AB 776, as introduced, Cooper. Alcoholic beverages: seizure.
Existing law establishes the Department of Alcoholic Beverage Control within the Business, Consumer Services, and Housing Agency to administer and enforce the Alcoholic Beverage Control Act. Existing law authorizes the department to seize alcoholic beverages under specified circumstances. Existing law provides that the total retail value of alcoholic beverages subject to seizure may not exceed $100.
This bill would eliminate the provision that limits the retail value of the alcoholic beverages that are subject to seizure.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 25350 of the Business and Professions
2Code is amended to read:
The department may seize the following alcoholic
4beverages:
5(a) Alcoholic beverages manufactured or produced in thisbegin delete Stateend delete
6begin insert stateend insert by any person other than licensed manufacturer or wine
7grower, regardless of where found.
P2 1(b) Beer and wine upon the sale of which the excise tax imposed
2by Part 14begin insert (commencing with Section 32001)end insert of Division 2 of the
3Revenue and Taxation Code has not been paid,
regardless of where
4found.
5(c) Distilled spirits except (1) distilled spirits located upon
6premises for which licenses authorizing the sale of the distilled
7spirits have been issued; (2) distilled spirits consigned to and in
8the course of transportation to a licensee holding licenses
9authorizing the sale of the distilled spirits or for delivery without
10thisbegin delete State;end deletebegin insert state;end insert (3) distilled spirits upon the sale of which the
11excise tax imposed by Part 14begin insert (commencing with Section 32001)end insert
12 of Division 2 of the Revenue and Taxation Code has been paid;
13(4) alcohol or
distilled spirits in the possession of a person who
14has lawfully purchased it for use in the trades, professions, or
15industries and not for beverage use.
16(d) Any alcoholic beverage possessed, kept, stored, or owned
17with the intent to sell it without a license in violation of this
18division.
19(e) Notwithstanding any other provision of this section,begin insert a seizure
20ofend insert
any alcoholic beverage acquired, exchanged, purchased, sold,
21delivered, or possessed in violation of Sections 23104.2, 23104.3,
2223394, 23402,begin delete or 24879, or Chapter 10 (commencing with Section orbegin insert Chapterend insert 12
2324749), 11 (commencing with Section 24850),end delete
24(commencing with Section 25000)begin delete of this division, except that shall be limited to the actual
25seizures under this subdivisionend delete
26package or case of alcoholic beverage acquired, exchanged,
27purchased, sold, delivered, or possessed in violation of the
28foregoing provisions.begin delete Any seizure under this subdivision shall not
29exceed one hundred dollars ($100) of alcoholic beverages atretail
30price.end delete
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