Rogoway Law Group | California Cannabis Law Firm

California Alcoholic Beverage Control Act ("ABC Act")

Codified as

California Business and Professions Code
Division 9
Alcoholic Beverages

CHAPTER 3. ARTICLE 1. In GeneralARTICLE 2. Fees

Table of Contents

§ 23320. Types of licenses and fees; Adjustments

(a) An applicant for a new permanent license, which shall not include duplicate licenses, except as provided in paragraph (4), shall accompany the application with the application fee as specified in this division:

  1. The license application fee for a new permanent license shall be nine hundred five dollars ($905), except as otherwise specified.
  2. Applicants for a new permanent license of the following types shall accompany the application with a fee of fifteen thousand eight hundred thirty-five dollars ($15,835):
    1. Off-sale general (Type 21).
    2. On-sale general – eating place (Type 47), on-sale general public premises (Type 48), special on-sale general (Type 57), special on-sale general for-profit theater (Type 71 and Type 72), brewpub-restaurant (Type 75), caterer’s (Type 83), neighborhood restricted special on-sale (Type 87), special on-sale general license for historic cemetery (Type 88), music venue license (Type 90), and special use (Type 99).
  3. Applicants for a new permanent license of the following types shall accompany the application with a fee as indicated:
    1. Twelve thousand dollars ($12,000) for a wine, food and art cultural museum (Type 78).
    2. Six thousand dollars ($6,000) for an on-sale general – eating place on public property (Type 47), for an on-sale general restrictive service (Type 70), and for a music venue on public property (Type 90).
    3. Two thousand dollars ($2,000) for an on-sale general dockside (Type 62).
    4. One thousand dollars ($1,000) for a special on-sale general theater (Type 64).
    5. One hundred dollars ($100) for an out-of-state beer manufacturer certificate (Type 26), for a distilled spirits shipper certificate (Type 28), and for a direct shipper permit (Type 82).
    6. One hundred dollars ($100) for a still (Type 6).
  4. Applicants for a Duplicate Type 02 license shall accompany the application with a fee of four hundred forty dollars ($440).

(b) The following are the types of licenses and the annual fees to be charged therefor:

    1. For a Type 01 – Beer manufacturer that produces more than 60,000 barrels per year: the fee through September 30, 2019, is one thousand five hundred thirty-one dollars ($1,531) and the fee on and after October 1, 2019, is one thousand eight hundred ninety dollars ($1,890).
    2. For a Duplicate Type 01: the fee through September 30, 2019, is ninety-eight dollars ($98) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
    1. For a Type 02 – Winegrower (to be computed only on the gallons produced); 5,000 gallons or less: the fee through September 30, 2019, is seventy-one dollars ($71) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
    2. For a Type 02 – Winegrower (to be computed only on the gallons produced); 5,000 – 20,000 gallons: the fee through September 30, 2019, is one hundred thirty-two dollars ($132) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
    3. For a Type 02 – Winegrower (to be computed only on the gallons produced); 20,000 – 100,000 gallons: the fee through September 30, 2019, is two hundred thirty-nine dollars ($239) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).
    4. For a Type 02 – Winegrower (to be computed only on the gallons produced); 100,000 – 200,000 gallons: the fee through September 30, 2019, is three hundred fourteen dollars ($314) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
    5. For a Type 02 – Winegrower (to be computed only on the gallons produced); 200,000 – 1,000,000 gallons: the fee through September 30, 2019, is four hundred sixty-six dollars ($466) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    6. For a Type 02 – Winegrower (to be computed only on the gallons produced); for each additional 1,000,000 gallons over 1,000,000 gallons: the fee through September 30, 2019, is three hundred thirteen dollars ($313) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
    7.  For a Duplicate Type 02: the fee through September 30, 2019, is ninety-eight dollars ($98) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
    1. For a Type 03 – Brandy manufacturer: the fee through September 30, 2019, is three hundred eleven dollars ($311) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    2. For a Duplicate Type 03: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
  1. For a Type 04 – Distilled spirits manufacturer: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
  2. For a Type 05 – Distilled spirits manufacturer’s agent: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
  3. For a Type 06 – Still: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
  4. For a Type 07 – Rectifier: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
  5. For a Type 08 – Wine rectifier: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
  6. For a Type 09 – Beer and wine importer: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
  7. For a Type 10 – Beer and wine importer’s general license: the fee through September 30, 2019, is three hundred forty dollars ($340) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
  8. For a Type 11 – Brandy importer: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
  9. For a Type 12 – Distilled spirits importer: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
  10. For a Type 13 – Distilled spirits importer’s general license: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
    1. For a Type 14 – Public warehouse: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
    2. For a Duplicate Type 14: the fee through September 30, 2019, is one dollar ($1) and the fee on and after October 1, 2019, is twenty-five dollars ($25).
  11. For a Type 15 – Customs broker: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
  12. For a Type 16 – Wine broker: the fee through September 30, 2019, is one hundred three dollars ($103) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
  13. For a Type 17 – Beer and wine wholesaler: the fee through September 30, 2019, is three hundred forty dollars ($340) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
  14. For a Type 18 – Distilled spirits wholesaler: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
  15. For a Type 19 – Industrial alcohol dealer: the fee through September 30, 2019, is one hundred three dollars ($103) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
  16. For a Type 20 – Off-sale beer and wine: the fee through September 30, 2019, is two hundred seventy-eight dollars ($278) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
  17. For a Type 21 – Off-sale general: the fee through September 30, 2019, is six hundred seventeen dollars ($617) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    1. For a Type 22 – Wine blender (to be computed only on the gallons produced); 5,000 gallons or less: the fee through September 30, 2019, is seventy-one dollars ($71) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
    2. For a Type 22 – Wine blender (to be computed only on the gallons produced); 5,000 – 20,000 gallons: the fee through September 30, 2019, is one hundred thirty-two dollars ($132) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
    3. For a Type 22 – Wine blender (to be computed only on the gallons produced); 20,000 gallons – 100,000 gallons: the fee through September 30, 2019, is two hundred thirty-nine dollars ($239) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).
    4. For a Type 22 – Wine blender (to be computed only on the gallons produced); 100,000 – 200,000 gallons: the fee through September 30, 2019, is three hundred fourteen dollars ($314) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
    5. For a Type 22 – Wine blender (to be computed only on the gallons produced); 200,000 – 1,000,000 gallons: the fee through September 30, 2019, is four hundred sixty-six dollars ($466) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    6. For a Type 22 – Wine blender (to be computed only on the gallons produced); for each additional 1,000,000 gallons over 1,000,000 gallons: the fee through September 30, 2019, is three hundred thirteen dollars ($313) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
    1. For a Type 23 – Small beer manufacturer that produces 60,000 barrels or less a year: the fee through September 30, 2019, is one hundred eighty-four dollars ($184) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
    2. For a Duplicate Type 23: the fee through September 30, 2019, is ninety-eight dollars ($98) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).
  18. For a Type 24 – Distilled spirits rectifier’s general license: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
  19. For a Type 25 – California brandy wholesaler: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
  20. For a Type 26 – Out-of-state beer manufacturer certificate: the fee through September 30, 2019, is seventy-nine dollars ($79) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
  21. For a Type 27 – California winegrower’s agent: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
  22. For a Type 28 – Out-of-state distilled spirits shipper certificate: the fee through September 30, 2019, is seventy-nine dollars ($79) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
  23. For a Type 29 – Winegrape grower storage: the fee through September 30, 2019, is ninety dollars ($90) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
  24. For a Type 40 – On-sale beer: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
  25. For a Type 41 – On-sale beer and wine eating place: the fee through September 30, 2019, is three hundred eighty-four dollars ($384) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
  26. For a Type 42 – On-sale beer and wine pub premises: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
  27. For a Type 43 – On-sale beer and wine train: the fee through September 30, 2019, is one hundred fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
  28. For a Type 44 – On-sale beer and wine fishing party boat: the fee through September 30, 2019, is one hundred fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
  29. For a Type 45 – On-sale beer and wine boat: the fee through September 30, 2019, is one hundred fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
  30. For a Type 46 – On-sale beer and wine airplane: the fee through September 30, 2019, is one hundred fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
    1. For a Type 47 – On-sale general eating place in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
    2. For a Type 47 – On-sale general eating place in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
    3. For a Type 47 – On-sale general eating place in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    4. For a Duplicate Type 47 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    5. For a Duplicate Type 47 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    6. For a Duplicate Type 47 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
    1. For a Type 48 – On-sale general public premises in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
    2. For a Type 48 – On-sale general public premises in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
    3. For a Type 48 – On-sale general public premises in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    4. For a Duplicate Type 48 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    5. For a Duplicate Type 48 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    6. For a Duplicate Type 48 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
    1. For a Type 49 – On-sale general – seasonal business in cities of 40,000 population or over per 3 months: the fee through September 30, 2019, is two hundred forty-seven dollars ($247) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).
    2. For a Type 49 – On-sale general – seasonal business in cities of 40,000 population or over per 6 months: the fee through September 30, 2019, is four hundred ninety-four dollars ($494) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
    3. For a Type 49 – On-sale general – seasonal business in cities of 40,000 population or over per 9 months: the fee through September 30, 2019, is seven hundred forty-one dollars ($741) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
    4. For a Type 49 – On-sale general – seasonal business in cities of less than 40,000, but more than 20,000 population per 3 months: the fee through September 30, 2019, is one hundred seventy-six dollars ($176) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).
    5. For a Type 49 – On-sale general – seasonal business in cities of less than 40,000, but more than 20,000 population per 6 months: the fee through September 30, 2019, is three hundred fifty dollars ($350) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
    6. For a Type 49 – On-sale general – seasonal business in cities of less than 40,000, but more than 20,000 population per 9 months: the fee through September 30, 2019, is five hundred twenty-six dollars ($526) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
    7. For a Type 49 – On-sale general – seasonal business in all other localities per 3 months: the fee through September 30, 2019, is one hundred fifty-three dollars ($153) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
    8. For a Type 49 – On-sale general – seasonal business in all other localities per 6 months: the fee through September 30, 2019, is three hundred six dollars ($306) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
    9. For a Type 49 – On-sale general – seasonal business in all other localities per 9 months: the fee through September 30, 2019, is four hundred fifty-eight dollars ($458) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    10. For a Duplicate Type 49 in cities of 40,000 population or over per 3 months: the fee through September 30, 2019, is one hundred seventy-six dollars ($176) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).
    11. For a Duplicate Type 49 in cities of 40,000 population or over per 6 months: the fee through September 30, 2019, is three hundred fifty dollars ($350) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
    12. For a Duplicate Type 49 in cities of 40,000 population or over per 9 months: the fee through September 30, 2019, is five hundred twenty-six dollars ($526) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
    13. For a Duplicate Type 49 in cities of less than 40,000, but more than 20,000 population or over per 3 months: the fee through September 30, 2019, is one hundred three dollars ($103) and the fee on and after October 1, 2019, is one hundred twenty-five dollars ($125).
    14. For a Duplicate Type 49 in cities of less than 40,000, but more than 20,000 per 6 months: the fee through September 30, 2019, is two hundred seven dollars ($207) and the fee on and after October 1, 2019, is two hundred fifty dollars ($250).
    15. For a Duplicate Type 49 in cities of less than 40,000, but more than 20,000 population or over per 9 months: the fee through September 30, 2019, is three hundred eleven dollars ($311) and the fee on and after October 1, 2019, is three hundred seventy-five dollars ($375).
    16. For a Duplicate Type 49 in all other localities per 3 months: the fee through September 30, 2019, is eighty-one dollars ($81) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
    17. For a Duplicate Type 49 in all other localities per 6 months: the fee through September 30, 2019, is one hundred sixty-six dollars ($166) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).
    18. For a Duplicate Type 49 in all other localities per 9 months: the fee through September 30, 2019, is two hundred forty-seven dollars ($247) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).
    1. For a Type 50 – On-sale general license for bona fide clubs in cities of 40,000 population or over: the fee through September 30, 2019, is five hundred sixty dollars ($560) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
    2. For a Type 50 – On-sale general license for bona fide clubs in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred twenty dollars ($420) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    3. For a Type 50 – On-sale general license for bona fide clubs in all other localities: the fee through September 30, 2019, is three hundred seventy-three dollars ($373) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
    1. For a Type 51 – Club license (issued under Article 4 of this chapter) in cities of 40,000 population or over: the fee through September 30, 2019, is five hundred sixty dollars ($560) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
    2. For a Type 51 – Club license (issued under Article 4 of this chapter) in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred twenty dollars ($420) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    3. For a Type 51 – Club license (issued under Article 4 of this chapter) in all other localities: the fee through September 30, 2019, is three hundred seventy-three dollars ($373) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
    1. For a Type 52 – Veterans’ club license (issued under Article 5 of this chapter) in cities of 40,000 population or over: the fee through September 30, 2019, is five hundred sixty dollars ($560) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
    2. For a Type 52 – Veterans’ club license (issued under Article 5 of this chapter) in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred twenty dollars ($420) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    3. For a Type 52 – Veterans’ club license (issued under Article 5 of this chapter) in all other localities: the fee through September 30, 2019, is three hundred seventy-three dollars ($373) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
    1. For a Type 53 – On-sale general train: the fee through September 30, 2019, is two hundred seventeen dollars ($217) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).
    2. For a Duplicate Type 53: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
  31. For a Type 54 – On-sale general boat: the fee through September 30, 2019, is five hundred sixty-three dollars ($563) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
    1. For a Type 55 – On-sale general license for airplanes: the fee through September 30, 2019, is five hundred sixty-three dollars ($563) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
    2. For a Duplicate Type 55 for air common carriers: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
    1. For a Type 56 – On-sale general license for vessels of more than 1,000 tons burden: the fee through September 30, 2019, is two hundred seventeen dollars ($217) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).
    2. For a Duplicate Type 56: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
    1. For a Type 57 – Special on-sale general in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
    2. For a Type 57 – Special on-sale general in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
    3. For a Type 57 – Special on-sale general in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    4. For a Duplicate Type 57 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    5. For a Duplicate Type 57 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    6. For a Duplicate Type 57 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
    1. For a Type 58 – Caterer’s permit; on-sale general or on-sale beer and wine: the fee through September 30, 2019, is one hundred forty-six dollars ($146) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).
    2. For a Type 58 – Caterer’s permit; club in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
    3. For a Type 58 – Caterer’s permit; club in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
    4. For a Type 58 – Caterer’s permit; club in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    1. For a Type 59 – On-sale beer and wine seasonal; operating period 3-9 months: the fee through September 30, 2019, is two hundred thirty-nine dollars ($239) and the fee on and after October 1, 2019, is two hundred fifty dollars ($250).
    2. For a Type 59 – On-sale beer and wine seasonal; operating period 3-6 months: the fee through September 30, 2019, is one hundred sixty-two dollars ($162) and the fee on and after October 1, 2019, is one hundred seventy-five dollars ($175).
    1. For a Type 60 – On-sale beer seasonal; operating period 3-9 months: the fee through September 30, 2019, is two hundred thirty-nine dollars ($239) and the fee on and after October 1, 2019, is two hundred fifty dollars ($250).
    2. For a Type 60 – On-sale beer seasonal; operating period 3-6 months: the fee through September 30, 2019, is one hundred sixty-two dollars ($162) and the fee on and after October 1, 2019, is one hundred seventy-five dollars ($175).
  32. For a Type 61 – On-sale beer public premises: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
  33. For a Type 62 – On-sale general license dockside: the fee through September 30, 2019, is six hundred nine dollars ($609) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
  34. For a Type 63 – On-sale special beer and wine hospital: the fee through September 30, 2019, is ninety-six dollars ($96) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
    1. For a Type 64 – Special on-sale general theater in cities of 40,000 population or over: the fee through September 30, 2019, is five hundred sixty dollars ($560) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    2. For a Type 64 – Special on-sale general theater in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred twenty dollars ($420) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    3. For a Type 64 – Special on-sale general theater in all other localities: the fee through September 30, 2019, is three hundred seventy-three dollars ($373) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
  35. For a Type 65 – Special on-sale beer and wine symphony: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
  36. For a Type 66 – Controlled access cabinet: the fee through September 30, 2019, is six hundred seventeen dollars ($617) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
  37. For a Type 67 – Bed and breakfast inn; per room: the fee through September 30, 2019, is eight dollars ($8) and the fee on and after October 1, 2019, is ten dollars ($10).
    1. For a Type 68 – Portable bar in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    2. For a Type 68 – Portable bar in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    3. For a Type 68 – Portable bar in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
  38. For a Type 69 – Special on-sale beer and wine theater: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
    1. For a Type 70 – On-sale general restrictive service in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
    2. For a Type 70 – On-sale general restrictive service in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
    3. For a Type 70 – On-sale general restrictive service in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    1. For a Type 71 – Special on-sale general for-profit theater in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
    2. For a Type 71 – Special on-sale general for-profit theater in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
    3. For a Type 71 – Special on-sale general for-profit theater in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    4. For a Duplicate Type 71 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    5. For a Duplicate Type 71 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    6. For a Duplicate Type 71 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
    1. For a Type 72 – Special on-sale general for-profit theater, Napa County in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
    2. For a Type 72 – Special on-sale general for-profit theater, Napa County in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
    3. For a Type 72 – Special on-sale general for-profit theater, Napa County in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    4. For a Duplicate Type 72 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    5. For a Duplicate Type 72 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    6. For a Duplicate Type 72 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
  39. For a Type 73 – Special nonprofit sales: the fee through September 30, 2019, is one hundred fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
  40. For a Type 74 – Craft distilled spirits manufacturer: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    1. For a Type 75 – Brewpub-restaurant in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
    2. For a Type 75 – Brewpub-restaurant in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
    3. For a Type 75 – Brewpub-restaurant in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    4. For a Duplicate Type 75 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    5. For a Duplicate Type 75 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    6. For a Duplicate Type 75 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
    1. For a Type 76 – On-sale general maritime museum: the fee through September 30, 2019, is two hundred seventeen dollars ($217) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).
    2. For a Duplicate Type 76: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
  41. For a Type 77 – Event permit: the fee through September 30, 2019, is one hundred forty-six dollars ($146) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).
    1. For a Type 78 – On-sale general wine, food and art cultural museum in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
    2. For a Type 78 – On-sale general wine, food and art cultural museum in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
    3. For a Type 78 – On-sale general wine, food and art cultural museum in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    4. For a Duplicate Type 78 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    5. For a Duplicate Type 78 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    6. For a Duplicate Type 78 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
  42. For a Type 79 – Certified farmers’ market: the fee through September 30, 2019, is fifty-eight dollars ($58) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
  43. For a Type 80 – Special on-sale general; per room: the fee through September 30, 2019, is seventeen dollars ($17) and the fee on and after October 1, 2019, is twenty dollars ($20).
  44. For a Type 81 – Wine sales event permit: the fee through September 30, 2019, is fifty dollars ($50) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
  45. For a Type 82 – Direct shipper permit: the fee through September 30, 2019, is ten dollars ($10) and the fee on and after October 1, 2019, is twenty-five dollars ($25).
    1. For a Type 83 – On-sale general caterer’s permit in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
    2. For a Type 83 – On-sale general caterer’s permit in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
    3. For a Type 83 – On-sale general caterer’s permit in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
  46. For a Type 84 – Certified farmers’ market beer: the fee through September 30, 2019, is fifty-eight dollars ($58) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
  47. For a Type 85 – Limited off-sale wine license: the fee through September 30, 2019, is two hundred seventy-eight dollars ($278) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
  48. For a Type 86 – Instructional tasting license: the fee through September 30, 2019, is three hundred dollars ($300) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
    1. For a Type 87 – Neighborhood restricted special on-sale in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
    2. For a Type 87 – Neighborhood restricted special on-sale in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
    3. For a Type 87 – Neighborhood restricted special on-sale in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    4. For a Duplicate Type 87 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    5. For a Duplicate Type 87 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    6. For a Duplicate Type 87 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
    1. For a Type 88 – Special on-sale general license for historic cemetery in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
    2. For a Type 88 – Special on-sale general license for historic cemetery in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
    3. For a Type 88 – Special on-sale general license for historic cemetery in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    4. For a Duplicate Type 88 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
    5. For a Duplicate Type 88 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
    6. For a Duplicate Type 88 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
  49. For a Type 90 – Music venue license in cities of 40,000 population or over: the fee is one thousand one hundred ninety dollars ($1,190).
  50. For a Type 90 – Music venue license in cities of less than 40,000, but more than 20,000 population: the fee is nine hundred seventy dollars ($970).
  51. For a Type 90 – Music venue license in all other localities: the fee is seven hundred fifty-five dollars ($755).

(c)

  1. In addition to the application fee for a new permanent license as specified in subdivision (a), an annual renewal fee, as set forth in subdivision (b), shall accompany the application. The application fee shall be nonrefundable up to the amount of the application fee in paragraph (1) of subdivision (a), as adjusted by subdivisions (d) and (e). The annual fee provided at the time of application shall allow the license to be active for one year from the date of issuance and shall be refundable only in the event that the license application is withdrawn or denied.
  2. If an application includes multiple new permanent licenses to be issued at the same premises, the application fee shall be required for only one of the applied-for licenses and an application fee shall not be charged for the remainder of the licenses. In situations involving different license types, the application fee to be paid shall be the highest such fee as specified in subdivision (a). If an application for a new permanent license is combined with an application for license transfer pursuant to Section 24072 at the same premises, only the transfer application fee or the new permanent license application fee shall be required, whichever is highest. Notwithstanding this provision, the annual renewal fee required pursuant to this subdivision shall be payable for each license.

(d) Beginning January 1, 2021, and each January 1 thereafter, the department may adjust each of the fees specified in this section by increasing each fee by an amount not to exceed the percentage that the California Consumer Price Index (California Department of Industrial Relations, Division of Labor Statistics and Research, All Items, Base Period 1982-84=100) for the preceding August 2019, and each August annually thereafter, has increased under the same index over the month of August 2018, which shall be the base period. The department shall not adjust fees pursuant to this section if the balance of the Alcohol Beverage Control Fund at the end of the prior fiscal year is greater than one-fourth of the department’s appropriation from the Alcohol Beverage Control Fund for the current fiscal year. No fee shall be decreased pursuant to this adjustment below the fee currently in effect on each December 31. If the accumulation of percentage increases is greater than 8 percent, the department shall not adjust fees without the Legislature’s approval through the budget process. In the event that this index is discontinued, the department shall consult with the Department of Finance to convert the increase calculations to an index then available. When approved by the Department of Finance, the new index shall replace the discontinued index.

(e) When fees are adjusted pursuant to subdivision (d), the department shall calculate the percentage increase as specified in that subdivision and shall apply this increase to each fee. The increase to each fee shall be rounded to the nearest whole five dollars ($5). The adjusted fee list, to be effective on January 1 of the upcoming year, shall be published by the department on its internet website and transmitted in writing to the Chairperson of the Joint Legislative Budget Committee no later than January 10 of the year before it becomes effective. This adjustment of fees and publication of the adjusted fee list is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(Amended by Stats. 2022, Ch. 468, Sec. 1.5. (SB 793) Effective January 1, 2023.)

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§ 23320.4. Waiver of renewal fees for licenses expiring between March 1, 2021 and February 28, 2023

(a)

  1. For the purpose of providing economic relief to licensees most severely impacted by the COVID-19 pandemic, the department may waive license renewal fees for licenses with expiration dates between March 1, 2021, and February 28, 2023, inclusive, as provided in this section.
  2. The waiver of license renewal fees shall apply only to the following license types that were active, as defined by the department in its guidelines, between March 1, 2020, and December 31, 2020, inclusive: 02, 23, 40, 41, 42, 47, 48, 49, 50, 51, 52, 57, 58, 59, 60, 61, 64, 68, 69, 71, 72, 74, 75, 76, 77, 78, 83, 86, 87, and 99. Waiver of license renewal fees for a Type 02 license under this section shall apply only to the fees charged pursuant to subparagraphs (A), (B), and (C) of paragraph (2) of subdivision (b) of Section 23320, using production volumes as reported pursuant to Section 23327 for the fiscal year ending on the same date of the expiring license. Type 02 license renewal fees charged pursuant to subparagraph (D), (E), (F), or (G) of paragraph (2) of subdivision (b) of Section 23320 shall not be eligible for a waiver under this section.

(b)

  1. A licensee may request a fee waiver in the manner provided by the department and shall certify under penalty of perjury that they qualify for the fee waiver as provided. The request shall be complete and received by the department before the expiration of the license for which the waiver is requested, including any authorized extensions thereto.
  2. For licenses that expire during the first full three months following enactment of this section, the department may extend license renewal dates, not to exceed 60 days, as necessary to effectuate the intent of this section and to allow licensees a reasonable amount of time to request a fee waiver.
  3. If the licensee does not request the fee waiver in the manner prescribed in paragraph (1), the licensee shall not be eligible for a fee waiver and shall thereafter pay the license renewal fees, together with any penalties that may be applicable under Section 24048.
  4. The department shall not refund any license renewal fees paid before the enactment of this section or the submission of a waiver request by a licensee.

(c)

  1. The department shall establish and publish on its internet website the requirements and guidelines for submitting a fee waiver request and the manner of certification.
  2. The requirements, guidelines, and the manner of certification for waivers under this section implemented by the department are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).

(d) For purposes of this section, “license renewal fees” means fees payable pursuant to Section 23320, and applicable surcharges collected with those fees in accordance with Sections 23053.5, 23083.5, and 23320.5.

(Added by renumbering Section 23320.3 by Stats. 2021, Ch. 11, Sec. 1. (AB 83) Effective March 17, 2021.)

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§ 23320.5. Surcharge 

(a)

  1. In addition to the annual fees provided for in subdivision (b) of Section 23320, the department shall collect a surcharge of ten dollars ($10).
  2. This section shall not apply to the following licenses: out-of-state beer manufacturer certificate (Type 26), out-of-state distilled spirits shipper certificate (Type 28), winegrape grower storage (Type 29), special on-sale beer and wine symphony (Type 65), bed and breakfast inn (Type 67), wine sales event permit (Type 81), direct shipper permit (Type 82), event permit (Type 77), special on-sale general; per room (Type 80), on-sale general caterer’s (Type 83), certified farmers’ market beer (Type 84), limited off-sale wine license (Type 85), and instructional tasting license (Type 86).

(b)

  1. All money collected from the surcharge described in subdivision (a) shall be deposited in the Motor Vehicle Account in the State Transportation Fund, and shall be used for the Department of the California Highway Patrol’s Designated Driver Program, when appropriated to the Department of the California Highway Patrol for that purpose.
  2. The Department of California Highway Patrol shall prioritize the expenditure of funds received pursuant to this subdivision for the Designated Driver Program’s outreach and education activities in, and adjacent to, individual events or venues, including, but not limited to, stadiums, parks, entertainment complexes, and arenas.

(Amended by Stats. 2019, Ch. 29, Sec. 10. (SB 82) Effective June 27, 2019.)

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§ 23320.6. Wine Safety Fund 

(a) The Wine Safety Fund is hereby created as a special fund in the State Treasury, in trust, to the State Department of Health Services for the purpose of providing funds to better enable its Food and Drug Branch to carry out and supervise a statistically valid testing program to ensure that levels of lead in wine sold in this state remain safe and within tolerances established by applicable laws and regulations, for the health and safety of the consuming public upon appropriation by the Legislature in the annual Budget Act. The fees collected pursuant to Section 23320.7 shall be sufficient to cover, but shall not exceed, the costs of administering the testing program, including the reimbursement of any importer or retailer for the wholesale cost of any wine tested, conducted pursuant to this section. All moneys collected under Section 23320.7, including any interest accrued thereon, shall be deposited in the Wine Safety Fund.

(b) It is the intent of the Legislature to appropriate moneys in the Wine Safety Fund in equal amounts of fifty-five thousand three hundred dollars ($55,300) over five years to the State Department of Health Services for expenditure exclusively for the purposes set forth in subdivision (a).

(Amended by Stats. 1999, Ch. 288, Sec. 1. Effective January 1, 2000.)

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§ 23321. Issuance of licenses for trains, cars of sleeping car companies, and airplanes 

The license for trains shall be issued to a railroad company or other person selling distilled spirits on board trains operating in this State, and a duplicate thereof shall be obtained for each train on which distilled spirits are sold. The license for cars of sleeping car companies shall be issued to a sleeping car company operating sleeping cars in this State, and a duplicate thereof shall be obtained for each train in which distilled spirits are sold by such companies. The license for airplanes shall be issued to an air common carrier selling distilled spirits on board airplanes operating in this State, and a duplicate thereof shall be obtained for each scheduled flight on which distilled spirits are sold.

(Amended by Stats. 1955, Ch. 1221.)

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§ 23321.6. Issuance of licenses for vessels 

The license for vessels of more than 1,000 tons burden engaged in interstate and foreign commerce shall be issued to a common carrier by water selling distilled spirits on board vessels operating in this State, and a duplicate thereof shall be obtained for each vessel on which distilled spirits are sold.

(Added by Stats. 1959, Ch. 2192.)

§ 23321.7. Issuance of on-sale general bona fide public eating place intermittent dockside license to specified vessels 

(a)  The on-sale general bona fide public eating place intermittent dockside license for vessels of more than 7,000 tons displacement may be issued for any vessel of more than 7,000 tons displacement with cabin berth capacity for at least 75 passengers. Each license issuable under this section shall be used only in the county where issued, but a vessel qualified under this section may be issued such a license in more than one county. Notwithstanding the provisions of Section 23397, the licensee under each such license shall be authorized to sell alcoholic beverages to the general public aboard the vessel respecting which the license is issued when the vessel is securely lashed on berth in the county for which the license is issued, provided that such sales are incidental to the passenger operations of such vessel and beverages are purchased from persons licensed to sell alcoholic beverages for resale in this state. In no event shall the rights under any such license be exercised in any county during more than 100 calendar days in any calendar year.

(b) Notwithstanding the provisions of Article 2 (commencing with Section 23815) of Chapter 5 of this division, there shall not be a limitation, other than provided in this section, on the number of licenses that may be issued under this section to applicants who meet its requirements. Except as otherwise specifically provided in this section, all provisions of this division shall apply to any license issued under this section in the same manner as such provisions apply to an on-sale general license issued for a bona fide public eating place, provided that a caterer’s permit shall not be issued pursuant to Section 23399 with respect to any license issued hereunder, and provided further that any duplicate license issued pursuant to Section 24042 respecting such vessel shall bear the same fee as an on-sale general dockside license (Type 62) specified by subdivision (b) of Section 23320.

(Amended by Stats. 2019, Ch. 29, Sec. 11. (SB 82) Effective June 27, 2019.)

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§ 23325. Determination of fee where graduated according to amount of beverages produced under license 

When the fee for any license is graduated according to the amount of alcoholic beverages produced under the license, the license fee shall be determined solely upon the gallonage produced, even though the license is applied for after the beginning of the license year.

(Added by Stats. 1953, Ch. 152.)

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§ 23327. Wine grower’s license; Annual report; Additional fee 

 (a)  Persons holding wine growers’ licenses shall report annually at the end of each fiscal year, at the time and in the manner as the department may prescribe, the amount of wine produced by them during the fiscal year.

(b) If the total amount of wine produced during the year exceeds the amount permitted annually by the annual license fee already paid the department, the licensee shall pay such additional license fee as may be unpaid in accordance with the schedule provided in subdivision (b) of Section 23320.

(Amended by Stats. 2019, Ch. 29, Sec. 12. (SB 82) Effective June 27, 2019.)

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§ 23328. Failure to report; Estimate; Arbitrary assessment; Notice to delinquent 

If a licensee neglects or refuses to make a report as required by Section 23327, the department shall make an estimate based upon any information in its possession, or that may come into its possession, of the amount of wine produced by the delinquent licensee for the periods with respect to which he failed to make a report and, upon the basis of the estimated amount, compute and assess the additional license fees payable by the delinquent licensee. An assessment may be made of the amount of license fees due for more than one period. The department shall give the delinquent licensee written notice of the estimated license fee.

(Amended by Stats. 1971, Ch. 831.)

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§ 23329. Unsatisfactory report; Additional assessment; Offsets; Notice

If the department is not satisfied with a report required to be filed by Section 23327, it may make an additional assessment of license fees due based upon the facts contained in the report or upon any information within its possession, or that comes into its possession. An additional assessment may be made of the license fees for more than one period. In making an additional assessment the department may offset overpayments for periods against underpayments for other periods. The department shall give the licensee written notice of the additional assessment.

(Amended by Stats. 1971, Ch. 831.)

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§ 23330. Petition for reassessment; Time for 

Any licensee against whom an assessment is made by the department pursuant to Section 23328 or 23329 may petition for reassessment within 15 days after service upon the licensee of notice of the assessment. If a petition for reassessment is not filed within the 15-day period, the amount of the assessment becomes final at the expiration thereof.

(Amended by Stats. 1955, Ch. 447.)

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§ 23331. Hearing; Notice; Continuances 

If a petition for reassessment is filed within 15 days, the department shall reconsider the assessment and, if the licensee has so requested in his petition, shall grant the licensee an oral hearing and give the licensee 10 days’ notice of the time and place of hearing. The department may continue the hearing from time to time as may be necessary. The department may decrease or increase the amount of the assessment. The amount of the assessment may be increased, however, only if a claim for the increase is asserted by the department at or before the hearing.

(Amended by Stats. 1955, Ch. 447.)

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§ 23332. Finality of decision of department; Payment of assessments 

The order or decision of the department upon a petition for reassessment becomes final upon service upon the licensee of notice of the order or decision. All assessments made by the department in regard to license fees become due and payable at the time they become final.

(Amended by Stats. 1955, Ch. 447.)

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§ 23334. Books of accounts to be kept by on– or off–sale general licensees; Records

On- or off-sale general licensees shall keep books of accounts in which shall be kept records of all distilled spirits acquired by them, or in lieu thereof shall preserve all original bills and invoices for distilled spirits acquired. The records shall be in the form prescribed by the department and shall show at all times all purchases of distilled spirits made during the previous three years.

(Added by renumbering Section 23333 by Stats. 1957, Ch. 37.)

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