director of
Alcoholic Beverage Control. The director shall be appointed and shall
serve as provided in Section 22 of Article XX of the Constitution
and shall receive an annual salary as provided for by Chapter 6 of
Part 1 of Division 3 of Title 2 of the Government Code.

23051. On and after January 1, 1955, the department shall succeed
to all of the powers, duties, purposes, responsibilities, and
jurisdiction now conferred on the State Board of Equalization under
Section 22 of Article XX of the Constitution and this division,
except the power to assess and collect such excise taxes as are or
may be imposed by law on account of the manufacture, importation, and
sale of alcoholic beverages in this State, which shall remain the
exclusive power of the State Board of Equalization.
All other laws heretofore or hereafter applicable to the State
Board of Equalization with respect to alcoholic beverages, except as
to excise taxes, shall hereafter be construed to apply to the
department.
Any license issued by the board and in effect on December 31,
1954, shall be deemed on and after January 1, 1955, to be a license
of the department.

23052. The provisions of Chapter 2, Part 1, Division 3, Title 2 of
the Government Code shall govern and apply to the conduct of the
department in every respect the same as if such provisions were
herein set forth at length, and wherever in that chapter the term
"head of the department" or similar designation occurs, for the
purposes of this section it shall mean the director.

23053. The director shall be the appointing power of all employees
within the department, and all heads of divisions, bureaus and other
employees in the department shall be responsible to the director for
the proper carrying out of the duties and responsibilities of their
respective positions.

23053.1. The director may bring an action to enjoin a violation or
the threatened violation of any provision of this division,
including, but not limited to, subdivision (e) of Section 24200
regarding a licensee's failure to correct objectionable conditions
following notice, or any rule promulgated pursuant to the provisions
of this division. The action may be brought in the county in which
the violation occurred or is threatened to occur. Any proceeding
brought hereunder shall conform to the requirements of Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure.

23053.5. The department shall have the function of investigation of
violations of Chapters 10, 11 and 15 of this division and rules of
the department relating thereto. To the end that such provisions are
more adequately and strictly enforced, funds for support of this
program shall be derived as follows: In addition to fees otherwise
provided for in this division, the following amounts shall be paid to
the department by holders of the following types of licenses:

(a) Retail package off-sale
general license ................... $24 per year
(b) Rectifier's license ........... $52 per year
(c) Distilled spirits wholesaler's
license ........................... $52 per year
(d) Distilled spirits
manufacturer's agent's license .... $52 per year
(e) Distilled spirits
manufacturer's license ............ $52 per year
(f) Distilled spirits importer's
general license ................... $52 per year
(g) California winegrower's
agent's license ................... $52 per year

Payment of those amounts shall be made upon issuance or transfer
of these types of licenses, and shall be made by the holders of these
types of licenses at the time specified in this division for payment
of annual renewal fees therefor.
The provisions of Section 23322 shall apply to the amounts to be
paid under this section. All money collected from the fees provided
for in this section shall be deposited in the Alcohol Beverage
Control Fund as provided in Section 25761.

23054. All persons in the state civil service employed on the
operative date hereof in the State Board of Equalization in carrying
out functions transferred to the Department of Alcoholic Beverage
Control by this article are transferred to the department and retain
their respective positions in the state civil service, subject to the
provisions of Article XXIV of the Constitution and laws continued in
force thereby or adopted pursuant thereto.
The transfer of personnel made by this section shall be subject to
the power of the director, in accordance with the State Civil
Service Act, to reorganize the department, to discipline employees
transferred for incompetency, inefficiency, inexcusable neglect of
duty, prior or subsequent to the transfer, or for any other cause for
discipline provided by law, and to lay off and demote employees for
lack of funds, in accordance with the State Civil Service Act.

23055. On or before March 1 of each year, the director shall
prepare and submit to the Legislature an annual report on the
department's activities. The report shall include, but not be limited
to, the following information for the previous calendar year:
(a) The amount of funds allocated and spent by the department for
licensing, enforcement, and administration.
(b) The number of licenses issued, renewed, denied, suspended, and
revoked, by license category.
(c) The average time for processing license applications, by
license category.
(d) The number and type of enforcement activities conducted by the
department and by local law enforcement agencies in conjunction with
the department.
(e) The number, type, and amount of penalties, fines, and other
disciplinary actions taken by the department.

23056. The department shall send a copy of the information sheet
prepared by the Department of the California Highway Patrol pursuant
to Section 2426 of the Vehicle Code with each renewal notice to any
on-sale licensee.

23057. The department shall send, with each renewal notice to any
on-sale or off-sale licensee, information regarding the use of
persons under the age of 21 years by peace officers to apprehend
licensees, or the employees or agents of licensees, who sell
alcoholic beverages to persons under the age of 21 years.

23058. In order to facilitate the board's administration of the
Sales and Use Tax Law (Part 1 (commencing with Section 6001) of
Division 2 of the Revenue and Taxation Code), the department shall,
each quarter at no cost to the board, electronically transmit to the
board a report on the licenses issued or transferred pursuant to this
division. The report shall include the names and addresses of all
persons to whom the license is issued or transferred, the type of
license issued or transferred, and the effective date of the license
or transfer. With respect to transfers, the report shall additionally
include the names and addresses of the transferors. The information
shall be transmitted to the board in a format agreed upon by both the
board and the department.