SECTIONS 25750-25762 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 25750-25762

25750. (a) The department shall make and prescribe those reasonable
rules as may be necessary or proper to carry out the purposes and
intent of Section 22 of Article XX of the California Constitution and
to enable it to exercise the powers and perform the duties conferred
upon it by that section or by this division, not inconsistent with
any statute of this state, including particularly this division and
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
(b) Any regulation which excludes nude persons from licensed
premises shall not apply to a nude person at licensed premises
located at a nudist resort or nudist campground which was in
existence prior to January 1, 1977, and whose operation is in
conformance with local land use regulations.
(c) Subdivision (b) is applicable only in a county where the board
of supervisors of the county in which the licensed premises is
located adopts an ordinance or resolution making subdivision (b)
applicable in that county, and the sheriff of that county certifies
that no extraordinary police problem would be created thereby.

25751. For the performance of its duties the department has the
power conferred by Sections 11180 to 11191, inclusive, of the
Government Code.

25752. No licensee may manufacture, import, sell or distribute
alcoholic beverages, except wine, in the State of California unless
he keeps records at his licensed premises of such manufacture,
importation, sale or distribution of alcoholic beverages
manufactured, imported, sold or distributed by the licensee in this
State. Such records shall include all expenditures incurred by the
licensee in the manufacture, importation, sale or distribution of
alcoholic beverages, except wine, in this State. Provided, however,
that any licensee licensed at more than one premises may keep all
said records at one of his licensed premises. Records herein required
to be kept shall be kept for a period of three years from the date
of the transaction.

25753. The department may make any examination of the books and
records of any licensee or other person and may visit and inspect the
premises of any licensee it may deem necessary to perform its duties
under this division.

25754. The director and the persons employed by the department for
the administration and enforcement of the provisions of this division
may administer and certify oaths in the administration and
enforcement of this division.

25755. (a) The director and the persons employed by the department
for the administration and enforcement of this division are peace
officers in the enforcement of the penal provisions of this division,
the rules of the department adopted under the provisions of this
division, and any other penal provisions of law of this state
prohibiting or regulating the sale, exposing for sale, use,
possession, giving away, adulteration, dilution, misbranding, or
mislabeling of alcoholic beverages or intoxicating liquors, and these
persons are authorized, while acting as peace officers, to enforce
any penal provisions of law while in the course of their employment.
(b) The director, the persons employed by the department for the
administration and enforcement of this division, peace officers
listed in Section 830.1 of the Penal Code, and those officers listed
in Section 830.6 of the Penal Code while acting in the course and
scope of their employment as peace officers may, in enforcing the
provisions of this division, visit and inspect the premises of any
licensee at any time during which the licensee is exercising the
privileges authorized by his or her license on the premises.
(c) Peace officers of the Department of the California Highway
Patrol, members of the University of California and California State
University police departments, and peace officers of the Department
of Parks and Recreation, as defined in subdivisions (a), (b), (c),
and (f) of Section 830.2 of the Penal Code, may, in enforcing this
division, visit and inspect the premises of any licensee located on
state property at any time during which the licensee is exercising
the privileges authorized by his or her license on the premises.
(d) Any agents assigned to the Drug Enforcement Narcotics Team by
the director shall have successfully completed a four-week course on
narcotics enforcement approved by the Commission on Peace Officer
Standards and Training. In addition, all other agents of the
department shall successfully complete the four-week course on
narcotics enforcement approved by the Commission on Peace Officer
Standards and Training by June 1, 1995.

25757. The department may authorize any of its executive officers
to join or subscribe to any national association or service having as
its purpose the gathering and supply of information relative to the
technique of liquor regulation, control, or administration.

25758. When a person attends as a witness in any criminal case in
which a person is charged with a violation of any penal provisions of
the law prohibiting or regulating the sale, exposing for sale, use,
possession, giving away, adulteration, dilution, misbranding, or
mislabeling of an alcoholic beverage or intoxicating liquor, and the
court in the exercise of its discretion does not authorize the
payment of the witness from county funds under Section 1329 of the
Penal Code, the department may expend any money available to it to
pay him witness fees at the rate of three dollars ($3) for each day's
actual attendance and a reasonable sum for the necessary expenses of
the witness, or, in the case of a witness attending from outside the
State, to pay the witness the sum of ten cents (0.10) for each mile
and five dollars ($5) for each day that he is required to travel and
attend as a witness.

25758.5. In any hearing before the department pursuant to Section
24300, the department may pay any person appearing as a witness at
the hearing at the request of the department pursuant to a subpoena,
his or her actual, necessary, and reasonable travel, food, and
lodging expenses, not to exceed the amount authorized for state
employees.

25759. When license fees are required to be paid on or by specified
dates, they shall be deemed to have been paid at the time they are
filed with or paid to the department or other proper official or, if
sent by mail, on the date shown by the United States postmark on the
envelope containing the payment.

25760. Notice of any act of the department required by this
division to be given may be signed and given by the director or an
authorized employee of the department and may be made personally or
by mail. If made by mail, service shall be made in the manner
prescribed by Section 1013 of the Code of Civil Procedure. In case of
service by mail, the service is complete at the time of deposit in
the United States Post Office.

25761. All money collected as fees pursuant to this division, as
payments under Section 23096, and under the excise tax provisions of
this division or Part 14 (commencing with Section 32001) of Division
2 of the Revenue and Taxation Code shall be deposited in the State
Treasury to the credit of the Alcohol Beverage Control Fund, which
fund is continued in existence.
The money in the Alcohol Beverage Control Fund shall be expended
as follows:
(a) The amount necessary for the allowance of the refunds provided
for in this division or Part 14 (commencing with Section 32001) of
Division 2 of the Revenue and Taxation Code is hereby appropriated,
without regard to fiscal years, to the Controller for payment of
these refunds.
(b) All money derived as payment under Section 23096 and from
excise taxes under Part 14 (commencing with Section 32001) of
Division 2 of the Revenue and Taxation Code remaining after
compliance with subdivision (a) shall be transferred to the General
Fund on the order of the Controller.
(c) All original license fees paid on or after July 1, 1998,
pursuant to Section 23954.5 shall remain in the Alcohol Beverage
Control Fund.
(d) All other money collected as fees and deposited in the Alcohol
Beverage Control Fund shall be allocated, upon appropriation by the
Legislature, to the Department of Alcoholic Beverage Control for the
enforcement and administration of the Alcoholic Beverage Control Act.
(e) Money transferred to the General Fund pursuant to subdivision
(b) shall be in lieu of any assessment that would be made on the
Department of Alcoholic Beverage Control pursuant to Section 11270
and following of the Government Code.
(f) Upon appropriation by the Legislature, the amount necessary
for the support of the Department of Alcoholic Beverage Control's
grant assistance program. This amount shall be sufficient to cover
the salaries and benefits of the alcohol beverage control peace
officer positions dedicated to this program. However, based on the
available revenue in the Alcohol Beverage Control Fund, the amount
shall not be less than one million five hundred thousand dollars
($1,500,000) and not more than three million dollars ($3,000,000).

25762. All fines and forfeitures of bail imposed for a violation of
this division and collected in any court other than a municipal
court shall be paid to the county treasurer of the county in which
the court is held.
All fines and forfeitures of bail imposed for violation of this
division and collected upon conviction or upon forfeiture of bail,
together with money deposited as bail, in any municipal court shall
be deposited with the county treasurer of the county in which the
court is situated and the money deposited shall be distributed and
disposed of pursuant to Section 1463 of the Penal Code.