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California Alcoholic Beverage Control Act ("ABC Act")

Codified as

California Business and Professions Code
Division 9
Alcoholic Beverages

CHAPTER 3. ARTICLE 1. In General

Table of Contents

§ 23300. Necessity for license

No person shall exercise the privilege or perform any act which a licensee may exercise or perform under the authority of a license unless the person is authorized to do so by a license issued pursuant to this division.

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

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§ 23300.1. Revenue sharing for sale of alcoholic beverages during state or county fair; Written agreement; License not required where no control exercised

(a) A written agreement regarding the sharing or splitting of gross revenue from the sale of alcoholic beverages between a licensee and a district agricultural association, the California Exposition and State Fair, a county fair, or a citrus fruit fair, in connection with the sale of alcoholic beverages during a state or county fair is not the exercise of a license privilege or performance of an act for which a license is required, unless the agreement, or any other related agreement or understanding, results in an unlicensed person exercising control or undue influence over a licensee or the operation of a licensed business.

(b) Notwithstanding subdivision (a), all other provisions of this division shall apply to the written agreement.

(Added by Stats. 2016, Ch. 131, Sec. 1. (AB 2135) Effective January 1, 2017.)

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§ 23301. Penalty for operation without license. 

Any person violating Section 23300 is guilty of a misdemeanor, except that any person, without having a still license, exercising the privileges or performing any act which a still licensee may exercise or perform is guilty of a felony.

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

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