BILL NUMBER: AB 776	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 25, 2015

   An act to amend Section 25350 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 25350 of the Business and Professions Code is
amended to read:
   25350.  The department may seize the following alcoholic
beverages:
   (a) Alcoholic beverages manufactured or produced in this 
State   state  by any person other than licensed
manufacturer or wine grower, regardless of where found.
   (b) Beer and wine upon the sale of which the excise tax imposed by
Part 14  (commencing with Section 32001)  of Division 2 of
the Revenue and Taxation Code has not been paid, regardless of where
found.
   (c) Distilled spirits except (1) distilled spirits located upon
premises for which licenses authorizing the sale of the distilled
spirits have been issued; (2) distilled spirits consigned to and in
the course of transportation to a licensee holding licenses
authorizing the sale of the distilled spirits or for delivery without
this  State;   state;  (3) distilled
spirits upon the sale of which the excise tax imposed by Part 14 
(commencing with Section 32001)  of Division 2 of the Revenue
and Taxation Code has been paid; (4) alcohol or distilled spirits in
the possession of a person who has lawfully purchased it for use in
the trades, professions, or industries and not for beverage use.
   (d) Any alcoholic beverage possessed, kept, stored, or owned with
the intent to sell it without a license in violation of this
division.
   (e) Notwithstanding any other provision of this section,  a
seizure of  any alcoholic beverage acquired, exchanged,
purchased, sold, delivered, or possessed in violation of Sections
23104.2, 23104.3, 23394, 23402,  or 24879, or Chapter 10
(commencing with Section 24749), 11 (commencing with Section 24850),
 or  Chapter  12 (commencing with Section 25000)
 of this division, except that seizures under this
subdivision  shall be limited to the actual package or case
of alcoholic beverage acquired, exchanged, purchased, sold,
delivered, or possessed in violation of the foregoing provisions.
 Any seizure under this subdivision shall not exceed one
hundred dollars ($100) of alcoholic beverages atretail price.