SECTIONS 23660-23673 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 23660-23673

23660. Postal authorities may refuse delivery of any shipment of
alcoholic beverages originating outside this State. Postal
authorities may turn alcoholic beverages over to the department. The
alcoholic beverage when received shall be forfeited to the State.

23661. Except as otherwise provided in this section, alcoholic
beverages may be brought into this state from without this state for
delivery or use within the state only by common carriers and only
when the alcoholic beverages are consigned to a licensed importer,
and only when consigned to the premises of the licensed importer or
to a licensed importer or customs broker at the premises of a public
warehouse licensed under this division.
The provisions of this chapter are not applicable in the case of
alcoholic beverages which are sold and delivered by a licensee in
this state to another licensee in this state, and which in the course
of delivery are taken without this state through another state
without any storage thereof in such other state.
The provisions of this section are not applicable in the case of a
reasonable amount of alcoholic beverages brought into this state by
an adult from without the United States for personal or household
use; except that a California resident returning to the United States
by a vehicle which is not a common carrier, or any adult entering
the United States as a pedestrian, shall be restricted to the amount
of alcoholic beverages which are exempt from the payment of duty in
accordance with existing provisions of federal law. Such alcoholic
beverages shall be exempt from state licensing restrictions.
The provisions of this section are not applicable in the case of
alcoholic beverages shipped into this state from without the United
States by an adult member of the armed forces of the United States,
serving outside the confines of the United States, for his personal
or household use within the state in such quantity of alcoholic
beverages as is exempt from the payment of duty under existing
provisions of the Federal Tariff Act or regulations. Such alcoholic
beverages may be brought into this state only by common carrier and
consigned to the premises of a licensed importer or customs broker,
or to a licensed importer or customs broker at the premises of a
public warehouse licensed under this division. Notwithstanding any
other provisions of this division, the holder of an importer's
license, a customs broker's license, or a public warehouse license,
may make delivery of such alcoholic beverages as may be brought into
this state under the provisions of this paragraph directly to the
owner thereof upon satisfactory proof of identity. Such delivery
shall not be deemed to constitute a sale in this state.
A manufacturer of distilled spirits may transport such distilled
spirits into this state in motor vehicles owned by or leased to the
manufacturer, and operated by employees of the manufacturer, if:
(a) Such distilled spirits are transported into this state from a
place of manufacture within the United States; and
(b) The manufacturer holds a California distilled spirits
manufacturer's license; and
(c) Delivery is made to the licensed premises of such distilled
spirits manufacturer.

23661.1. Notwithstanding any other provision of law, an adult
passenger on board a chartered airplane on a flight which commences
and terminates in the continental United States and which does not
land outside the continental United States, may bring not to exceed
one quart of alcoholic beverages into this State for household or
personal use. Such alcoholic beverages shall be exempt from state
licensing restrictions. No person shall bring in more than one quart
of alcoholic beverages during any calendar year pursuant to the
authority granted in this section.

23661.2. Notwithstanding any other law, an individual or retail
licensee in a state that affords California retail licensees or
individuals an equal reciprocal shipping privilege, may ship, for
personal use and not for resale, no more than two cases of wine (no
more than nine liters each case) per month to any adult resident in
this state. Delivery of a shipment pursuant to this subdivision shall
not be deemed to constitute a sale in this state.
The shipping container of any wine sent into or out of this state
under this section shall be clearly labeled to indicate that the
container cannot be delivered to a minor or an intoxicated person.

23661.3. (a) Notwithstanding any law, rule, or regulation to the
contrary, any person currently licensed in this state or any other
state as a winegrower who obtains a wine direct shipper permit
pursuant to this section may sell and ship wine directly to a
resident of California, who is at least 21 years of age, for the
resident's personal use and not for resale.
Before sending any shipment to a resident of California, the wine
direct shipper permitholder must:
(1) File an application with the department.
(2) Pay a ten-dollar ($10) annual registration fee if the
winegrower is not currently licensed by the department.
(3) Provide the department its California alcoholic beverage
license number or a true copy of its current alcoholic beverage
license issued by another state.
(4) Obtain from the department a wine direct shipper permit.
(5) Obtain a seller's permit or register with the State Board of
Equalization pursuant to Part 1 (commencing with Section 6001) of
Division 2 of the Revenue and Taxation Code.
(b) A wine direct shipper permit authorizes the permitholder to do
all of the following:
(1) Sell and ship wine to any person 21 years of age or older for
his or her personal use and not for resale.
(2) Ship wine directly to a resident in this state only in
containers that are conspicuously labeled with the words: "CONTAINS
ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR
DELIVERY."
(3) Ship wine only if the permitholder requires the carrier to
obtain the signature of any individual 21 years of age or older
before delivering any wine shipped to an individual in this state.
(4) If the permitholder is located outside of this state, report
to the department no later than January 31 of each year, the total
amount of wine shipped into the state during the preceding calendar
year under the wine direct shipper permit.
(5) If the permitholder is located outside of this state, pay to
the State Board of Equalization all sales and use taxes, and excise
taxes on sales to residents of California under the wine direct
shipper permit. For excise tax purposes, all wine sold pursuant to a
direct shipper permit shall be deemed to be wine sold in this state.
(6) If located within this state, provide the department any
necessary additional information not currently provided to ensure
compliance with this section.
(7) Permit the department or the State Board of Equalization to
perform an audit of the wine direct shipper permitholder's records
upon request.
(8) Be deemed to have consented to the jurisdiction of the
department or any other state agency and the California courts
concerning enforcement of this section any related laws, rules, or
regulations.
(d) A wine direct shipper permitholder located outside of the
state may annually renew its permit with the department by paying a
ten-dollar ($10) renewal registration fee and providing the
department with a true copy of its current alcoholic beverage license
issued by another state. A wine direct shipper permitholder located
in California shall renew its wine direct shipper permit in
conjunction with its master license. For purposes of this section,
"master license" means a winegrower's license issued by the
department.
(e) The department and the State Board of Equalization may
promulgate rules and regulations to effectuate the purposes of this
law.
(f) The department may enforce the requirements of this section by
administrative proceedings to suspend or revoke the wine direct
shipper permit, and the department may accept payment of an offer in
compromise in lieu of suspension as provided by this division. Any
hearing held pursuant to Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code against a
permitholder outside of California shall be held in Sacramento.
(g) Sales and shipments of wine direct to consumers in California
from winegrowers who do not possess a current wine direct shipper
permit from the department are prohibited. Any person who knowingly
makes, participates in, transports, imports, or receives such a
shipment is guilty of a misdemeanor pursuant to Section 25617.

23661.5. A person who manufactures or produces wine or beer outside
of this state, but within the United States, in accordance with the
requirements of the laws of the United States, may transport such
wine or beer into this state, in a vehicle owned and operated by the
manufacturer or producer or operated by him pursuant to a lease the
term of which is not less than 30 days, or by contract carrier, for
delivery to a licensee who is authorized under this division to
import the wine or beer into this state, if:
(a) The delivery is made at the premises of the licensee or to a
licensee or a licensed customs broker at the premises of a public
warehouse licensed under this division; and
(b) The manufacturer or producer holds a manufacturer's interstate
alcoholic beverage transporter's permit under Section 32110 of the
Revenue and Taxation Code.

23661.6. A licensed winegrower who in the course of business
exports wine from this State to another state, may subsequently
return to his licensed premises in this State all or any portion of
such wine in private vehicles owned or under the control of the
winegrower. Any wine so returned shall be subject to the provisions
of Section 32175 of the Revenue and Taxation Code.

23661.7. (a) A person who has purchased wine from a licensed
winegrower or a holder of a beer and wine wholesaler's license and an
off-sale retail license that only sells wine, has taken delivery of
that wine within this state for delivery or use without the state,
and has removed that wine from the state, may return all or any
portion of that wine to the licensed premises of the winegrower or
holder of a beer and wine wholesaler's license and an off-sale retail
license that only sells wine in this state from whom the wine was
purchased. To make a return the purchaser need not obtain any license
in this state, and may return the wine in a vehicle owned or
controlled by the purchaser.
(b) The provisions of Section 32175 of the Revenue and Taxation
Code shall apply to any wine so returned.

23662. A shipment shall be deemed to be consigned to a licensed
importer, although originally consigned to a person not so licensed,
when the shipment is, before delivery and without leaving the
possession of the common carrier transporting it, reconsigned or
diverted in transit by either the consignor or consignee to a
licensed importer to whom final delivery by the common carrier is
made.

23663. Alcoholic beverages which are consigned to a destination
within this State shall be presumed to be for delivery or use within
this State.

23664. A railroad, sleeping car, dining car, boat, or steamship
company or air common carrier carrying interstate or foreign
passengers on trains, boats, or airplanes shall not be deemed to be
an importer or subject to an importer's license for bringing into
this State alcoholic beverages for the purpose of sale within this
State on the trains, cars, boats, or airplanes on which the alcoholic
beverages are brought into this State exclusively to passengers or
employees not on duty, and for carrying the same alcoholic beverages
or any unsold portion thereof out of this State in due course of
operation.

23666. Alcoholic beverages imported into this State contrary to the
provisions of Sections 23661 to 23664, inclusive, shall be seized by
the department.

23667. Common carriers transporting alcoholic beverages into this
State for delivery or use within this State or common carriers making
delivery of alcoholic beverages so transported shall obtain from the
licensed importer or customs broker a receipt on a form prescribed
by the department for the alcoholic beverages so transported and
delivered. If the consignee refuses to give the receipt and show his
license to the carrier, the carrier is relieved of all responsibility
for delivery of the alcoholic beverages.

23668. Subject to the provisions of Section 23662, whenever the
consignee is not a licensed importer or customs broker or whenever
the consignee refuses to give his receipt and show his license, the
carrier shall immediately notify the department at Sacramento giving
full details as to the character of shipment, point of origin,
destination, and address of the consignor and consignee, and within
10 days the alcoholic beverages shall be delivered to the department
and shall be forfeited to the State.

23669. If any alcoholic beverages seized under Section 23666 or
forfeited under Section 23668 are sold by or under the direction of
the department, the common carrier's unpaid freight and storage
charges accruing on the shipments of the alcoholic beverages shall be
satisfied out of the proceeds of any sale made by the State after
deducting the cost of the sale and any excise taxes accruing thereon.

23670. Every person violating the provisions of this article is
guilty of a misdemeanor.

23671. No beer importer shall purchase any beer not manufactured
within the state or cause any beer to be transported into the state
for sale in the state, unless the out-of-state vendor making shipment
of the beer into the state holds a certificate of compliance issued
by the department. A certificate of compliance shall be granted when
the out-of-state vendor makes a written agreement with the department
to furnish to the board, on or before the 10th day of each month, a
report on a form prescribed by the board, showing the quantity of
beer shipped by the out-of-state vendor to each licensed beer
importer in this state during the preceding month. The out-of-state
vendor shall further agree that it and its agents and all agencies
within this state controlled by it will comply with all laws of this
state and all rules of the department with respect to the sale of
alcoholic beverages, including, but not limited to, Chapter 12
(commencing with Section 25000) of Division 9, and Section 25509, to
the same extent as licensees.
If any out-of-state vendor, after obtaining the certificate, fails
to submit the report or to comply with Section 14575 of the Public
Resources Code, the department may suspend or revoke the certificate
of compliance in the manner provided for the suspension or revocation
of licenses, and after a hearing which shall be held in the City of
Sacramento or in any other county seat in this state which the
department determines to be convenient to the holder of the
certificate. No fee shall be charged for the certificate of
compliance which shall remain in effect until revoked by the
department.

23672. A licensed importer shall not purchase or accept delivery of
any brand of distilled spirits unless he is designated as an
authorized importer of such brand by the brand owner or his
authorized agent. Such distilled spirits imported into California
shall come to rest at the warehouse of the licensed importer or an
authorized warehouse for the account of such licensed importer,
before sale and delivery to a retail licensee.

23673. No brand owner of distilled spirits or his agent shall sell
any brand of distilled spirits to a wholesaler or rectifier in this
state at a price higher than the lowest price at which such brand of
distilled spirits is sold by such brand owner or his agent to any
wholesaler or rectifier during any calendar month anywhere in any
other state or in the District of Columbia or to any state or state
agency which owns or operates retail distilled spirits stores.
In determining the lowest price for which any brand of distilled
spirits is sold in any other state or the District of Columbia or to
any state or state agency which owns and operates retail distilled
spirits stores, appropriate reduction shall be made to reflect all
discounts, all rebates, allowances, and other inducements of any kind
whatsoever offered or given to any such wholesaler or state, or
state agency, as the case may be, purchasing such brand of distilled
spirits in such other state or in the District of Columbia or to the
state or state agency which owns or operates retail distilled spirits
stores; provided that nothing in this section shall prevent
differentials in price which make only due allowance for differences
in state excise taxes and fees and the actual cost of delivery. As
used in this section, the term "excise taxes and license fees" shall
mean the excise taxes imposed or the fees required by any state or
the District of Columbia.
A violation of this section shall be remediable only by a civil
action for damages or an action to enjoin a brand owner or his agent
from continued violation brought by any person suffering loss as a
result of such violation. A judgment in any such action rendered
against a licensee shall be deemed grounds for the suspension or
revocation of the violator's license pursuant to Chapter 7
(commencing with Section 24200) of this division.
For the purposes of this section, "distilled spirits" does not
include brandy produced in California. No California brandy
manufacturer or his agent shall be required to file an affidavit
pursuant to this section for California brandy.