California

Business and Professions Code - BPC

10,525 sections, each with the official text and a plain-English explanation of what it means for you.

• § 22946.2 — This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.
• § 22946.3 — This chapter shall become operative on July 1, 2025.
• § 22947 — This chapter shall be known as and may be cited as the Consumer Protection Against Computer Spyware Act.
• § 22947.1 — For purposes of this chapter, the following terms have the following meanings: (a) “Advertisement” means a communication, the primary purpose of which is the commercial promotion of a commercial produ
• § 22947.2 — A person or entity that is not an authorized user, as defined in Section 22947.
• § 22947.3 — A person or entity that is not an authorized user, as defined in Section 22947.
• § 22947.4 — (a) A person or entity, who is not an authorized user, as defined in Section 22947.
• § 22947.5 — It is the intent of the Legislature that this chapter is a matter of statewide concern.
• § 22947.6 — The provisions of this chapter are severable.
• § 22948 — This chapter shall be known and may be cited as the Anti-Phishing Act of 2005.
• § 22948.1 — For the purposes of this chapter, the following terms have the following meanings: (a) “Electronic mail message” means a message sent to a unique destination, commonly expressed as a string of charact
• § 22948.2 — It shall be unlawful for any person, by means of a Web page, electronic mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to prov
• § 22948.20 — (a) A person or entity shall not provide the operation of a voice recognition feature within this state without prominently informing, during the initial setup or installation of a connected televisio
• § 22948.21 — For purposes of this chapter, the following definitions shall apply: (a) “Connected television” means a video device designed for home use to receive television signals and reproduce them on an integr
• § 22948.22 — Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.
• § 22948.23 — (a) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the
• § 22948.24 — The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the state.
• § 22948.25 — The provisions of this chapter are severable.
• § 22948.3 — (a) The following persons may bring an action against a person who violates or is in violation of Section 22948.
• § 22948.30 — For purposes of this chapter, the following definitions apply: (a) “Account manager” means a person or entity that provides an individual an internet-based or app-based user account, or a third party
• § 22948.31 — (a) A survivor, or a designated representative of a survivor, may submit a device protection request to an account manager seeking to terminate a perpetrator’s access to a connected device or associat
• § 22948.32 — (a) (1) An account manager that fails to deny a perpetrator access in compliance with subdivision (a) of Section 22948.
• § 22948.33 — Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.
• § 22948.34 — (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under other law, and shall not be construed to relieve any party from any duties or o
• § 22948.35 — Notwithstanding any other provision of this chapter, any entity that is subject to the federal Safe Connections Act of 2022 (Public Law 117-223) or regulations of the Federal Communications Commission
• § 22948.36 — Notwithstanding any other provision of this chapter, an entity that is subject to Chapter 6 (commencing with Section 28200) of Division 12 of the Vehicle Code shall not be subject to this chapter.
• § 22948.37 — The provisions of this chapter are severable.
• § 22948.5 — For purposes of this chapter, the following terms have the following meanings: (a) “Federally unlicensed spectrum” means a spectrum for which the Federal Communications Commission does not issue a spe
• § 22948.50 — (a) A manufacturer of a new motor vehicle model that is equipped standard with one or more in-vehicle cameras that is sold or leased in this state shall disclose that fact in the owner’s manual for th
• § 22948.51 — (a) Any image or video recording collected or retained through the operation of an in-vehicle camera shall not be: (1) Used for any advertising.
• § 22948.52 — A person or entity shall not compel a manufacturer or other entity providing the operation of an in-vehicle camera to build specific features for the purpose of allowing an investigative or law enforc
• § 22948.53 — For purposes of this chapter, the following definitions shall apply: (a) (1) “Affirmative prior consent” means a user’s freely given, informed, and unambiguous affirmative authorization for the prospe
• § 22948.54 — Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.
• § 22948.55 — (a) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the
• § 22948.56 — The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the state.
• § 22948.57 — (a) This chapter does not reduce the rights afforded to a consumer or the obligations imposed on a business pursuant to any applicable state or federal law for the protection of individual privacy.
• § 22948.58 — (a) This chapter shall not apply to cameras installed in vehicles that are primarily for commercial use, including buses, as defined in Section 233 of the Vehicle Code, motortrucks, as defined in Sect
• § 22948.59 — The provisions of this chapter are severable.
• § 22948.6 — (a) A device that includes an integrated and enabled wireless access point, such as a premises-based wireless network router or wireless access bridge, that is for use in a small office, home office,
• § 22948.7 — The provisions of this chapter are severable.
• § 22949.50 — Except as permitted by federal law, a person shall not sell a gene therapy kit in this state unless the seller includes a notice on the seller’s internet website in a conspicuous location that is disp
• § 22949.51 — For purposes of this chapter, the following definitions apply: (a) “Gene therapy” refers to the administration of genetic material to modify or manipulate the expression of a gene product, or to alter
• § 22949.60 — (a) The Legislature hereby finds and declares that the proliferation of assault weapons, .
• § 22949.61 — For purposes of this chapter, the following definitions shall apply: (a) “.
• § 22949.62 — (a) Notwithstanding any other law, no person within this state may manufacture or cause to be manufactured, distribute, transport, or import into the state, or cause to be distributed, transported, or
• § 22949.63 — (a) Notwithstanding Section 22949.
• § 22949.64 — (a) Notwithstanding any other law, the requirements of this chapter shall be enforced exclusively through the private civil actions described in Section 22949.
• § 22949.65 — (a) Any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who does any of the following: (1) Knowingly violat
• § 22949.66 — (a) A defendant against whom an action is brought under Section 22949.
• § 22949.67 — This chapter shall not be construed to do any of the following: (a) Authorize the initiation of a cause of action under this chapter against a person purchasing, obtaining, or attempting to purchase o
• § 22949.68 — (a) Notwithstanding any other law, a civil action brought under Section 22949.
• § 22949.69 — (a) Notwithstanding any other law, this state has sovereign immunity, a political subdivision has governmental immunity, and each officer and employee of this state or a political subdivision has offi
• § 22949.70 — (a) It is the intent of the Legislature that every provision, section, subdivision, sentence, clause, phrase, and word in this chapter, and every application of the provisions in this chapter, are sev
• § 22949.71 — This chapter shall become inoperative upon invalidation of Subchapter H (commencing with Section 171.
• § 22949.80 — (a) (1) A firearm industry member shall not advertise, market, or arrange for placement of an advertising or marketing communication offering or promoting any firearm-related product in a manner that
• § 22949.92 — For purposes of this chapter, the following definitions apply: (a) (1) “Covered establishment” includes a grocery establishment or a pharmacy establishment.
• § 22949.92.1 — (a) A covered establishment shall, no later than 45 days before a closure of the covered establishment takes effect, perform all of the following acts: (1) (A) Provide written notice of the closure to
• § 22949.92.2 — (a) (1) After receiving a written notice described in Section 22949.
• § 22950 — This Division shall be known and may be referred to as the Stop Tobacco Access to Kids Enforcement Act or the STAKE Act.
• § 22950.5 — For purposes of this division, the following terms have the following meanings: (a) “Department” means the State Department of Public Health.
• § 22951 — The Legislature finds and declares that reducing and eventually eliminating the illegal purchase and consumption of tobacco products by any person under 21 years of age is critical to ensuring the lon
• § 22952 — The State Department of Public Health shall do all of the following: (a) Establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through the enf
• § 22953 — All moneys collected as civil penalties by the department and other state agencies pursuant to this division shall be deposited in the State Treasury to the credit of the Sale of Tobacco to Minors Con
• § 22954 — (a) Any cigarette or tobacco products distributor or wholesaler as defined in Sections 30011 and 30016 of the Revenue and Taxation Code, and licensed under Article 1 (commencing with Section 30140) of
• § 22955 — Agents of the state department, while conducting enforcement activities pursuant to this division, are peace officers and are subject to all of the powers and immunities granted to Food and Drug Secti
• § 22956 — All persons engaging in the retail sale of tobacco products shall check the identification of tobacco purchasers, to establish the age of the purchaser, if the purchaser reasonably appears to be under
• § 22957 — (a) In addition to the primary enforcement responsibility assumed by the department, another enforcing agency may conduct inspections and assess penalties for violations of this division if the enforc
• § 22958 — (a) An enforcing agency may assess civil penalties against any person, firm, or corporation that sells, gives, or in any way furnishes to another person who is under 21 years of age any tobacco, cigar
• § 22959 — (a) The sum of two million dollars ($2,000,000) shall be transferred annually from the portion of the federal Substance Abuse Prevention and Treatment block grant moneys allocated to the State Departm
• § 22960 — (a) Except as provided in subdivision (b), no cigarette or tobacco product shall be sold, offered for sale, or distributed from a vending machine or appliance, or any other coin or token operated mech
• § 22961 — (a) No person, firm, corporation, partnership, or other organization shall advertise or cause to be advertised any tobacco products on any outdoor billboard located within 1,000 feet of any public or
• § 22962 — (a) For purposes of this section, the following terms have the following meanings: (1) “Self-service display” means the open display of tobacco products or tobacco paraphernalia in a manner that is ac
• § 22963 — (a) The sale, distribution, or nonsale distribution of tobacco products directly or indirectly to any person under 21 years of age through the United States Postal Service or through any other public
• § 22964 — This division sets forth minimum state restrictions with respect to the legal age to purchase or possess tobacco products and does not preempt or otherwise prohibit the adoption of a local standard th
• § 22970 — This division shall be known as and may be cited as the Cigarette and Tobacco Products Licensing Act of 2003.
• § 22970.1 — The Legislature finds and declares all of the following: (a) The State of California has enacted excise taxes on the distribution of cigarettes and tobacco products to provide funding for local and st
• § 22970.2 — The board shall administer a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products.
• § 22970.3 — The board may create a Tobacco Tax Compliance Task Force for the purpose of advising the board on cigarette and tobacco products tax compliance issues that may include, but not be limited to, represen
• § 22971 — For purposes of this division, the following terms shall have the following meanings: (a) “Brand family” has the same meaning as that term is defined in paragraph (2) of subdivision (a) of Section 301
• § 22971.1 — Commencing January 1, 2006, the Bureau of State Audits shall conduct a performance audit of the licensing and enforcement provisions of this division, and shall report its findings to the board and th
• § 22971.2 — The board shall administer and enforce the provisions of this division and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this division.
• § 22971.3 — Nothing in this division preempts or supersedes any local tobacco control law other than those related to the collection of state taxes.
• § 22971.4 — No person is subject to the requirements of this division if that person is exempt from regulation under the United States Constitution, the laws of the United States, or the California Constitution.
• § 22971.5 — Any notice required by this division shall be served personally or by mail.
• § 22971.7 — (a) For the purposes of this chapter, except as provided in subdivision (b), and notwithstanding subdivision (v) of Section 22971, a “tobacco product” includes a product or device as defined in subdiv
• § 22972 — (a) Commencing June 30, 2004, a retailer shall have in place and maintain a license to engage in the sale of cigarettes or tobacco products.
• § 22972.1 — (a) Notwithstanding Section 22972 or Section 22973, the board may issue to a retailer a temporary license with a scheduled expiration date, as determined by the board, that occurs on or before Septemb
• § 22973 — (a) An application for a retailer license, as defined in Section 22972, shall be filed in a form and manner prescribed by the department and shall include the following: (1) The name, address, and tel
• § 22973.1 — (a) The board shall issue a license to a retailer upon receipt of a completed application and payment of the fees prescribed in Section 22973, unless any of the following apply: (1) The retailer, or i
• § 22973.2 — The department shall, upon request, provide to the State Department of Public Health, the office of the Attorney General, a law enforcement agency, a local lead agency, and any agency authorized to en
• § 22973.3 — (a) Notwithstanding any other law, an application for a retailer license, as defined in Section 22972, for the sale of a tobacco product, as defined in paragraph (1) of subdivision (d) of Section 2295
• § 22973.4 — (a) On or before December 1, 2027, and again on or before December 1, 2029, the Legislative Analyst shall prepare and submit a report to the Legislature on the tobacco retailer enforcement landscape,
• § 22974 — A retailer shall retain purchase invoices that meet the requirements set forth in Section 22978.
• § 22974.2 — (a) (1) Notwithstanding any other provision of this division, upon discovery by the department or a law enforcement agency that a retailer possesses, stores, owns, or has made a retail sale of flavore
• § 22974.3 — (a) Notwithstanding any other provision of this division, upon discovery by the board or a law enforcement agency that a retailer or any other person possesses, stores, owns, or has made a retail sale
• § 22974.4 — The board shall revoke the license, pursuant to the provisions applicable to the revocation of a license as set forth in Section 30148 of the Revenue and Taxation Code, of any retailer or any person c
• § 22974.5 — Any retailer who fails to display a license as required in Section 22972 shall, in addition to any other applicable penalty, be liable for a penalty of five hundred dollars ($500).
• § 22974.7 — In addition to any other civil or criminal penalty provided by law, upon a finding that a retailer has violated any provision of this division, the board may take the following actions: (a) In the cas
• § 22974.8 — (a) Except as provided in subdivision (b), the board shall suspend or revoke the license of a retailer upon notification by the State Department of Public Health pursuant to subdivision (b) of Section
• § 22975 — (a) In addition to licenses required pursuant to Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, commencing June 30, 2004, every distributor and every wholesale
• § 22976 — A distributor or a wholesaler that, at the time of application, holds a valid license issued by the board pursuant to Section 30140 or 30155 of the Revenue and Taxation Code may be issued a license wi
• § 22977 — (a) An application for a license shall be on a form prescribed by the board and shall include the following: (1) The name, address, and telephone number of the applicant.
• § 22977.1 — (a) Every distributor and every wholesaler shall file an application, as prescribed in Section 22977, on or before April 15, 2004.
• § 22977.2 — (a) The board shall issue a license to a distributor or a wholesaler upon receipt of a completed application and payment of the fee prescribed in Section 22977.
• § 22978 — The department shall, upon request, provide to the State Department of Public Health, the office of the Attorney General, a law enforcement agency, a local lead agency, and any agency authorized to en
• § 22978.1 — All distributors and all wholesalers shall retain purchase records that meet the requirements set forth in Section 22978.
• § 22978.2 — (a) Notwithstanding any other provision of this division, upon discovery by the board or a law enforcement agency that a distributor possesses, stores, owns, or has made a sale of an unstamped package
• § 22978.3 — (a) (1) Notwithstanding any other provision of this division, upon discovery by the department or a law enforcement agency that a wholesaler possesses, stores, or owns flavored tobacco products or tob
• § 22978.4 — (a) Except as otherwise provided in paragraph (7), each distributor and each wholesaler shall include the following information on each invoice for the sale of cigarettes or tobacco products: (1) The
• § 22978.5 — (a) Each distributor and each wholesaler of cigarette and tobacco products subject to licensing under this chapter shall maintain accurate and complete records relating to the sale of those products,
• § 22978.6 — The board shall revoke the license, pursuant to the provisions applicable to the revocation of a license as set forth in Section 30148 of the Revenue and Taxation Code, of any distributor or any whole
• § 22978.7 — In addition to any other civil or criminal penalty provided by law, upon a finding that any distributor or any wholesaler has violated any provision of this division, the board may take the following
• § 22978.8 — The board shall include on its Web site the name of any wholesaler or distributor whose license has been suspended or revoked.
• § 22979 — (a) Every manufacturer and every importer shall obtain and maintain a license to engage in the sale of cigarettes.
• § 22979.1 — (a) An application for a license by a manufacturer or by an importer shall be on a form prescribed by the board and shall include the following: (1) The name, address, and telephone number of the appl
• § 22979.2 — (a) On or before January 1, 2004, every manufacturer and every importer shall pay to the board an administration fee.
• § 22979.21 — Every manufacturer or importer of tobacco products shall obtain and maintain a license under this division to engage in the sale of tobacco products.
• § 22979.22 — (a) An application for a license by a manufacturer or by an importer of tobacco products shall be on a form prescribed by the board and shall include the following: (1) The name, address, and telephon
• § 22979.23 — (a) Every manufacturer or importer of chewing tobacco or snuff shall submit with each application a one-time license fee of ten thousand dollars ($10,000).
• § 22979.24 — (a) Every manufacturer or importer holding a license pursuant to Section 22979.
• § 22979.3 — The department shall, upon request, provide to the State Department of Public Health, the office of the Attorney General, a law enforcement agency, a local lead agency, and any agency authorized to en
• § 22979.4 — All importers shall retain purchase records that meet the requirements set forth in Section 22979.
• § 22979.5 — (a) Each manufacturer and each importer of cigarette and tobacco products subject to licensing under this chapter shall maintain accurate and complete records relating to the sale of those products, i
• § 22979.6 — (a) Each manufacturer and each importer shall include the following information on each invoice for the sale for distribution, wholesale, or retail sale of cigarettes or tobacco products: (1) The name
• § 22979.7 — In addition to any other civil or criminal penalty provided by law, upon a finding that a manufacturer or importer has violated any provision of this division, the board may take the following actions
• § 22980 — (a) A peace officer or department employee granted limited peace officer status pursuant to paragraph (6) of subdivision (a) of Section 830.
• § 22980.1 — (a) A manufacturer or importer shall not sell cigarettes or tobacco products to a distributor, wholesaler, retailer, or any other person who is not licensed pursuant to this division or whose license
• § 22980.2 — (a) A person or entity that engages in the business of selling cigarettes or tobacco products in this state either without a valid license or after a license has been suspended or revoked, and each of
• § 22980.3 — (a) Licenses issued pursuant to this division shall be subject to suspension or revocation for violations of this division or the Revenue and Taxation Code as provided in this section.
• § 22980.4 — A person who, after receiving a notice of suspension or revocation, continues to display for sale cigarettes or tobacco products shall be subject to a civil penalty of one thousand dollars ($1,000) fo
• § 22980.5 — (a) A retailer whose license has been suspended or revoked by order of the board shall conspicuously post a notice at both of the following locations: (1) Each public entrance to the retail location.
• § 22980.6 — (a) A person that is engaged in the business of selling cigarettes or tobacco products in this state shall not possess, store, own, or make a retail sale of cannabis, cannabis products, or a product p
• § 22981 — Any violation of this division by any person, except as otherwise provided, is a misdemeanor.
• § 22982 — Any prosecution for a violation of any of the penal provisions of this division shall be instituted within four years after the commission of the offense.
• § 22983 — The provisions of Chapter 4 (commencing with Section 55121) of Part 30 of Division 2 of the Revenue and Taxation Code apply with respect to the collection of the fees, civil fines, and penalties impos
• § 22990 — (a) All moneys collected pursuant to this division shall be deposited in the Cigarette and Tobacco Products Compliance Fund, which is hereby created in the State Treasury.
• § 22990.5 — Notwithstanding Sections 30124 and 30131.
• § 22990.7 — (a) The board shall report to the Legislature, Governor, and Department of Finance on or before January 1, 2019, and on and before January 1 annually thereafter, regarding the adequacy of funding for
• § 22991 — The amount of eleven million dollars ($11,000,000) is appropriated from the Cigarette and Tobacco Products Compliance Fund during the 2003–04 fiscal year to the State Board of Equalization for the pur
• § 23 — “Department,” unless otherwise defined, refers to the Department of Consumer Affairs.
• § 23.5 — “Director,” unless otherwise defined, refers to the Director of Consumer Affairs.
• § 23.6 — “Appointing power,” unless otherwise defined, refers to the Director of Consumer Affairs.
• § 23.7 — Unless otherwise expressly provided, “license” means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3
• § 23.8 — “Licensee” means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600.
• § 23.9 — Notwithstanding any other provision of this code, any individual who, while imprisoned in a state prison or other correctional institution, is trained, in the course of a rehabilitation program approv
• § 23000 — This division shall be known and may be cited as the “Alcoholic Beverage Control Act.
• § 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
• § 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
• § 23002 — Unless the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this division.
• § 23003 — “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
• § 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
• § 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
• § 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,
• § 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
• § 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 t
• § 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
• § 23009 — “Licensee” means any person holding a license, a permit, a certification, or any other authorization issued by the department.
• § 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.
• § 23011 — “Salesman” means any individual who solicits or receives an order for alcoholic beverages from any licensee.
• § 23012 — “Beer manufacturer” means any person that has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of beer.
• § 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.
• § 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 faciliti
• § 23014 — “Brandy manufacturer” means any person engaged in the manufacture of brandy only and not in the manufacture of any other distilled spirits.
• § 23015 — “Distilled spirits manufacturer” means a person who produces distilled spirits from naturally fermented materials or in any other manner.
• § 23016 — “Rectifier” means every person who colors, flavors, or otherwise processes distilled spirits by distillation, blending, percolating, or other processes.
• § 23017 — “Importer” means: (a) Any consignee of alcoholic beverages brought into this State from without this State, when the alcoholic beverages are for delivery or use within this State.
• § 23018 — “Exporter” means any person who sells, delivers, or consigns alcoholic beverages located within this State for delivery, use, or sale without the State.
• § 23019 — “Customs broker” means every person who is authorized to act as agent or broker for a person licensed as an importer or for a person whose place of business is without the State, in regard to the impo
• § 23020 — “Wine broker” means every person, other than a salesman who is regularly employed by a licensee, who engages as an agent in the sale or purchase of wine for or on behalf of another or others for a fee
• § 23021 — “Wholesaler” means every person other than a manufacturer, winegrower or rectifier who is engaged in business as a jobber or wholesale merchant, dealing in alcoholic beverages, in an area within the U
• § 23022 — “Industrial alcohol dealer” means a person who sells alcohol or distilled spirits in packages of more than one gallon for use in the trades, professions, or industries, but not for beverage use.
• § 23023 — “Retailer” means any on- or off-sale licensee.
• § 23024 — “Retailer’s on-sale license” means on-sale beer licenses, on-sale beer and wine licenses, on-sale general licenses, and on-sale general licenses for seasonal businesses.
• § 23025 — “Sell” or “sale” and “to sell” includes any transaction whereby, for any consideration, title to alcoholic beverages is transferred from one person to another, and includes the delivery of alcoholic b
• § 23026 — “Retail sale” or “sale at retail” means the sale by an on- or off-sale licensee for consumption and not for resale.
• § 23027 — “Wholesale sale” or “sale at wholesale” means a sale to any licensee for purposes of resale.
• § 23028 — “Package” means any container or receptacle used for holding alcoholic beverages which is corked or sealed with a stub, stopper, cap, or in any other manner.
• § 23029 — “Case” or “original case” means a standard box or carton as packed by the manufacturer or wine grower in which packages of alcoholic beverages are shipped or transferred.
• § 23030 — “To bottle” or “to package” means to bottle, barrel, or otherwise place alcoholic beverages in a container.
• § 23031 — “Gallon” or “wine gallon” means that liquid measure containing 231 cubic inches.
• § 23032 — “Proof spirits” means that alcoholic liquor which contains one-half of its volume of pure ethyl alcohol of a specific gravity of 0.
• § 23033 — “Proof gallon” means a gallon of proof spirits or an equivalent amount of alcohol.
• § 23034 — “Still” means any apparatus capable of being used for separating alcohol, or alcoholic vapors or solutions from alcohol or alcoholic solutions or mixtures, but does not include stills or apparatus use
• § 23035 — “Private warehouse” means any place maintained by a licensee, other than his licensed premises, for the storage but not for the sale of alcohol or alcoholic beverages owned by the licensee.
• § 23036 — “Public warehouse” means any place licensed for the storage of, but not the sale of, alcohol or alcoholic beverages for the account of other licensees and includes United States custom bonded warehous
• § 23037 — “Club” means a corporation or association which is the owner, lessee, or occupant of an establishment operated solely for objects of a social or athletic nature but not for pecuniary gain, having a bo
• § 23038 — “Bona fide public eating place” means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilit
• § 23038.1 — Notwithstanding the provisions of Section 23038, “bona fide public eating place” also means a convention center, exhibit hall, or auditorium, which shall hereinafter be referred to as “premises,” owne
• § 23038.2 — Notwithstanding the provisions of Section 23038, for purposes of issuing an on-sale beer and wine license only, “bona fide public eating place” also means a ball park, stadium, or coliseum featuring p
• § 23038.3 — Notwithstanding Section 23038, for purposes of issuing an on-sale beer and wine license only, “bona fide public eating place” also means a cooking school that regularly and in a bona fide manner provi
• § 23039 — (a) “Public premises” means: (1) Premises licensed with any type of license other than an on-sale beer license, and maintained and operated for the selling or serving of alcoholic beverages to the pub
• § 23039.1 — Notwithstanding any other provision of law, any on-sale beer and wine public premises licensee who has been licensed at premises operated as a cabaret theater for at least 10 years and which has a sea
• § 23039.5 — “Entertainment zone” means a zone created by a city, county, or city and county ordinance on or after January 1, 2025, that authorizes consumption of one or more types of alcoholic beverages on public
• § 23040 — “Within this State” means all territory within the boundaries of this State.
• § 23041 — “Without the State” means all territory without the boundaries of this State.
• § 23042 — “Board” means the State Board of Equalization, in the exercise of the powers and duties with respect to excise taxes reserved to it by Section 22 of Article XX of the Constitution.
• § 23043 — “Department” means the Department of Alcoholic Beverage Control, and “director” means the Director of Alcoholic Beverage Control.
• § 23044 — “License” means a license authorized to be issued by the department pursuant to this division.
• § 23045 — “Appeals board” means the Alcoholic Beverage Control Appeals Board.