Legal Insights

Article 2, Chapter 1.5, under the California Alcoholic Beverage Control (ABC) regulations, specifically focuses on prohibited activities. Section 23060 outlines strict prohibitions to maintain integrity within the Department of Alcoholic Beverage Control. It bars the Director and members of the Alcoholic Beverage Control Appeals Board from receiving commissions or profits from licensees, engaging in insurance or equipment sales related to licensed premises, soliciting licensees for benefit contributions, or requesting donations from licensees. Violations of these prohibitions result in removal from office. Understanding these rules helps ensure a fair and impartial regulatory environment for all stakeholders in the alcoholic beverage industry.

§ 23049. Legislative intent It is the intention of the Legislature in enacting this chapter to provide a governmental organization which will ensure a strict, honest, impartial, and uniform administration and enforcement of the liquor laws throughout the State. (Added by Stats. 1954, 1st Ex. Sess., Ch. 20.) BACK TO TOP § 23050. Establishment of department; Administration; Director of Alcoholic

ARTICLE 1. The Department of Alcoholic Beverage Control ARTICLE 2. Prohibited Activity ARTICLE 3. The Alcoholic Beverage Control Appeals Board ARTICLE 4. Appeals From Decisions of the Department ARTICLE 5. Judicial Review ARTICLE 6. Stay of Suspension

Chapter 1 General Provisions of the California Alcoholic Beverage Control Act ( California Business & Professions Code Division 9), focuses on the General Provisions and Definitions that lay the groundwork for understanding the complex legal landscape of alcoholic beverages in California. This chapter includes crucial sections such as Section 23000, which cites the division, and Section 23001, which outlines the purposes and construction of the division. Key definitions are provided, including those for “alcohol,” “alcoholic beverage,” “beer,” “wine,” and more specialized terms like “brandy manufacturer,” “distilled spirits,” “beer manufacturer,” and “winegrower.” Additionally, it covers the definitions of various industry roles such as “importer,” “exporter,” “wholesaler,” and “retailer,” among others. Understanding these terms is essential for navigating the regulatory framework governing the production, distribution, and sale of alcoholic beverages within the state.