US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 California Code » Business and Professions Code - BPC » DIVISION 9 - ALCOHOLIC BEVERAGES » CHAPTER 1 - General Provisions and Definitions

Section 23000.

23000. This division shall be known and may be cited as the “Alcoholic Beverage Control Act.” (Added by Stats. 1953, Ch. 152.)

Section 23001.

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 people of the State, to eliminate the evils of unlicensed and unlawful manufacture, selling, and disposing of alcoholic beverages, and to promote temperance in the use and consumption of […]

Section 23001.5.

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 or applications of this division that can be given effect without the invalid portion or application, and to this end the provisions of this division are severable. It is […]

Section 23002.

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. 152.)

Section 23003.

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.

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 as an alcoholic beverage when mixed with water or any other liquid. “Powdered alcohol” does not include “vaporized alcohol,” as defined in Section 25621. (Added by Stats. 2016, Ch. […]

Section 23004.

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 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. “Alcoholic beverage” does not […]

Section 23005.

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, brandy, and gin, including all dilutions and mixtures thereof. “Distilled spirits” does not include “powdered alcohol,” as defined in Section 23003.1. (Amended by Stats. 2016, Ch. 778, Sec. 3. […]

Section 23006.

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 combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer, but does not include sake, known as Japanese rice wine. Beer may […]

Section 23007.

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 or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agricultural product or products of which […]

Section 23008.

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 unit, and the plural as well as the singular number. (Added by Stats. 1953, Ch. 152.)

Section 23009.

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. 1. Effective September 9, 2004.)

Section 23010.

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 Stats. 1955, Ch. 1842.)

Section 23011.

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.

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. 2013, Ch. 686, Sec. 1. (AB 647) Effective January 1, 2014.)

Section 23013.

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 production of wine. (Amended by Stats. 2008, Ch. 28, Sec. 1. Effective June 6, 2008.)

Section 23013.5.

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 Laws of the United States but who does not have facilities or equipment for the conversion of grapes, berries or other fruit into wine and does not engage in […]

Section 23014.

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, Ch. 152.)

Section 23015.

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 a winegrower that produces spirits of wine, provided the spirits of wine are blended into wine produced by the winegrower, are sold to an industrial alcohol dealer, or are […]

Section 23016.

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 licensee that colors, flavors, or blends distilled spirits or wine products on the on-sale licensed premises to be consumed on the licensed premises. (Amended by Stats. 2011, Ch. 301, […]