Business and Professions Code

Part 25 of 52 · provisions 4,801–5,000

This section says the act is called the Business and Professions Code.

Jurisdiction: United States — California
Instrument: Code
Citation: BPC
Version: Undated source snapshot
Language: en
Official source: View official record ↗
Complete work: View statute overview

.50 BMG rifles AI Transparency Act AI advertising AI compliance AI definitions AI detection tools AI transparency AI-generated content disclosures API interoperability Administration Administrative authority Administrative notice Advertising Alcohol purchase by minors Alcoholic beverages American Indian-made articles Animal blood banks Animal injury reporting Appaloosa horse awards Applications Asian medicine Attorney General notice Automotive repair Beer pricing and marketing +9,673 more

Statute overview

About this statute

This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

Read the provisions Ask with citations

Search within this statute

Search all stored provisions in this version.

Legal text

Provisions of Business and Professions Code

Showing 200 of 10,364

25503.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol suppliers and related persons must not use consignment, free goods, secret rebates, price discrimination, advertising payments, or related promotional items to influence retail licensees.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503. No manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, out-of-state beer manufacturer certificate holder, or wholesaler, or any officer, director, or agent of any such person, shall do any of the following: (a) Directly or indirectly, deliver the possession of any alcoholic beverages to any on- or off-sale licensee under an agreement of consignment whereby title to the alcoholic beverages is retained by the seller or whereby the licensee receiving the alcoholic beverages has the right at any time prior to sale to relinquish possession to or return them to the original seller. (b) Directly or indirectly, give any licensee or any person any alcoholic beverages as free goods as a part of any sale or transaction involving alcoholic beverages. (c) Give secret rebates or make any secret concessions to any licensee or the employees or agents of any licensee, and no licensee shall request or knowingly accept from another licensee secret rebates or secret concessions. (d) Give or furnish, directly or indirectly, to any employee of any holder of a retail on-sale or off-sale license only anything of value for the purpose or with the intent to solicit, acquire, or obtain the help or assistance of the employee to encourage or promote either the purchase or the sale of the alcoholic beverage sold or manufactured by the licensee giving or furnishing anything of value, and any employee who accepts or acquires anything of value contrary to the provisions of this subdivision is guilty of a misdemeanor. (e) Willfully or knowingly discriminate, in the same trading area, either directly or indirectly, in the price of any brand of distilled spirits sold to different retail licensees purchasing under like terms and conditions. (f) Pay, credit, or compensate a retailer or retailers for advertising, display, or distribution service in connection with the advertising and sale of alcoholic beverages. (g) Furnish, give, lend, or rent, directly or indirectly, to any person any decorations, paintings, or signs, other than signs advertising their own products as permitted by Section 25611.1. (h) Pay money, provide credit, rebate, or give or furnish anything of value for the privilege of placing or painting a sign or advertisement, floor or window display, on or in any premises selling alcoholic beverages at retail. (Amended by Stats. 2023, Ch. 532, Sec. 2. (AB 546) Effective January 1, 2024.)
25503.1.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol licensees may provide and install promotional displays and materials for off-sale retailers, but must follow stated limits and may not pay the retailer for the display. Wholesaler license holders may also sell or rent lawful products to retail premises, but not below current market price.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.1. (a) Anything in this division to the contrary notwithstanding, any manufacturer, winegrower, manufacturer’s agent, rectifier, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of any such person is authorized: (1) Only in connection with alcoholic beverages manufactured, produced or sold by such licensee, to install, service and set up window displays, promotional materials, and temporary floor displays holding merchandise in the premises of an off-sale retail licensee. (2) Only in connection with alcoholic beverages manufactured, produced or sold by such licensee, to furnish, give, lend, rent or sell decorations and decorative materials, including holiday decorations, paintings and pictures, to an off-sale retail licensee for use in the windows and elsewhere in the interior of the retail premises in connection with advertising and promotional material or displays in the premises of such retailer; provided, that the advertising and promotional material shall have no intrinsic value other than as advertising and that the total original cost of all such decorations and decorative materials, including holiday decorations, paintings and pictures furnished by any licensee and in use at any one time in any one off-sale retail premise shall not exceed the amount established by rules of the department; and provided, that the licensee or any officer, director or agent of such licensee shall not directly or indirectly pay or credit the retailer for the display of such decorations or decorative materials or for any expense incidental to their operation. (3) To furnish, give, lend, rent or sell to an off-sale retailer who sells the alcoholic beverages of such licensee, newspaper cuts, mats, or engraved blocks for use in the retailer’s advertisements relating to such alcoholic beverages. (b) Anything in this chapter to the contrary notwithstanding, any holder of a wholesaler’s license may manufacture, and distribute, sell, or rent any lawful product to any person engaged in operating, owning, or maintaining any retail premises where alcoholic beverages are sold; provided, however, that such products are sold or rented by the holder of the wholesaler’s license to the licensee at a price not less than the current market price for such product; and provided, further, that the manufacturer and importer of alcoholic beverages shall be controlled by the other applicable provisions of this division. (Amended by Stats. 1983, Ch. 215, Sec. 1. Effective July 13, 1983.)
25503.10.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

The department may approve certain alcohol-related leases or subleases if specified conditions are included, and it may suspend or revoke licenses for violations or misrepresentation.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.10. (a) Notwithstanding any other provision of this division, the department may approve a lease or sublease, or amendments to such lease or sublease, where a manufacturer, manufacturer’s agent, winegrower, California winegrower’s agent, rectifier, importer, or wholesaler is the lessor and a retailer is the lessee when each of the following conditions are incorporated in the lease: (1) The lease is confined to real property and improvements thereon which have become part of the real property. (2) No trade fixtures or other personal property are included in the lease. (3) The rent to be paid by the lessee is not less than the current value for such a lease, which the lessor shall establish by submission of competent proof to the department. (4) The rent is due and payable monthly beginning with the first month of occupancy. (5) Any money received by the lessor from the lessee when the rent is due shall be first applied by the lessor to the payment of the rent. (6) The lessee shall purchase from the lessor no more than 10 percent of his yearly supply of the type of alcoholic beverages sold on his licensed premises. The percentage shall be computed on a calendar-year basis. (b) The original lease and any amendments to the original lease or to an amended lease shall be submitted to the department for its approval. (c) The department may suspend or revoke the license of the lessor or the lessee for violations of any of the above conditions or for any misrepresentation in the terms of the lease. (d) The ownership of shares of stock in a corporation licensed as a retailer under the provisions of this division, when such shares of stock are sold to the general public on any national or local stock exchange, shall not be deemed to be the ownership, either in whole or in part, of the land upon which a retail license issued to such corporation is located. The person who holds such shares of stock shall not be held to be a lessor under the provisions of this section. (Amended by Stats. 1974, Ch. 699.)
25503.11.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol industry businesses may hold a small amount of stock in, or serve as directors of, specified retail licensees if they do not gain control, do not exclude competitors’ brands, the stock is exchange-listed, and the department is notified.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.11. Notwithstanding any other provision of this division, a manufacturer, manufacturer’s agent, winegrower, rectifier, importer, or wholesaler may hold a diminutive amount of stock in a corporate retail licensee or serve on the board of directors of a corporate off-sale retail licensee, provided the stock ownership or service on the board of directors, as determined by the department, does not result in the exercise of control over the retail licensee’s business and does not result in the exclusion of any competitor’s brand of alcoholic beverages, and provided further that the stock is listed on the New York Stock Exchange, the American Stock Exchange, or NASDAQ, and the department is notified of the stock ownership or service on the board of directors. (Amended by Stats. 1998, Ch. 639, Sec. 12. Effective January 1, 1999.)
25503.12.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

A retail licensee may hold a small amount of stock in certain licensed alcohol businesses if the stock is exchange-listed, the department is notified, and the ownership purpose is not to violate this chapter.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.12. Notwithstanding any other provision of this division, a retail licensee may hold a diminutive amount of stock in a corporate licensed manufacturer, manufacturer’s agent, winegrower, rectifier, importer, or wholesaler, provided that the purpose of the stock ownership by the retail licensee, as determined by the department, is not to violate any of the provisions of this chapter, and provided further that the stock is listed on the New York Stock Exchange, the American Stock Exchange, or on NASDAQ, and the department is notified of the stock ownership. (Amended by Stats. 1998, Ch. 639, Sec. 13. Effective January 1, 1999.)
25503.13.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain out-of-state wine producers and related persons may hold an interest in an on-sale license if specified conditions are met, and the department must adopt rules to administer the section.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.13. (a) In order to alleviate the adverse economic and social consequences of high unemployment in identifiable urban and rural areas of California, the Legislature finds it in the public interest to encourage the private sector to create new employment and job-training opportunities for low-income persons and establish business enterprises owned and managed by such persons. To provide such opportunities it is necessary for companies with sufficient financial resources, management experience and marketing strength to establish as a principal operating objective the creation of definitive programs for obtaining these goals. (b) Notwithstanding any other provision of this division, a manufacturer, rectifier, distiller, winegrower or bottler of wine who produces and sells only wine in an area outside of the United States, its territories or possessions and outside of foreign countries having common boundaries with any state of the United States, and who is not licensed in the United States, its territories or possessions, or any officer, director or agent of any such person or a person holding the ownership, directly or indirectly, of any interest in any such manufacturer, rectifier, distiller, winegrower or bottler of wine may have an interest in a person holding an on-sale license, provided, that the wine produced or sold by such manufacturer, rectifier, distiller, winegrower or bottler of wine is not sold, furnished or given, directly or indirectly to such on-sale licensee, provided further, that food shall also be sold at the on-sale premises, and, provided further, that any on-sale license that may be granted under this section shall be conditioned so as to promote, where feasible, the following objectives in accordance with the public policy set forth in subdivision (a) above: (1) The location of a significant number of on-sale premises in or accessible to areas of high unemployment, (2) The employment and management training of low-income individuals, particularly those who, because of race, sex, age or national origin, suffer a rate of unemployment significantly higher than the statewide average and (3) The minority ownership of licensed businesses operating on-sale premises pursuant to a franchise agreement. The department, after consultation with the Secretary of Business and Transportation, the Department of Business and Economic Development, the Chief of the Division of Fair Employment Practices, and the Director of the Employment Development Department, shall adopt such rules as it determines to be necessary for the administration of this section. (Added by Stats. 1977, Ch. 1044.)
25503.14.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

A qualifying retail off-sale general licensee may hold a beer and wine wholesale license in a state of 700,000 people or fewer, if it meets the license and warehouse minimums and does not sell or transfer alcoholic beverages to California licensees.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.14. Notwithstanding any provision of this division, any retail off-sale general licensee who holds at least 30 such licenses in this state and who also operates at least 50 wholesale grocery warehouses not licensed under this division may hold a beer and wine wholesale license in a state with a population not exceeding 700,000, provided that such licensed wholesale operation does not sell or transfer any alcoholic beverages to licensees of this state. (Added by Stats. 1978, Ch. 407.)
25503.15.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Some winegrowers may own an interest in an on-sale license if they meet the section’s conditions.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.15. (a) Notwithstanding any other provision of this division, a winegrower who manufactures, produces, bottles, processes, imports, or sells wine only, or any officer, director, or agent of that person, may hold the ownership of any interest in any on-sale license, if both of the following conditions exist: (1) Neither that person, nor any officer, director, or agent of that person, sells or furnishes to the holder of the license any wine, or permits the sale pursuant to that license of any wine, manufactured, produced, wholesaled, bottled, processed, imported, or sold by that person or that person’s principal for as long as that ownership continues. (2) Neither that person, nor any officer, director, or agent of that person, enters into any collusive scheme, whereby he or she unfairly sells or promotes, in his or her on-sale businesses, the wine of another winegrower who manufactures, produces, bottles, processes, imports, or sells wine only, in return for his or her wine being unfairly sold or promoted in the on-sale businesses of that winegrower. (b) Notwithstanding any other provision of this division, any licensed winegrower or any winegrower who has a wholesale license, or any officer, director, or agent of that person, may hold, directly or indirectly, the ownership of any interest in an on-sale license, provided that each of the following conditions is met: (1) The on-sale licensed premises are licensed as a bona fide public eating place as defined in Section 23038, or as a bona fide bed and breakfast inn as defined in Section 24045.11. (2) The on-sale licensed premises purchases all alcoholic beverages sold and served at the on-sale licensed premises only from California wholesale licensees, other than the licensed winegrower who has a wholesale license and an interest in an on-sale license, unless one of the following conditions is met: (A) The wine purchased is produced or bottled by, or produced and packaged for, the same licensed winegrower that holds an interest in the on-sale license. (B) The wine is produced or bottled by, and is purchased from, a licensed winegrower who sells no more than 125,000 gallons of wine per year for distribution in this state under all brands or trade names owned by that winegrower. (C) The wine is purchased by an on-sale licensee in whose on-sale license a licensed winegrower holds an interest, provided that the winegrower sells no more than 125,000 gallons of wine per year for distribution in this state under all brands or trade names owned by that winegrower. (3) The licensed winegrower and any officer, director, or agent of that person, whether individually or in the aggregate, do not sell and serve the wine products produced or bottled under any brand or trade name owned by that winegrower through more than two on-sale licensed premises in which any of them holds an ownership interest. (4) The number of wine items by brand offered for sale by the on-sale licensed premises that are produced, bottled, processed, imported, or sold by the licensed winegrower or by any person holding any interest in the winegrower does not exceed 15 percent of the total wine items by brand listed and offered for sale in the licensed bona fide public eating place selling and serving that wine. This paragraph does not apply to a bona fide bed and breakfast inn. (c) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests must be limited to their express terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Amended by Stats. 2010, Ch. 296, Sec. 8. (SB 1480) Effective January 1, 2011.)
25503.16.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section creates a tied-house exception for certain hotel, motel, and marine park premises, but only if the listed conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.16. (a) Nothing in this division shall prohibit the issuance or transfer of any retail on-sale or off-sale license to any person with respect to premises which are an integral part of the operations of a hotel, motel, or marine park owned by, or operated by or on behalf of, the licensee notwithstanding that a manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, wholesaler, or out-of-state distilled spirits shipper has any interest, directly or indirectly, in the premises, in the retail license, or in the retail licensee, and notwithstanding that the issuance or transfer would otherwise result in a violation of subdivision (a) of Section 25500, subdivision (a) or (b) of Section 25501, or Section 25502, if each of the following conditions is met: (1) In the case of a hotel or motel, the hotel or motel consists of not less than 25 guestroom accommodations. (2) No more than one-quarter of the total gross annual revenues of the hotel, motel, or marine park is derived from the sale by the hotel, motel, or marine park of alcoholic beverages. (3) (A) The retail licensee shall purchase no beer or distilled spirits for sale in this state other than from a wholesale licensee, and the retail licensee, except as otherwise provided in subparagraph (B), shall purchase no alcoholic beverages for sale in this state from any wholesale licensee that has any interest, directly or indirectly, in the premises, in the retail license, or in the retail licensee. (B) Notwithstanding subparagraph (A), a marine park may purchase beer or malt beverages for sale in this state from a wholesale licensee regardless of whether the wholesale licensee has any interest, directly or indirectly, in the premises, in the retail license, or in the retail licensee. (4) The retail licensee serves other brands of beer, wine, and distilled spirits in addition to the brands manufactured by the beer or distilled spirits manufacturer or produced by the winegrower holding an interest in the retail license. (5) No marine park shall sell or offer for sale any distilled spirits, except during private events or private functions held at the marine park. (b) For purposes of this section, “hotel” and “motel” shall mean an establishment containing guestroom accommodations with respect to which the predominant relationship existing between the occupants thereof and the owner or operator of the establishment is that of innkeeper and guest; for purposes of this subdivision, the existence of other legal relationships as between some occupants and the owner or operator thereof shall be immaterial. (c) For purposes of this section, “marine park” means an establishment with not less than 125 contiguous acres, located in San Diego County, the predominant purpose of which is the education or entertainment of the public through the display of marine animals and related aquatic, food service, and amusement activities, which holds permits issued by state and federal regulatory agencies authorizing the keeping of marine animals or endangered species or both, and which has an annual paid attendance of at least 2,000,000 people. (d) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests shall be limited to its express terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Amended by Stats. 2017, Ch. 517, Sec. 1. (SB 461) Effective January 1, 2018.)
25503.17.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section allows issuance or transfer of a retail onsale general license for premises tied to a school for professional chefs if stated conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.17. Nothing in this division shall prohibit the issuance or transfer of any retail onsale general license to any person with respect to premises which are an integral part of the operations of a school for professional chefs owned by, or operated by or on behalf of, the licensee, notwithstanding that a manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, or wholesaler holds the ownership of any interest, directly or indirectly, in the premises or in the retail licensee, provided that each of the following conditions is met: (a) The school is operated in conjunction with a bona fide eating place open to the public. (b) The school has been in operation in a city with a population of less than one million for at least five years prior to the effective date of this section. (c) The retail licensee shall purchase no beer or distilled spirits for sale in this state other than from a wholesale licensee, and the retail licensee shall purchase no alcoholic beverages for sale in this state from any wholesale licensee holding the ownership of any interest, directly or indirectly, in the premises or in the retail licensee. The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests must be limited to its express terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Added by Stats. 1983, Ch. 314, Sec. 1.)
25503.18.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section allows issuance or transfer of certain retail offsale beer and wine licenses for a chef school property if stated conditions are met, and it limits the retail licensee’s alcohol purchases to wholesale licensees that do not have an ownership interest in the premises or the retail licensee.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.18. Nothing in this division shall prohibit the issuance or transfer of any retail offsale beer and wine license to any person with respect to premises which are an integral part of the operations of a school for professional chefs owned by, or operated by or on behalf of, the licensee notwithstanding that a manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, or wholesaler holds the ownership of any interest, directly or indirectly, in the premises or in the retail licensee, provided that each of the following conditions is met: (a) The school is operated in conjunction with a bona fide eating place open to the public. (b) The school has been in operation in a city with a population of less than one million for at least five years prior to the effective date of this section. (c) The retail licensee shall purchase no beer or distilled spirits for sale in this state other than from a wholesale licensee, and the retail licensee shall purchase no alcoholic beverages for sale in this state from any wholesale licensee holding the ownership of any interest, directly or indirectly, in the premises or in the retail licensee. The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests must be limited to its express terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Added by Stats. 1983, Ch. 313, Sec. 1.)
25503.19.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section allows certain retail on-sale general licenses for passenger cruise ships or lines, but only if specific conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.19. (a) Nothing in this division shall prohibit the issuance or transfer of any retail on-sale general license to any person with respect to passenger cruise ships or lines owned by, or operated by or on behalf of, the licensee, notwithstanding that a manufacturer, winegrower, manfacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, or wholesaler holds the ownership of any interest, directly or indirectly, in the cruise ships or lines or in the retail licensee, subject to the following conditions: (1) Not more than 10 percent of the total gross annual revenues of the cruise ships or lines is derived from the sale of alcoholic beverages. (2) The manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, or wholesaler shall not influence or attempt to influence decisions concerning the purchase and sale of alcoholic beverages by the retail licensee and those decisions are made solely by the retail licensee. (3) The retail licensee is not required, by agreement or otherwise, to exclude from sale on board its vessels competitive alcoholic beverage products. (4) The retail licensee shall purchase no beer, wine, or distilled spirits for sale in this state other than from a wholesale licensee, and the retail licensee shall purchase no alcoholic beverages for sale in this state from any wholesale licensee holding the ownership of any interest, directly or indirectly, in the cruise ships or lines or in the retail licensee. (b) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through verticle integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests must be limited to its express terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Added by Stats. 1986, Ch. 804, Sec. 1.)
25503.2.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol licensees may help stock, arrange, inventory, and service products at retail premises, but there are limits on price-marking and on when regular restocking is allowed.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.2. (a) Notwithstanding any other provision in this division, any winegrower, wine blender, beer manufacturer, brandy manufacturer, distilled spirits manufacturer, distilled spirits manufacturer’s agent, rectifier, distilled spirits wholesaler, and beer and wine wholesaler, or the authorized agent or agents or representative or representatives of that licensee, may perform any of the following services for off-sale retail licensees at or on the licensed premises of the off-sale retail licensee where the licensee sells alcoholic beverages with the retail licensee’s permission: (1) Stack or arrange cases of the brand or brands of alcoholic beverages owned or sold by the licensee performing the service in the storeroom or warehouse where the off-sale retail licensee stores the brand or brands. (2) Rotate the brand or brands owned or sold by the licensee performing the service on shelves and in refrigerated boxes, and rearrange bottles or packages of the brand or brands by moving the bottles or packages horizontally or vertically from shelf to shelf in the space and shelves allocated to the brand or brands. This paragraph does not permit the removal of any brand or brands of alcoholic beverages, except beer, and brands of distilled spirits in single-serve containers, and wine in single-serve containers, which are owned or sold by the licensee performing the service, from the storeroom or other place belonging to an off-sale retailer for the purpose of replacing alcoholic beverages on or restocking shelves or refrigerated boxes. (3) Take an inventory of an off-sale retailer’s stock of a brand or brands of alcoholic beverages which are owned or sold by the licensee performing the service and which are in the stockroom or other place belonging to the off-sale retailer. (4) Service the brand or brands of alcoholic beverages owned or sold by the licensee performing the service which are on shelves, fixtures, or other display pieces at the off-sale retail premises, including, but not limited to, dusting bottles and shelves and refrigerated boxes allocated to the brand or brands at the retail premises. The licensees authorized to render services by this section and their agents and representatives shall not price-mark individual containers of the brand of alcoholic beverages, except beer, owned or sold by the licensee performing the service, except for individual bottles and packages used on floor displays. (5) Rotate or rearrange the brand or brands of wine or distilled spirits owned or sold by the licensee on, in, or among permanent shelves, permanent fixtures, refrigerated boxes, or floor or other displays or display pieces; stock the brand or brands onto or into floor or other displays or display pieces; and stock the brand or brands onto or into permanent shelves, permanent fixtures, or refrigerated boxes for the sole purposes of the introduction of new products, the resetting or rearrangement of existing products, or the setting or arranging of new stores. Incidental touching or rearrangement of the brand or brands of another licensee by a licensee performing any of the services authorized by this paragraph for the sole purpose of accessing permanent shelves, permanent fixtures, and other spaces allocated to the licensee performing the service shall not be deemed to be a violation of any provision of this division provided the other licensee’s brands are not removed from spaces allocated to that licensee. Nothing in this paragraph permits stocking permanent shelves, permanent fixtures, or refrigerated boxes for regular inventory replenishment, except beer, and brands of distilled spirits in single-serve containers, and wine in single-serve containers. (b) Notwithstanding any other provision in this division, any beer manufacturer or beer and wine wholesaler, or the authorized agent or agents or representative or representatives of that licensee, may perform any of the services specified in paragraphs (1) to (4), inclusive, of subdivision (a), with respect to beer, for on-sale retail licensees at or on the premises of the on-sale retail licensee with the retail licensee’s permission. (c) For purposes of this section, “single-serve containers” means containers that have a standard of fill between 50 milliliters and 355 milliliters that is authorized for distilled spirits under Section 5.47a of Title 27 of the Code of Federal Regulations or a standard of fill between 187 milliliters and 355 milliliters that is authorized for wine under Section 4.72 of Title 27 of the Code of Federal Regulations, either individually or in multiple container packaging, and are intended to be consumed without mixing with any other substance. (Amended by Stats. 2021, Ch. 271, Sec. 1. (AB 1149) Effective September 23, 2021.)
25503.20.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol manufacturers, agents, distillers, bottlers, importers, and wholesalers may have ownership or service relationships with a retail licensee, and may sponsor or fund related programs and events, if the listed conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.20. Notwithstanding any other provision of this division, a manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, or wholesaler may hold the ownership of any interest, directly or indirectly in the premises or in the retail licensee, may serve as an officer, director, employee, or agent of that licensee, and may sponsor or fund educational programs, special fundraising and promotional events, improvements in capital projects, and the development of exhibits or facilities of and for the licensee, provided that each of the following conditions is met: (a) The retail license is for a nonprofit school for professional chefs located in Napa County which is operated in conjunction with a bona fide eating place open to the public. (b) The school’s educational program has been accredited by the Board of Regents of the University of California, the State Department of Education, or the Council for Private Postsecondary and Vocational Education or other state-authorized accrediting commission. (c) The number of items of beer, wine, or distilled spirits by brand offered for sale by the retail licensee, which are produced, bottled, rectified, distilled, processed, imported, or sold by the licensees holding an interest in, serving as an officer or director of, or sponsoring or funding the programs and projects of the retail licensee, does not exceed 15 percent of the total items of beer, wine, or distilled spirits by brand listed and offered for sale in the bona fide public eating place. (Added by Stats. 1995, Ch. 245, Sec. 2. Effective January 1, 1996.)
25503.21.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Some alcohol industry licensees may keep leasing, renewing, or changing a premises lease with an off-sale license holder if the lease began before July 1, 1987 and the lessor has no financial interest in the lessee’s business beyond the lease.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.21. Notwithstanding any other provision of this division, a licensed manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of any such person, who prior to July 1, 1987, has entered into an active lease of premises to any holder of an off-sale license, may continue to lease premises or renew or otherwise modify such lease with any holder of an off-sale license so long as the lessor holds no financial interest other than such lease in the business of the lessee. (Added by Stats. 1988, Ch. 116, Sec. 4. Effective May 25, 1988.)
25503.22.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section allows issuance, transfer, or renewal of a retail license for certain premises despite a non-California wholesaler’s interest, if the stated conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.22. (a) Nothing in this division shall prohibit the issuance, transfer, or renewal of any retail license to any person with respect to premises which are owned by, or operated by or on behalf of, the licensee, notwithstanding that a wholesaler licensed to sell alcoholic beverages in states other than California has an interest, directly or indirectly, in the premises, in the retail license or in the retail licensee, provided that each of the following conditions are met: (1) The retail licensee shall purchase no alcoholic beverages for sale in this state other than from a California wholesale licensee, and the retail licensee shall purchase no alcoholic beverages from any manufacturer or wholesale licensee holding the ownership of any interest, directly or indirectly, in the premises, in the retail license or in the retail licensee. (2) Not more than 40 percent of the gross annual revenues of the retailer are derived from the sale of alcoholic beverages. (b) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests must be limited to its expressed terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Amended by Stats. 2008, Ch. 412, Sec. 1. Effective September 27, 2008.)
25503.23.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

A beer manufacturer or winegrower may buy advertising space and time from, or for, an on-sale retail licensee that owns a stadium with more than 3,000 seats, but only when the stadium is being used for an annual water ski show.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.23. Notwithstanding any other provision of this chapter, a beer manufacturer or winegrower may purchase advertising space and time from, or on behalf of, an on-sale retail licensee who is the owner of a stadium with a seating capacity in excess of 3,000 seats during the use of the stadium for an annual water ski show. (Added by Stats. 1990, Ch. 124, Sec. 1. Effective June 7, 1990.)
25503.24.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol industry entities may conduct market research and buy retailer data, but retailers cannot be forced into purchases, overused in research projects, or pressured to make market research a condition of sales.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.24. (a) Notwithstanding any other provision of this chapter, any manufacturer, winegrower, rectifier, distiller, distilled spirits wholesaler, or any officer, director, agent, or representative of any of those entities, may conduct market research and, in connection with that research, the entity conducting the market research may purchase from licensed off-sale retailers data regarding purchases and sales of alcoholic beverage products at the market rates that those retailers sell similar data for nonalcoholic beverage products subject to the following limitations: (1) A licensed retailer shall not be obligated to purchase or sell the alcoholic beverage products of that manufacturer, winegrower, rectifier, distiller, or distilled spirits wholesaler. (2) A retail premises shall not participate in more than one research project conducted by any single manufacturer, winegrower, rectifier, distiller, or distilled spirits wholesaler during a calendar year. A research project may involve multiple onsite surveys to gather feedback. (3) Nothing in this section shall allow a licensed retailer to require a manufacturer, winegrower, rectifier, distiller, or distilled spirits wholesaler to conduct any market research as a condition for selling alcoholic beverage products to that licensed retailer. (b) Any holder of a beer manufacturer’s license or winegrower’s license who, through coercion or other illegal means, induces, directly or indirectly, a holder of a beer or wine wholesaler’s license to fulfill obligations entered into pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the market research or time involved in the project, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (c) Any retail licensee who, directly or indirectly, solicits or coerces a holder of a beer or wine wholesaler’s license to solicit a beer manufacturer, or holder of a winegrower’s license to fulfill obligations entered into pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the market research or time involved in the project, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (d) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. (Amended by Stats. 2022, Ch. 294, Sec. 2. (AB 2921) Effective January 1, 2023.)
25503.26.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol license holders may buy advertising space or time from an on-sale retail licensee only if specific arena and contracting conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.26. (a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a California winegrower’s agent, a manufacturer of distilled spirits, or distilled spirits manufacturer’s agent, may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions: (1) The on-sale licensee is the owner, or is the lessee, or is a wholly owned subsidiary of the lessee, of an arena with a fixed seating capacity in excess of 10,000 seats, at least 60 percent of the use of which is for horseracing events, and which is located within Los Angeles County, Alameda County, or San Mateo County. (2) The advertising space or time is purchased only in connection with events to be held on the premises of the arena owned or leased by the on-sale licensee. (3) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced or marketed by the winegrower or California winegrower’s agent and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits manufacturer or distilled spirits manufacturer’s agent purchasing the advertising space or time. (b) Any purchase of advertising space or time pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the California winegrower’s agent, the manufacturer of distilled spirits, or distilled spirits manufacturer’s agent, and the on-sale licensee. (c) Any beer manufacturer, holder of a winegrower’s license, California winegrower’s agent, manufacturer of distilled spirits, or the distilled spirits manufacturer’s agent, who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill the contractual obligations entered into pursuant to subdivision (a) or (b) is guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (d) Any on-sale licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a California winegrower’s agent, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent, to purchase advertising space or time shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. (Amended by Stats. 2001, Ch. 567, Sec. 11. Effective October 7, 2001.)
25503.27.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol-related businesses may provide specified food, beverages, transportation, and entertainment tickets to licensed retailers and qualifying retailer employees under the listed conditions.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.27. (a) Anything in this division to the contrary notwithstanding, any manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, distiller, bottler, importer, wholesaler, or any officer, director, agent, or representative of any such person, may provide to licensed retailers and the employees of those retailers who are involved in the business decisions of those retailers, both of the following: (1) Food and beverages for consumption at a meeting at which the primary purpose is the discussion of business, and local ground transportation to and from those meetings. (2) Tickets or admission to athletic activities or to other forms of entertainment, food and beverages for consumption at those activities, and local ground transportation to and from those activities. (b) For purposes of this section, any allowable expenditure shall be for an activity for which some portion of the expenditure is deductible as a business entertainment expense under the Internal Revenue Code. The value of any food, beverage, local ground transportation, or tickets or admission to activities or other forms of entertainment provided under subdivision (a) shall not be considered the advancement of moneys or other things of value within the meaning of Sections 25500, 25502, and 25600. (Added by Stats. 1990, Ch. 425, Sec. 1. Effective July 26, 1990.)
25503.28.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section lets certain on-sale license holders and their officers, directors, employees, or agents own and serve with a licensed beer manufacturer, but limits beer manufacturers’ retail-location combinations and requires on-sale licensees to buy alcoholic beverages only from permitted sellers, with a narrow proximity exception.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.28. (a) Notwithstanding any other provision of this division, the holder of no more than six on-sale licenses, or any officer, director, employee, or agent of that licensee, may own a licensed beer manufacturer holding a license pursuant to Section 23357, and may serve on the board of directors and as an officer or employee of a licensed beer manufacturer. A beer manufacturer, regardless of how many beer manufacturer licenses are held by the beer manufacturer alone, under common ownership with any other licensed beer manufacturer, or under common ownership with any officer, director, employee, or agent of that beer manufacturer licensee who is operating as an on-sale retailer pursuant to this section, shall be prohibited from exercising alone or in common any combination of retail privileges authorized under this section and subdivision (c) of Section 23389 that would result in that beer manufacturer exercising retail privileges at more than eight locations, provided that, subject to the limitations of this section, no more than six of which may be on-sale licenses. This section shall not limit the number of licensed beer manufacturer locations or the exercise of retail privileges at those licensed beer manufacturer locations as authorized pursuant to Section 23357. (b) An on-sale licensee specified in subdivision (a) shall purchase no alcoholic beverages for sale in this state other than from a wholesale or winegrower licensee, except for any alcoholic beverages manufactured by the licensed beer manufacturer whose premises of production are located no more than five miles from the licensed on-sale premises. (c) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests must be limited to its expressed terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Amended by Stats. 2022, Ch. 962, Sec. 3. (AB 2307) Effective January 1, 2023.)
25503.29.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section allows certain retail on-sale licenses for qualifying premises tied to a motion picture or television production facility or affiliated theme park, if specified revenue, sourcing, and product-mix conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.29. (a) Nothing in this division shall prohibit the issuance, transfer, or renewal of any retail on-sale license to any person with respect to premises that are either an integral part of, or adjacent to, the operations of a motion picture or television production facility or an affiliated motion picture or television theme park, which premises are owned by, or operated by or on behalf of, the licensee, notwithstanding that a manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, or wholesaler has any interest, directly or indirectly, in the premises, in the retail license, or in the retail licensee, if all of the following conditions are met: (1) No more than 10 percent of the total gross annual revenues of the motion picture or television production facility and any affiliated theme park is derived from the sale of alcoholic beverages. (2) The retail licensee shall purchase no beer, wine, or distilled spirits for sale in this state other than from a wholesale licensee, and the retail licensee shall purchase no alcoholic beverages for sale in this state from any wholesale licensee that has any interest, directly or indirectly, in the premises, in the retail licensee, or in the retail license. (3) The retail licensee serves other brands of beer, wine, and distilled spirits in addition to the brands manufactured or distributed by the beer or distilled spirits manufacturer or produced or distributed by the winegrower which has any interest, directly or indirectly, in the premises, in the retail licensee, or in the retail license. (4) No more than 15 percent of the retail licensee’s monetary expenditures for alcoholic beverages for sale on its licensed premises in a calendar year shall be for products manufactured or distributed by the beer or distilled spirits manufacturer or produced or distributed by the winegrower which has any interest, directly or indirectly, in the premises, in the retail licensee, or in the retail license. (b) For purposes of this section: (1) “Motion picture or television production facility” means an establishment where motion pictures or television programs are produced. (2) “Motion picture or television theme park” means an establishment with not less than 25 contiguous acres, located in Los Angeles County, the predominant purpose of which is the entertainment of the public through activities related to motion pictures and television programs, that has an annual paid attendance of at least three million people. (3) “Adjacent to” means located on commonly owned property, or contiguous to, or in close proximity. (c) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests must be limited to its express terms so as not to undermine the general prohibition, and intends that this section shall be construed accordingly. (Amended by Stats. 2012, Ch. 327, Sec. 16. (SB 937) Effective January 1, 2013.)
25503.3.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol suppliers may provide hospitality, advertising, membership dues, and limited on-premises beer service to retail trade association attendees under stated conditions.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.3. (a) Notwithstanding any other provision of this division, any winegrower, beer manufacturer, brandy manufacturer, distilled spirits manufacturer, craft distiller, or distilled spirits manufacturer’s agent may, at parties held, or in hospitality rooms maintained, in conjunction with meetings, conventions, or combined conventions and trade shows of bona fide trade associations of retail licensees, serve and provide free of charge, food, alcoholic and nonalcoholic beverages, entertainment, and recreational activities to the retail licensees and their guests while attending those meetings, conventions, or combined conventions and trade shows. Additionally, any person specified in this section may pay a fee to the bona fide trade association for the privilege of providing food, alcoholic or nonalcoholic beverages, entertainment, or recreational activities, or for display booth space, as long as the fee is at the same rate charged all suppliers. (b) Any person specified in subdivision (a) may advertise in any regular publication of a bona fide trade association the members of which are food or alcoholic beverage retailers, if that publication does not advertise on behalf of, or directly benefit, any individual retail licensee. The advertising fee paid to the bona fide trade association or its agent shall be at the same rate charged all advertisers. (c) Any person specified in subdivision (a) may pay membership dues to a bona fide trade association as long as the dues are at the same rate charged all nonretail members of the association. (d) A licensed beer manufacturer or a brewpub-restaurant licensee may serve, for consumption on the premises, beer produced by the licensed beer manufacturer or brewpub-restaurant licensee to attendees at a meeting of a bona fide beer manufacturer trade association or brewers’ guild held on the premises of a licensed beer manufacturer. (Amended by Stats. 2018, Ch. 695, Sec. 7. (SB 1164) Effective January 1, 2019.)
25503.30.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section lets certain winegrowers and related persons hold interests in on-sale licenses, but only if specific conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.30. (a) Notwithstanding any other provision of this division, a winegrower or one or more of its direct or indirect subsidiaries of which the winegrower owns not less than a 51-percent interest, who manufactures, produces, bottles, processes, imports, or sells wine and distilled spirits made from grape wine or other grape products only, under a winegrower’s license or any other license issued pursuant to this division, or any officer or director of, or any person holding any interest in, those persons may serve as an officer or director of, and may hold the ownership of any interest or any financial or representative relationship in, any on-sale license, or the business conducted under that license, provided that, except in the case of a holder of on-sale general licenses for airplanes and duplicate on-sale general licenses for air common carriers, all of the following conditions are met: (1) The on-sale licensee purchases all alcoholic beverages sold and served only from California wholesale licensees. (2) The number of wine items by brand offered for sale by the on-sale licensee that are produced, bottled, processed, imported, or sold by the licensed winegrower or by the subsidiary of which the winegrower owns not less than 51 percent, or by any officer or director of, or by any person holding any interest in, those persons does not exceed 15 percent of the total wine items by brand listed and offered for sale by the on-sale licensee selling and serving that wine. Notwithstanding paragraph (1), wine sold pursuant to this provision may be purchased from a California winegrower so long as the wine purchased is produced or bottled by, or produced and packaged for, the same licensed winegrower that holds an interest in the on-sale license and such direct sales do not involve more than two on-sale licenses in which the winegrower or any person holding an interest in the winegrower holds any interest, directly or indirectly, either individually or in combination or together with each other in the aggregate. (3) None of the persons specified in this section may have any of the interests specified in this section in more than two on-sale licenses. (b) The Legislature finds that, while this section provides a limited exception for licensed winegrowers, that limited exception is granted for specific purposes, and that it is also necessary and proper that licensed winegrowers maintain the authority granted under this division to sell wine and brandy to any individual consumer or any person holding a license authorizing the sale of wine or brandy. (c) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests must be limited to their express terms so as not to undermine the general prohibition, and the Legislature intends that this section be construed accordingly. (Amended by Stats. 2000, Ch. 162, Sec. 2. Effective January 1, 2001.)
25503.31.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol licensees may make contributions to a qualifying symphony association, but only if specified nonprofit, age, event-count, license, and anti-conditioning conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.31. (a) Notwithstanding any other provision of this division, a beer manufacturer, holder of a winegrower’s license, a California winegrower’s agent, a distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, a distilled spirits manufacturer’s agent, and a licensed retailer may make monetary contributions or alcoholic beverage contributions of the type that licensee is authorized to sell to a symphony association, if all the following conditions are met: (1) The symphony association is a nonprofit charitable corporation or association exempt from payment of income taxes under the provisions of the Internal Revenue Code of the United States and Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code. (2) The symphony association has been incorporated in the City and County of San Francisco by and through its predecessor organizations for not less than 99 years and produces not less than 175 musical events open to the general public per symphony season. (3) The symphony association holds a retail on-sale license in a portion of its premises, provided that no contribution shall be used in or for the benefit of the symphony association’s retail on-sale license. (4) The contribution shall not be conditioned directly or indirectly, in any way, on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by the beer manufacturer, holder of a winegrower’s license, California winegrower’s agent, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, a distilled spirits manufacturer’s agent, or a licensed retailer by the symphony association. (b) The symphony association shall serve other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the contributing beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced or marketed by the contributing winegrower or California winegrower’s agent, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the contribution distilled spirits manufacturer or distilled spirits manufacturer’s agent. (c) For purposes of this section, “beer manufacturer” includes a holder of a beer manufacturer’s license, a holder of an out-of-state beer manufacturer’s certificate, or a holder of a beer and wine importer’s general license. (d) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests must be limited to their express terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Amended by Stats. 2013, Ch. 463, Sec. 5. (AB 1425) Effective January 1, 2014.)
25503.32.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol producers may buy advertising space and time for specific events at a qualifying opera house in Napa, but only if detailed conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.32. (a) Notwithstanding Sections 25500 and 25503, a beer manufacturer, winegrower, rectifier, distilled spirits manufacturer, craft distiller, or a distilled spirits manufacturer’s agent may purchase advertising space and time in connection with an on-sale retail licensed premises, if all the following conditions are met: (1) The on-sale retail licensed premises is operated as an integral part of an opera house that was constructed in 1880, is listed in the National Register of Historic Places, and is located in the City of Napa. (2) The administrator of the opera house is a nonprofit charitable corporation or association that is exempt from the payment of income taxes under the Internal Revenue Code of the United States and Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code. (3) The advertising space and time is purchased only in connection with specific events that are conducted by and for the benefit of the nonprofit charitable corporation or association that administers the opera house and that are open to the public. (4) All payments for the purchase of advertising space and time shall be made to the nonprofit charitable corporation or association that administers the opera house. Payments shall not be made, directly or indirectly, to the on-sale retail licensee. (5) (A) Except as provided in subparagraph (B), purchased advertising space and time shall not promote or be for the benefit of the on-sale retail licensee. (B) Purchased advertising space and time may identify the on-sale retail licensed premises for purposes of identifying the venue at which the event is being held. This identification shall be relatively inconspicuous in connection with the advertisement as a whole. (6) An agreement to purchase advertising space and time shall not require, directly or indirectly, the purchase or sale of the advertiser’s products by the on-sale retail licensee. The on-sale retail licensee shall offer for sale, in a bona fide manner, alcoholic beverages manufactured, produced, or distributed by competing licensed beer manufacturers, winegrowers, rectifiers, distilled spirits manufacturers, craft distillers, or distilled spirits manufacturer’s agents. (b) Advertising space and time purchased pursuant to this section may be included in printed programs for the specific event and in announcements made during the event, as well as any internet, social media, or other media promotion of the event. The advertising may also be placed on or in the on-sale retail licensed premises, or on or in unlicensed areas within the opera house operated by the on-sale retail licensee, only during the time the specific event is taking place. (c) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests must be limited to their express terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Amended by Stats. 2020, Ch. 370, Sec. 18. (SB 1371) Effective January 1, 2021.)
25503.33.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Beer manufacturers and winegrowers may fund a retail on-sale licensee only if specific fair-related conditions are met, and the funding must be under a written contract.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.33. (a) Notwithstanding any other provision of this division, a beer manufacturer or winegrower may provide sponsorship funds for or on behalf of a retail on-sale licensee provided each of the following conditions are met: (1) The on-sale licensee is the owner and manager of outdoor fairs in northern and southern California which have a history-based theme and operate for 6 to 12 weekends in either or both venues and, excluding rain-outs, have an average daily attendance exceeding 10,000 persons. (2) The sponsorship funds will be provided and used only in connection with specific programs or activities at the outdoor fairs described in paragraph (1). (3) The sponsorship funds are to sponsor the following programs or activities only: (i) Signing program for the deaf. (ii) Docent program for the disabled. (iii) Public school history program. (iv) Scholarships and honoraria for the students of the College of Performing Arts. (v) Contests involving sports, cooking, brewing, costumes, and other skills related to arts and sciences. (vi) Equestrian exhibits and tournaments. (4) The on-sale licensee serves other brands of beer or wine in addition to the brand manufactured by the beer manufacturer or produced by the winegrower providing sponsorship funds. (b) Any provision of sponsorship funds pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer or winegrower and the on-sale licensee. (c) Any beer manufacturer or winegrower who, through coercion or other illegal means, induces a beer or wine wholesaler to fulfill those contractual obligations entered into pursuant to subdivision (a), is guilty of a misdemeanor and is punishable by imprisonment in a county jail not exceeding six months, or by a fine in an amount equal to the entire value of the sponsorship funds involved in the contract, plus ten thousand dollars ($10,000), or by both that imprisonment and fine. This person shall also be subject to license revocation pursuant to Section 24200. (d) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests must be limited to its express terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Added by Stats. 1996, Ch. 638, Sec. 1. Effective January 1, 1997.)
25503.34.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol license holders may donate wine, beer, or spirits and make monetary contributions to a specified complex if the listed conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.34. (a) A holder of a winegrower’s license, a beer manufacturer as defined in subdivision (d), a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may donate wine, beer, or spirits, and make monetary contributions to a complex dedicated to the presentation of live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events or performances, if all of the following conditions are met: (1) The permanent retail on-sale licensee in the complex is a nonprofit charitable corporation or association exempt from payment of income taxes under the provisions of the Internal Revenue Code and Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code. (2) The complex is of not more than 50 acres located on the campus of, and owned by, Sonoma State University dedicated to presenting live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances with venues that include a concert hall with a seating capacity of approximately 1,500 seats, a second concert hall with a seating capacity of up to 300 seats, an outdoor area with a seating capacity of up to 5,000 seats, and a further outdoor area with a seating capacity of up to 10,000 seats. (3) The complex has a permanent retail on-sale license that is a long-term tenant of the complex. (4) The donation or monetary contribution shall not be conditioned directly or indirectly, in any way, on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by the holder of a winegrower’s license, the beer manufacturer, the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent by the licensee of the complex. (5) The permanent retail on-sale licensee in the complex shall: (A) Serve other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by a contributing beer manufacturer. (B) Serve other brands of wine distributed by a competing wine wholesaler in addition to the brand produced or distributed by a contributing winegrower. (C) Serve other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the contributing distilled spirits manufacturer or distilled spirits manufacturer’s agent. (6) Except as provided in paragraph (7), donated wine, beer, or spirits shall not be used or sold by the permanent retail licensee and a monetary contribution shall not be used in, or for the benefit of, the permanent retail on-sale licensee. (7) Donated wine, beer, or spirits may only be used or sold in connection with fundraising activities held on or off the permanent licensed premises. Fundraising activities held in any area included in the licensed premises during which donated wine, beer, or spirits is used or sold shall not take place at the complex while the permanent retail licensee is exercising its license privileges and shall only be conducted pursuant to a temporary license issued by the department, provided however, that the permanent licensee shall surrender its license during the fundraising only for those areas of the complex where the fundraising activities are being presented and may continue to operate under its permanent license in other areas covered by the license where the fundraising is not taking place. (b) The complex may acknowledge and thank a donating winegrower, beer manufacturer as defined in subdivision (d), distilled spirits rectifier, distilled spirits manufacturer, or distilled spirits manufacturer’s agent in the complex’s event programs, on the complex’s Internet Web site, and on stage at the permanent licensed premises during an event or performance. (c) The Legislature finds that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition and intends that this section be construed accordingly. (d) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. (Added by Stats. 2015, Ch. 315, Sec. 2. (SB 462) Effective September 21, 2015.)
25503.35.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol manufacturers and related agents may buy advertising space and time for a qualifying special on-sale retail licensed premises, if the listed theater, seating, location, contract, and non-coercion conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.35. (a) Notwithstanding Sections 25500 and 25503, a beer manufacturer, winegrower, rectifier, distilled spirits manufacturer, craft distiller, or a distilled spirits manufacturer’s agent may purchase advertising space and time in connection with a special on-sale retail licensed premises, if all of the following conditions are met: (1) The on-sale retail licensed premises is a for-profit theater licensed with a special on-sale general license pursuant to Section 24045.75. (2) The on-sale retail licensed premises is configured with theatrical seating of at least 1,600 seats but no more than 2,400 seats. (3) The on-sale retail licensed premises is a historic theater that is located in the City and County of San Francisco, that was built prior to 1927, and that is either within a historic district as designated by the National Register of Historic Places or is designated as a Landmark by the San Francisco Historic Preservation Commission. (4) All payments for the purchase of advertising space and time shall be made pursuant to a written contract with the owner of the theater, the licensee, or the long-term tenant, as appropriate. (5) No agreement for advertising authorized by this section shall be contingent upon or otherwise require, directly or indirectly, implicitly or explicitly, the retail licensee to purchase or sell any alcoholic beverages or other products produced, manufactured, imported, distributed, or otherwise represented by the purchaser of the advertising space and time. The special on-sale general licensee shall offer for sale, in a bona fide manner, alcoholic beverages manufactured, produced, or distributed by competing licensed beer manufacturers, winegrowers, rectifiers, distilled spirits manufacturers, craft distillers, or distilled spirits manufacturer’s agents. (6) Advertising space and time purchased pursuant to this section may be included in printed programs for specific theatrical performances and in announcements made during the theatrical performances, as well as any internet, social media, or other media promotion of the specific theatrical performance. The advertising may also be placed on or in the special on-sale general licensed premises. (b) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests must be limited to their express terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Amended by Stats. 2022, Ch. 271, Sec. 1. (AB 1323) Effective January 1, 2023.)
25503.36.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section lets an authorized licensee sponsor and buy advertising for certain events at the San Diego County Fairgrounds if stated conditions are met, but it also requires a written contract and prohibits tying the deal to alcohol purchases.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.36. (a) Notwithstanding any other provision of this division, an authorized licensee may sponsor events promoted by, and may purchase advertising space and time from, or on behalf of, a live entertainment marketing company in connection with events organized and conducted by the live entertainment marketing company on the premises of a permanent retail licensee located at the San Diego County Fairgrounds, located in the City of Del Mar in the County of San Diego, subject to all of the following conditions: (1) The live entertainment marketing company operates and promotes live artistic, musical, sports, or cultural entertainment events only. (2) The events will take place over a period of no more than four consecutive days during which approximately 100 acts will perform before approximately 20,000 or more patrons. (3) The live entertainment marketing company is a Delaware limited liability company that is under common ownership, management, or control by a private equity firm that may also have common ownership, management, or control of a licensed California winery, provided the winery represents not more than 25 percent of the assets under common ownership, management, or control by the private equity firm or its subsidiaries, and the live entertainment marketing company exercises no control over the operations of the winery. Any authorized licensee sponsoring an event or purchasing advertising space or time, pursuant to this section, shall obtain written verification of compliance with this subdivision prior to such sponsorship or the purchase of advertising space or time. (4) Any on-sale licensee operating at the San Diego County Fairgrounds shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler or manufacturer in addition to any brand manufactured, distributed, or owned by the authorized licensee sponsoring an event or purchasing advertising space or time pursuant to this section. (5) An agreement pursuant to this section shall not be conditioned directly or indirectly on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by any authorized licensee sponsoring or purchasing advertising space or time pursuant to this section. (b) Any sponsorship of events or purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the authorized licensee and the live entertainment marketing company. (c) Any authorized licensee who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. (d) Any on-sale retail licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit an authorized licensee to purchase advertising time or space pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. (e) Nothing in this section shall authorize the purchasing of advertising space or time directly from, or on behalf of, any on-sale licensee except as expressly authorized by this section or any other provision of this division. (f) Nothing in this section shall authorize an authorized licensee to furnish, give, or lend anything of value to an on-sale retail licensee described in subdivision (a) except as expressly authorized by this section or any other provision of this division. (g) For purposes of this section, the following definitions shall apply: (1) “Authorized licensee” means the following licensees: beer manufacturer, out-of-state beer manufacturer’s certificate, winegrower, winegrower’s agent, importer, rectifier, distilled spirits manufacturer, distilled spirits rectifier general, distilled spirits manufacturer’s agent. (2) Except for a licensee that holds only a beer and wine importer general license or a distilled spirits importer general license, “importer” does not include the holder of any importer license that does not also hold at least one other license specified as an authorized licensee. (h) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests must be limited to its expressed terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Added by Stats. 2015, Ch. 527, Sec. 1. (AB 1320) Effective October 6, 2015.)
25503.37.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section allows certain retail on-sale licenses for interactive entertainment facilities if specified separation and purchasing conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.37. (a) Nothing in this division shall prohibit the issuance, transfer, or renewal of any retail on-sale license to any person with respect to premises that are an integral part of an interactive entertainment facility and are owned directly or indirectly, in whole or in part, by, or operated by or on behalf of, the licensee, notwithstanding that a manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, or wholesaler has any interest, directly or indirectly, in the premises, in the retail license, or in the retail licensee, if all of the following conditions are met: (1) The principal business conducted within the facility is providing interactive entertainment, not the sale of alcoholic beverages. (2) Other than as permitted in Sections 23358 and 23360 with respect to wine and brandy, the retail licensee shall purchase no beer, wine, or distilled spirits for sale in this state other than from a wholesale licensee, and the retail licensee shall purchase no alcoholic beverages for sale in this state from any wholesale licensee that has any interest, directly or indirectly, in the premises, in the retail licensee, or in the retail license. (3) The retail licensee shall serve other brands of beer, wine, and distilled spirits in addition to the brands manufactured, produced, or distributed by any manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, or wholesaler which has any interest, directly or indirectly, in the premises, in the retail licensee, or in the retail license. (4) No more than 15 percent of the retail licensee’s monetary expenditures for alcoholic beverages for sale on its licensed premises in a calendar year shall be for products manufactured, produced, or distributed by any manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, or wholesaler which has any interest, directly or indirectly, in the premises, in the retail licensee, or in the retail license. (b) For purposes of this section, “interactive entertainment facility” means premises which feature interactive computer and video entertainment attractions, themed merchandise, and food and beverages. (c) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. Notwithstanding the foregoing, having considered the public welfare, the economic impact on the state, and the entirety of the circumstances involved, the Legislature further finds that the purpose and intent of the general prohibition against tied interests is not violated by granting the exception established by this section. (Amended by Stats. 2012, Ch. 327, Sec. 17. (SB 937) Effective January 1, 2013.)
25503.38.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

A beer manufacturer may sponsor or buy advertising space or time from or for an off-sale retail licensee only if several conditions are met, and the deal must be in a written contract.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.38. (a) Notwithstanding any other provision of this chapter, a beer manufacturer may sponsor or purchase advertising space and time from, or on behalf of, an off-sale retail licensee subject to all of the following conditions: (1) The off-sale retail licensee is an owner or coowner of a professional sports team. (2) The professional sports team owned or coowned by the off-sale retail licensee is a tenant of, and plays its home games in, an arena with a fixed seating capacity in excess of 10,000 seats located in San Joaquin County. (3) The advertising space or time is sponsored or purchased only in connection with the professional sports team’s events held on the premises of the arena. (4) The owner or coowner of the professional sports team does not hold or have an interest in more than two off-sale retail licenses. (b) Any sponsorship or purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, the off-sale retail licensee, and all other coowners, where applicable. (c) Any beer manufacturer who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (d) Any off-sale retail licensee described in subdivision (a) who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer to sponsor or purchase advertising time or space pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (e) Nothing in this section shall authorize the purchasing of advertising space or time from, or on behalf of, any on-sale licensee that is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or a tenant of the arena described in paragraph (2) of subdivision (a). (f) Nothing in this section shall authorize a beer manufacturer to furnish, give, or lend anything of value to an off-sale retail licensee described in subdivision (a) except as expressly authorized by this section or any other provision of this division. (g) For purposes of this section, “beer manufacturer” includes a holder of a beer manufacturer’s license, a holder of an out-of-state beer manufacturer’s certificate, or a holder of a beer and wine importer’s general license, selling beer only. (Added by Stats. 2007, Ch. 221, Sec. 1. Effective September 21, 2007.)
25503.39.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol suppliers may sponsor and buy advertising for live entertainment events only if listed conditions are met; the section also requires written contracts, bars some placements and conditions, and makes certain coercive conduct a misdemeanor.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.39. (a) Notwithstanding any other provision of this chapter, a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer’s agent may sponsor events promoted by, and may purchase advertising space and time from, or on behalf of, a live entertainment marketing company subject to all of the following conditions: (1) The live entertainment marketing company is a wholly owned subsidiary of a live entertainment company that has its principal place of business in the County of Los Angeles, whose shares of stock are sold to the general public on a national stock exchange, and also owns subsidiaries that hold on-sale retail licenses. (2) The sponsorship and the advertising space or time is purchased only in connection with the promotion of live artistic, musical, sports, or cultural entertainment events at entertainment facilities, auditoriums, or arenas that are designed and used for live artistic, musical, sports, or cultural entertainment events. (3) (A) Any on-sale licensee operating at a venue where live artistic, musical, sports, or cultural entertainment events are performed pursuant to a sponsorship described in this section or where advertising is purchased as described in this section shall serve other brands of beer, distilled spirits, and wine in addition to any brand manufactured or distributed by the sponsoring or advertising beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer’s agent. (B) Any on-sale retail licensee owned by the live entertainment company described in paragraph (1) shall serve other brands of beer, distilled spirits, and wine in addition to any brand manufactured or distributed by the sponsoring or advertising beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer’s agent. (4) (A) Advertising space or time purchased pursuant to this section shall not be placed in any on-sale licensed premises where the on-sale retail licensee is owned by the live entertainment company, or any of its subsidiaries, described in paragraph (1). (B) Sponsorship provided pursuant to this section shall not be allowed if the event or activity is held at or in any on-sale licensed premises where the on-sale retail licensee is owned by the live entertainment company, or any of its subsidiaries, described in paragraph (1). (5) An agreement for the sponsorship of, or for the purchase of advertising space and time during, a live artistic, musical, sports, or cultural entertainment event shall not be conditioned directly or indirectly, in any way, on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by the advertising or sponsoring beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer’s agent by the live entertainment company described in paragraph (1) or by any on-sale retail licensee that is owned by the live entertainment company. (b) Any sponsorship of events or purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer’s agent and the live entertainment marketing company. (c) Any beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (d) Any on-sale retail licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer’s agent to purchase advertising time or space pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (e) For purposes of this section, “beer manufacturer” includes a holder of a beer manufacturer’s license, a holder of an out-of-state beer manufacturer’s certificate, or a holder of a beer and wine importer’s general license. (f) Nothing in this section shall authorize the purchasing of advertising space or time directly from, or on behalf of, any on-sale licensee. (g) Nothing in this section shall authorize a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer’s agent to furnish, give, or lend anything of value to an on-sale retail licensee described in subdivision (a) except as expressly authorized by this section or any other provision of this division. (Added by Stats. 2007, Ch. 349, Sec. 4. Effective January 1, 2008.)
25503.4.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section lets specified wine businesses host and participate in consumer instructional events at a retailer’s premises, but it limits giveaways, sales, advertising, and alcohol consumption.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.4. (a) Notwithstanding any other provision of this division, a winegrower, California winegrower’s agent, wine importer, or any director, partner, officer, agent, or representative of that person, may conduct or participate in, and serve wine at, an instructional event for consumers held at a retailer’s premises featuring wines produced by or for the winegrower or, imported by the wine importer, subject to the following conditions: (1) No premium, gift, free goods, or other thing of value may be given away in connection with the instructional event by the winegrower, California winegrower’s agent, wine importer, or retailer, except as authorized by this division. (2) No alcoholic beverages may be given away in connection with the instructional event except that minimal amounts of wine, taken from barrels or from tanks, may be supplied and provided as samples at the instructional event. A person authorized by subdivision (a) may also provide no more than three one-ounce tastes of wine per consumer at the instructional event from bottles of wine provided by the authorized person. For purposes of this section, minimal amounts of the samples or tastes provided at the instructional event do not constitute a thing of value. Following the instructional event, any unused wine provided by the authorized person shall be removed from the retailer’s premises by the authorized person. (3) No alcoholic beverages may be sold at the instructional event, except that orders for the sale of wine may be accepted by the winegrower if the sales transaction is completed at the winegrower’s premises. (b) Notwithstanding Section 25502.2, a person identified in subdivision (a) appearing at an instructional event described in subdivision (a) may, in addition to other permitted activities, provide autographs to consumers on consumer advertising specialties given by the person to a consumer or on any item provided by a consumer. No purchase of any alcoholic beverage shall be required in connection with such autographing. (c) Notwithstanding any other provision of this division, in addition to any point-of-sale advertising or other advertising items allowed under this division or under rules of the department, a winegrower, California winegrower’s agent, or wine importer, in advance of an instructional event for consumers being held at a retailer’s premises, may list in any advertisement for the instructional event the name, address, telephone number, email address, internet website address, and any other electronic media of the retailer, the names of the wines being featured at the instructional event, pictures, illustrations, and depictions of the retailer’s premises, personnel, and customers, and the time, date, and location of, and other information about, the instructional event, provided: (1) The advertisement does not also contain the retail price of the wines. (2) The listing of the retailer’s name, address, telephone number, email address, internet website address, and any other electronic media in the advertisement, and any pictures, illustrations, or depictions, are relatively inconspicuous in relation to the advertisement as a whole. Laudatory references to the retailer in these advertisements are not authorized. Pictures, illustrations, or depictions shall be still pictures, illustrations, or depictions only and shall not include any video. The reposting of social media posts, including posts by the retailer, is permitted provided that the reposting complies with all the requirements of this section. (d) Notwithstanding any other provision of this division, the name, address, telephone number, email address, internet website address, and any other electronic media of a winegrower, wine importer, or winegrower’s agent licensee, the brand names of wine being featured, and the time, date, location, and other identifying information of a wine promotional lecture at retail premises may be listed in advance of the event in an advertisement of the off-sale or on-sale retail licensee. (e) Nothing in this section authorizes a winegrower, wine importer, or winegrower’s agent licensee to share in the costs, if any, of the retailer licensee’s advertisement. (f) Nothing in this section authorizes any person to consume any alcoholic beverage on any premises licensed with an off-sale retail license. (Amended by Stats. 2019, Ch. 257, Sec. 3. (SB 788) Effective September 5, 2019.)
25503.41.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain out-of-state winery/distilled-spirits operators may hold no more than 12 brewpub-restaurant licenses, if they meet stated location, production, and sales limits.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.41. (a) Notwithstanding any other provision of this division, any person that both operates a winery in another state and produces distilled spirits in another state may hold an interest in no more than 12 brewpub-restaurant licenses, provided that all of the following conditions are met: (1) The out-of-state distilling operations occur only on premises where the licensee also conducts brewpub-restaurant operations, and do not exceed 12,000 gallons of distilled spirits annually at any licensed location. (2) The out-of-state winery operations occur only on premises where the licensee also conducts brewpub-restaurant operations. (3) The distilled spirits and wine that are manufactured out of state by the licensee are not imported into or sold in this state. If the licensee imports beer into this state that is produced in its out-of-state brewpub, it shall do so only through a licensed beer and wine wholesaler. (b) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests must be limited to its expressed terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Added by Stats. 2008, Ch. 461, Sec. 1. Effective January 1, 2009.)
25503.42.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol manufacturers may buy indoor advertising at qualifying venues, but only under detailed conditions and without involving wholesalers in the agreement or its costs.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.42. (a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a California winegrower’s agent, a holder of a distilled spirits rectifier’s general license, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent may purchase indoor advertising space or time at a fully enclosed venue with box office sales and attendance by the public on a ticketed basis only, with a patronage capacity in excess of 2,000, but not more than 3,000, located in Los Angeles County within the area subject to the Los Angeles Sports and Entertainment District Specific Plan adopted by the City of Los Angeles pursuant to ordinance number 174225, as approved on September 6, 2001, where the owner of the venue is not the on-sale retail licensee. The purchase of the indoor advertising space or time shall be subject to all of the following conditions: (1) The indoor advertising space or time is purchased only at the venue specified in this subdivision. (2) The purchase of indoor advertising space or time shall be conducted pursuant to a written agreement entered into by the beer manufacturer, holder of a winegrower’s license, California winegrower’s agent, holder of a distilled spirits rectifier’s general license, distilled spirits manufacturer, or a distilled spirits manufacturer’s agent and the owner of the venue described in this subdivision. A holder of a wholesale license shall not be a party to the written agreement or otherwise have any direct or indirect obligations under the agreement, including an obligation to share in the costs or contribute to the costs of the indoor advertising space or time purchased pursuant to this section. (3) An agreement for the purchase of indoor advertising space or time pursuant to this section shall not be conditioned directly or indirectly, in any way, on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by the advertising beer manufacturer, holder of a winegrower’s license, California winegrower’s agent, holder of a distilled spirits rectifier’s general license, distilled spirits manufacturer, or a distilled spirits manufacturer’s agent by any on-sale retail licensee. (4) An on-sale licensee operating at a venue described in this subdivision where indoor advertising space or time is purchased shall serve other brands of beer distributed by a competing beer wholesaler in addition to the brands manufactured or marketed by the advertising beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brands produced or marketed by the advertising winegrower or California winegrower’s agent, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brands manufactured or marketed by the advertising distilled spirits manufacturer, the distilled spirits manufacturer’s agent, or a holder of a distilled spirits rectifier’s general license. (5) No more than 15 percent of the retail licensee’s monetary expenditures for distilled spirits and wine for sale on its licensed premises in any calendar year shall be for products manufactured, produced, or distributed by the holder of a winegrower’s license, California winegrower’s agent, distilled spirits manufacturer, holder of a distilled spirits rectifier’s general license, or a distilled spirits manufacturer’s agent that has purchased indoor advertising space. (b) A beer manufacturer, holder of a winegrower’s license, California winegrower’s agent, holder of a distilled spirits rectifier’s general license, distilled spirits manufacturer, or a distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in a county jail for not more than six months, or by a fine equal to the greater of an amount equal to the entire value of the advertising space or time involved in the contract or ten thousand dollars ($10,000), or by both that imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (c) An on-sale retail licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, holder of a winegrower’s license, California winegrower’s agent, holder of a distilled spirits rectifier’s general license, distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase indoor advertising time or space pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in a county jail for not more than six months, or by a fine equal to the greater of an amount equal to the entire value of the advertising space or time involved in the contract or ten thousand dollars ($10,000), or by both that imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (d) For purposes of this section, “beer manufacturer” includes a holder of a beer manufacturer’s license, a holder of an out-of-state beer manufacturer’s certificate, or a holder of a beer and wine importer’s general license. (e) Nothing in this section shall authorize the purchasing of indoor advertising space or time pursuant to subdivision (a) by any beer manufacturer, holder of a winegrower’s license, a California winegrower’s agent, a distilled spirits manufacturer, holder of a distilled spirits rectifier’s general license, or a distilled spirits manufacturer’s agent directly or indirectly from any on-sale licensee. (f) A venue owner that meets the description provided in subdivision (a) and that enters into a written agreement pursuant to this section shall obtain an annual certificate from the department. The director shall prepare, as part of the annual report required by Section 23055 for submission to the Legislature, a listing of the number of certifications made pursuant to this section or the absence of any certifications. Where there have been no certifications made pursuant to this section for two consecutive years, this information shall be included in the report. (g) The Legislature finds that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests shall be limited to its express terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Amended by Stats. 2012, Ch. 327, Sec. 18. (SB 937) Effective January 1, 2013.)
25503.45.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain beer manufacturers and related persons may instruct consumers at authorized on-sale retail premises, and limited event advertising is allowed, but there are restrictions on ad content and no alcoholic beverage may be given away.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.45. (a) Notwithstanding any other provision of this division, a licensed beer manufacturer or a holder of beer and wine importer’s general license, or any director, partner, officer, agent, or representative of that person, may instruct consumers at an on-sale retail licensed premises authorized to sell its product with the permission of the on-sale retail licensee. The instruction may include serving beer sold by the on-sale retail licensee to the consumer and providing information on the history, nature, values, and characteristics of the beer, and methods of presenting and serving the beer. Orders for the sale of beer may be accepted by the beer manufacturer conducting an instructional event if the sales transaction is completed at the beer manufacturer’s licensed premises. (b) A person authorized by subdivision (a), in advance of an authorized instructional event, may list in an advertisement the name and address of the on-sale retail licensee, the names of the beers being featured at the instructional event, and the time, date, and location of, and other information about, the instructional event, subject to the following limitations: (1) The advertisement does not also contain the retail price of the beers. (2) The listing of the retailer’s name and address is the only reference to the retailer in the advertisement and is relatively inconspicuous in relation to the advertisement as a whole. Pictures or illustrations of the retailer’s premises and laudatory references to the retailer in these advertisements are not hereby authorized. (c) An on-sale retail licensee’s advertisement of an authorized instructional event may include the name, address, and brand names of the person authorized by subdivision (a), however nothing in this section allows that person to share in the costs of the on-sale retail licensee’s advertisement. (d) For purposes of this section, a licensed beer and wine wholesaler shall not be a representative of a beer manufacturer or a holder of a beer and wine importer’s general license. (e) Notwithstanding any other provision of this division, no alcoholic beverage may be given away in connection with the instructional event authorized by this section. (Added by Stats. 2010, Ch. 149, Sec. 1. (AB 2134) Effective January 1, 2011.)
25503.5.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol producers and wholesalers may provide free instruction and related materials to licensees and their employees.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.5. (a) A winegrower, beer manufacturer, or a beer and wine wholesaler may, without charge, instruct licensees and their employees, or conduct courses of instruction for licensees and their employees, on the subject of wine or beer, including, but not limited to, the history, nature, values, composition, and characteristics of wine or beer, the use of wine lists, and the methods of presenting and serving wine or beer. The winegrower, beer manufacturer, or beer and wine wholesaler may furnish wine or beer and the equipment, materials, and utensils that may be required for use in connection with the instruction or courses of instruction. (b) A craft distiller, distilled spirits manufacturer, distilled spirits manufacturer’s agent, distilled spirits general rectifier, or distilled spirits general importer may, without charge, instruct licensees and their employees, or conduct courses of instruction for licensees and their employees, on the subject of distilled spirits, including, but not limited to, the history, nature, values, and characteristics of distilled spirits, and the methods of presenting and serving distilled spirits. The craft distiller, distilled spirits manufacturer, or distilled spirits manufacturer’s agent may furnish distilled spirits and the equipment, materials, and utensils that may be required for use in connection with the instruction or courses of instruction. (c) The instruction or courses of instruction, authorized in subdivision (a) or (b), may be given at the premises of the winegrower, beer manufacturer, beer and wine wholesaler, craft distiller, distilled spirits manufacturer, distilled spirits manufacturer’s agent, distilled spirits general rectifier, distilled spirits general importer, or of a licensee, including an on-sale retail licensee, or elsewhere. (Amended by Stats. 2018, Ch. 695, Sec. 8. (SB 1164) Effective January 1, 2019.)
25503.51.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain distilled spirits businesses may give free instruction about distilled spirits and may provide related materials and equipment.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.51. (a) A distilled spirits wholesaler, rectifier, brandy manufacturer, or craft distiller may, without charge, instruct licensees and their employees, or conduct courses of instruction for licensees and their employees, on the subject of distilled spirits, including, but not limited to, the history, nature, values, characteristics, and related terminology of distilled spirits, and the methods of handling, presenting, and serving distilled spirits. The distilled spirits wholesaler, rectifier, brandy manufacturer, or craft distiller may furnish distilled spirits and the equipment, materials, and utensils that may be required for use in connection with the instruction or courses of instruction. (b) The instruction or courses of instruction, authorized pursuant to subdivision (a), may be given at the premises of the distilled spirits wholesaler, rectifier, brandy manufacturer, or craft distiller, or of a licensee, including an on-sale retail licensee, or elsewhere. (Amended by Stats. 2020, Ch. 178, Sec. 1. (SB 432) Effective September 25, 2020.)
25503.55.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section lets certain beer businesses teach consumers about beer and serve limited beer tastes, but it sets strict limits on where, how, and how often the instruction and tasting can happen.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.55. (a) A beer manufacturer, a licensed beer and wine importer general, or a licensed beer and wine wholesaler may instruct consumers or conduct courses of instruction for consumers, on the subject of beer, including, but not limited to, the history, nature, values, and characteristics of beer, and the methods of presenting and serving beer. A beer manufacturer, a licensed beer and wine importer general, or a licensed beer and wine wholesaler may conduct such instructions at the premises of a retail on-sale licensee authorized to sell beer. (b) The instruction of consumers regarding beer may include the furnishing of tastes of beer to an individual of legal drinking age. Beer tastes at any individual course of instruction shall not exceed eight ounces of beer per person, per day. The tasting portion of a course of instruction shall not exceed one hour at any individual licensed retail premises. Tastes of beer may not be served to a consumer in their original container but must be served in an individual glass or cup. (c) All tastes of beer served to a consumer as authorized in subdivision (b) shall be served only as part of the course of instruction and shall be served to the consumer by an employee of the on-sale retail licensee. (d) A beer manufacturer, a licensed beer and wine importer general, or a licensed beer and wine wholesaler may not hold more than six courses of instruction per calendar year at any individual on-sale retail licensed premises if the courses of instruction includes consumer tastes of beer. (e) (1) A representative of a beer manufacturer, a licensed beer and wine importer general, or a licensed beer and wine wholesaler, except as provided in paragraph (2), must be present and authorize any tastes of beer conducted at an on-sale retail licensed premises pursuant to this section. The representative shall be responsible for paying the retailer for the tastes of beer served at any course of instruction. Such payment shall not exceed the retail price of the beer. (2) For purposes of this subdivision, a licensed beer and wine wholesaler shall not be a representative of a beer manufacturer or a licensed beer and wine importer general. (f) No on-sale retail licensee shall require one or more courses of instruction pursuant to this section as a requirement to carry a brand or brands of any beer manufacturer, licensed beer and wine importer general, or licensed beer and wine wholesaler. (g) No premium, gift, free goods, or other thing of value may be given away in connection with an authorized course of instruction that includes beer tastes, except as authorized by this division. Failure to comply with the provisions of this section shall be presumed to be a violation of Section 25500. (h) A retail licensee may advertise the instructional tasting event using interior signs visible only within the establishment. (i) (1) A beer manufacturer, a licensed beer and wine importer general, and a licensed beer and wine wholesaler shall maintain an individual record of each course of instruction involving tastes of beer for three years. (2) Records shall include the date of the tasting, the name and address of the retail licensee, and the brand, quantity, and payment made for the beer furnished by the beer manufacturer, the licensed beer and wine importer general, or the licensed beer and wine wholesaler. (Added by Stats. 2006, Ch. 670, Sec. 1. Effective January 1, 2007.)
25503.56.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section allows certain licensed parties to conduct instructional tasting events for wine, beer, or distilled spirits, but only within detailed limits on who may serve, how much may be served, advertising, and event conditions.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.56. (a) An authorized licensee, or a designated representative of an authorized licensee acting as an agent of the authorized licensee, may conduct, on the area specified by paragraph (1) of subdivision (c) of Section 23396.6, an instructional tasting event for consumers on the subject of wine, beer, or distilled spirits, including, but not limited to, the history, nature, values, and characteristics of wine, beer, or distilled spirits, and the methods of presenting and serving wine, beer, or distilled spirits. (1) (A) Except as provided in subparagraph (B), the instructional tasting event may include the serving of alcoholic beverages to an attendee of legal drinking age. An instructional tasting event on the subject of wine or distilled spirits shall be limited to not more than three tastings per person per day. A single tasting of distilled spirits shall not exceed one-fourth of one ounce and a single tasting of wine shall not exceed one ounce. An instructional tasting event on the subject of beer shall be limited to not more than the tasting of eight ounces of beer per person per day. The wine, beer, or distilled spirits tasted shall be limited to the products that are authorized to be sold by the authorized licensee and the licenseholder under its off-sale license. (B) A beer and wine wholesaler may conduct an instructional tasting event but shall not serve tastes of beer unless the beer and wine wholesaler also holds a beer manufacturer’s license, an out-of-state beer manufacturer’s certificate, or more than six distilled spirits wholesaler’s licenses. (C) No charge of any sort shall be made for the tastings. Except for the purposes of Section 23985, the serving of tastings shall not be deemed a sale of products pursuant to this division. (D) A person under 21 years of age shall not serve wine, beer, or distilled spirits at the instructional tasting event. (E) All tastes shall be served by an employee of the authorized licensee, the designated representative of the authorized licensee, or by an employee of the designated representative of the authorized licensee. (F) An authorized licensee, or a designated representative of an authorized licensee, shall either supply the wine or distilled spirits to be tasted during the instructional tasting event or purchase the wine or distilled spirits from the licenseholder at the original invoiced cost. An authorized licensee, or a designated representative of an authorized licensee, shall purchase beer to be tasted during the instructional tasting event from the licenseholder at the original invoiced cost. (G) Any unused wine, beer, or distilled spirits remaining from the tasting shall be removed from the off-sale licensed premises by the authorized licensee or its designated representative. (2) If the instructional tasting event is conducted by a designated representative of an authorized licensee, the designated representative shall not be owned, controlled, or employed directly or indirectly by the licenseholder on whose premises the instructional tasting event is held. (3) An instructional tasting event shall be limited to a single type of alcoholic beverage. For purposes of this paragraph, “type of alcoholic beverage” means distilled spirits, wine, or beer. (b) For purposes of this section: (1) “Authorized licensee” means a winegrower, California winegrower’s agent, beer and wine importer general, beer and wine wholesaler, wine rectifier, craft distiller, distilled spirits manufacturer, distilled spirits manufacturer’s agent, distilled spirits importer general, distilled spirits rectifier, distilled spirits general rectifier, rectifier, out-of-state distilled spirits shipper’s certificate holder, distilled spirits wholesaler, brandy manufacturer, brandy importer, California brandy wholesaler, beer manufacturer, or an out-of-state beer manufacturer certificate holder. “Authorized licensee” shall not include an entity that solely holds a combination of a beer and wine wholesale license and an off-sale beer and wine retail license or holds those licenses solely in combination with any license not listed in this paragraph, or holds a limited off-sale retail wine license. (2) “Licenseholder” means an off-sale retail licensee issued an instructional tasting license pursuant to Section 23396.6. (3) “Location” means the total contiguous area encompassed by the off-sale and on-sale licenses. (c) Notwithstanding subparagraph (E) of paragraph (1) of subdivision (a), a licenseholder may conduct an instructional tasting event that includes the serving of tastings only when an authorized licensee or its designated representative are unable to conduct an instructional tasting event previously advertised pursuant to this section and scheduled by the authorized licensee or its designated representative, provided that the licenseholder supplies the wine, beer, or distilled spirits used in the instructional tasting event and provides or pays for a person to serve the wine, beer, or distilled spirits. Instructional tasting events conducted by a licenseholder pursuant to this subdivision are subject to the provisions of this section and Section 23396.6. (d) No more than one authorized licensee, or its designated representative, may conduct an instructional tasting event that includes the serving of tastes of wine, beer, or distilled spirits at any one individual licensed premises of a licenseholder per day. (e) A licenseholder that also holds an on-sale beer and wine license, an on-sale beer and wine eating place license, or an on-sale general license shall not allow an authorized licensee, or its designated representative, to conduct an instructional tasting event on the same day and at the same location as any instructional tasting event held pursuant to subdivision (b) of Section 23386, Section 25503.4, subdivision (c) of Section 25503.5, or Section 25503.55. (f) A licenseholder shall not condition the allowance of an instructional tasting event upon the use of a particular designated representative of an authorized licensee. (g) In addition to any point-of-sale advertising or other advertising items allowed under this division or under rules of the department, an authorized licensee or its designated representative, in their absolute discretion and with permission of the licenseholder upon whose premises the instructional tasting event will be held, may list in any advertisement to the general public for the instructional tasting event the name, address, telephone number, email address, internet website address, and any other electronic media of the licenseholder, the names of the alcoholic beverages being featured at the instructional tasting event, pictures, illustrations, and depictions of the retailer’s premises, personnel, and customers, and the time, date, and location of, and other information about, the instructional tasting event, provided that both of the following apply: (1) The advertisement does not contain the retail price of the alcoholic beverages. (2) The listing of the licenseholder’s name, address, telephone number, email address, internet website address, and any other electronic media in the advertisement, and any pictures, illustrations, or depictions, are relatively inconspicuous in relation to the advertisement as a whole. Laudatory references to the licenseholder in these advertisements are not authorized. Pictures, illustrations, or depictions shall be still pictures, illustrations, or depictions only and shall not include any video. The reposting of social media posts, including posts by the retailer, is permitted provided that the reposting complies with all the requirements of this section. Nothing in this section shall authorize an authorized licensee or its designated representative to share in the costs, if any, of the licenseholder. (h) A licenseholder may advertise an instructional tasting event to the general public. The costs of this advertising shall be borne solely by the licenseholder. Advertising permitted by this subdivision includes flyers, newspaper ads, internet communications, and interior signage. (i) Except as otherwise provided in this division or rules of the department, no premium, gift, free goods, or other thing of value shall be given away by an authorized licensee or its designated representative in connection with an instructional tasting event that includes tastings of an alcoholic beverage. (j) The licenseholder or the authorized licensee or its designated representative is authorized to perform setup and breakdown of the instructional tasting event area. The authorized licensee or its designated representative may provide, free of charge to the licenseholder, the equipment, materials, and utensils as may be required for use in connection with the instructional tasting event. (k) (1) A licenseholder shall not require, or enter into a collusive scheme with, an authorized licensee or its designated representative to conduct one or more instructional tasting events as a condition of the licenseholder’s carrying or continuing to carry a brand or brands of the authorized licensee or as a condition for display or other merchandising plan which is based on an agreement to provide shelf space. An authorized licensee or its designated representative shall not require any preferential treatment or benefit from, or enter into a collusive scheme with, a licenseholder as a condition of conducting one or more instructional tasting events, require a licenseholder to carry or continue to carry a brand or brands of the authorized licensee as a condition of conducting one or more instructional tasting events, or condition display or other merchandising plans that are based on agreements for the provision of shelf space on the conducting of one or more instructional tasting events. Any agreement, whether written or oral, entered into by and between a licenseholder and an authorized licensee or its designated representative that precludes the conducting of instructional tasting events on the premises of the licenseholder by any other authorized licensee is prohibited. A licenseholder or authorized licensee, or its designated representative, shall not use an instructional tasting event to circumvent any other requirements of this division. (2) In addition to any other remedies available under this division, upon a finding by the department of a failure to comply with this subdivision, the department shall suspend the instructional tasting license of the licenseholder and the privilege of the authorized licensee to conduct instructional events for not less than six months but for no more than one year. (l) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests must be limited to its express terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Amended by Stats. 2019, Ch. 257, Sec. 4. (SB 788) Effective September 5, 2019.)
25503.57.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

An authorized licensee or its designated representative may instruct consumers at an on-sale retail licensed premises, but only with the retail on-sale licensee’s permission and subject to limits on tastings, beverage amounts, advertising, and cost-sharing.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.57. (a) (1) An authorized licensee, or its designated representative, may instruct consumers at an on-sale retail licensed premises authorized to sell its product with the permission of the retail on-sale licensee. The instruction may include, without limitation, the history, nature, values, and characteristics of the wine or distilled spirits and the methods of presenting and serving the wine or distilled spirits. (2) The instruction of consumers may include the furnishing of not more than three tastings to any individual in one day. A single tasting of distilled spirits may not exceed one-fourth of one ounce and a single tasting of wine may not exceed one ounce. (3) The authorized licensee, or its designated representative, shall either supply the wine or distilled spirits to be tasted during the instructional tasting event or purchase the wine or distilled spirits from the retail on-sale licensee at the original invoiced cost. (4) The authorized licensee, or its designated representative, shall remove any unfinished alcoholic beverages that were supplied by the authorized licensee, or its designated representative, following the instruction. (5) Nothing in this subdivision shall limit the giving away of samples pursuant to subdivision (a) of Section 23386. (b) For purposes of this section, “authorized licensee” means a winegrower, California winegrower’s agent, beer and wine importer general, beer and wine wholesaler, wine rectifier, craft distiller, distilled spirits manufacturer, distilled spirits manufacturer’s agent, distilled spirits importer general, distilled spirits rectifier, distilled spirits general rectifier, rectifier, out-of-state distilled spirits shipper’s certificate holder, distilled spirits wholesaler, brandy manufacturer, brandy importer, or California brandy wholesaler. “Authorized licensee” shall not include any person that solely holds a combination of a beer and wine wholesaler license and an off-sale beer and wine retail license or holds those licenses solely in combination with any license not listed in this paragraph, or in combination with a beer and wine importer general license, or holds a limited off-sale retail wine license. (c) Except as otherwise provided in this division or by the rules of the department, no premium, gift, free goods, or other thing of value shall be given away by an authorized licensee or its designated representative in connection with an instructional tasting event conducted pursuant to this section that includes tastings of wine or distilled spirits. (d) In addition to any point-of-sale advertising or other advertising items allowed under this division or under rules of the department, an authorized licensee or its designated representative, in their absolute discretion and with permission of the retail on-sale licensee upon whose premises the instructional tasting event will be held, may list in any advertisement to the general public for the instructional tasting the name, address, telephone number, email address, internet website address, and any other electronic media of the on-sale retail licensee, the names of the wines or distilled spirits being featured at the instructional tasting event, pictures, illustrations, and depictions of the retailer’s premises, personnel, and customers, and the time, date, and location of, and other information about, the instructional tasting event, provided that both of the following apply: (1) The advertisement does not contain the retail price of the alcoholic beverages. (2) The listing of the licenseholder’s name, address, telephone number, email address, internet website address, and any other electronic media in the advertisement, and any pictures, illustrations, or depictions, are relatively inconspicuous in relation to the advertisement as a whole. Laudatory references to the licenseholder in these advertisements are not authorized. Pictures, illustrations, or depictions shall be still pictures, illustrations, or depictions only and shall not include any video. The reposting of social media posts, including posts by the retailer, is permitted provided that the reposting complies with all the requirements of this section. Nothing in this section shall authorize an authorized licensee or its designated representative to share in the costs, if any, of the licenseholder. (e) An on-sale retail licensee may advertise an instructional tasting event to the general public. The costs of this advertising shall be borne solely by the on-sale retail licensee. Advertising permitted by this subdivision includes flyers, newspaper ads, internet communications, and interior signage. (f) No more than one authorized licensee or its designated representative shall conduct an instructional tasting pursuant to this section at the on-sale retail licensed premises of an on-sale retail licensee at any time, and a person shall not act as the designated representative for more than one authorized licensee at that instructional tasting. (Amended by Stats. 2019, Ch. 257, Sec. 5. (SB 788) Effective September 5, 2019.)
25503.6.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol suppliers may buy advertising space or time from on-sale retail licensees only for specified venues and under listed conditions.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.6. (a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a rectifier, a craft distiller, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions: (1) The on-sale licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or the major tenant of the owner of any of the following: (A) An outdoor stadium or a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in the County of Sacramento or the County of Alameda. (B) (i) A fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in the County of Los Angeles. (ii) An outdoor stadium of at least 70,000 seats located in the County of Los Angeles operated by a joint powers authority. (C) An outdoor stadium or fully enclosed arena with a fixed seating capacity in excess of 8,500 seats located in the County of Kern. (D) An exposition park of not less than 50 acres that includes an outdoor stadium with a fixed seating capacity in excess of 8,000 seats and a fully enclosed arena with an attendance capacity in excess of 4,500 people, located in the County of San Bernardino. (E) An outdoor stadium with a fixed seating capacity in excess of 10,000 seats located in the County of Yolo. (F) An outdoor stadium and a fully enclosed arena with fixed seating capacities in excess of 10,000 seats located in the County of Fresno. (G) An athletic and entertainment complex of not less than 50 acres that includes within its boundaries an outdoor stadium with a fixed seating capacity of at least 8,000 seats and a second outdoor stadium with a fixed seating capacity of at least 3,500 seats located in the County of Riverside. (H) An outdoor stadium with a fixed seating capacity in excess of 1,500 seats located in the County of Tulare. (I) A motorsports entertainment complex of not less than 50 acres that includes within its boundaries an outdoor speedway with a fixed seating capacity of at least 25,000 seats, located in the County of San Bernardino. (J) An exposition park, owned or operated by a bona fide nonprofit organization, of not less than 400 acres with facilities including a grandstand with a seating capacity of at least 8,000 people, at least one exhibition hall greater than 100,000 square feet, and at least four exhibition halls, each greater than 30,000 square feet, located in the City of Pomona or the City of La Verne in the County of Los Angeles. (K) An outdoor soccer stadium with a fixed seating capacity of at least 25,000 seats, an outdoor tennis stadium with a fixed seating capacity of at least 7,000 seats, an outdoor track and field facility with a fixed seating capacity of at least 7,000 seats, and an indoor velodrome with a fixed seating capacity of at least 2,000 seats, all located within a sports and athletic complex built before January 1, 2005, in the City of Carson in the County of Los Angeles. (L) An outdoor professional sports facility with a fixed seating capacity of at least 4,200 seats located in the County of San Joaquin. (M) A fully enclosed arena with a fixed seating capacity in excess of 13,000 seats located in the City of Inglewood. (N) (i) An outdoor stadium with a fixed seating capacity of at least 68,000 seats located in the City of Santa Clara. (ii) A beer manufacturer, the holder of a winegrower’s license, a rectifier, a craft distiller, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, a major tenant of an outdoor stadium described in clause (i), provided the major tenant does not hold a retail license, and the advertising may include the placement of advertising in an on-sale licensed premises operated at the outdoor stadium. (O) A complex of not more than 50 acres located on the campus of, and owned by, Sonoma State University dedicated to presenting live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances with venues that include a concert hall with a seating capacity of approximately 1,500 seats, a second concert hall with a seating capacity of up to 300 seats, an outdoor area with a seating capacity of up to 5,000 seats, and a further outdoor area with a seating capacity of up to 10,000 seats. With respect to this complex, advertising space and time may also be purchased from or on behalf of the owner of the complex, a long-term tenant or licensee of the venue, whether or not the owner, long-term tenant, or licensee holds an on-sale license. (P) A fairgrounds with a horse racetrack and equestrian and sports facilities located in the County of San Diego. (Q) (i) A stadium with a fixed seating capacity of at least 70,000 seats located in the City of Inglewood and a performance venue with a seating capacity of at least 5,000 seats adjacent to the stadium. Advertising authorized by this clause may be placed in areas within the retail, entertainment, commercial, and mixed-use development which includes the stadium and performance venue, provided that the advertising shall not be placed on or in, or otherwise promote, any permanently licensed retail premises other than the stadium or performance venue. (ii) A fully enclosed arena with a seating capacity of at least 18,000 seats located in the City of Inglewood. Advertising authorized by this clause may be placed on or in the fully enclosed arena and within the perimeter of the main entry area immediately adjacent to the arena, which includes an open plaza and band shell, provided that the advertising shall not be placed on or in, or otherwise promote, any permanently licensed retail premises other than the fully enclosed arena or a permanently licensed retail premises located within the main entry area that is wholly owned by and operated by or for the owner of the arena. (R) An outdoor stadium with a fixed seating capacity of at least 40,000 seats located in the City and County of San Francisco. (S) An indoor arena with a fixed seating capacity of at least 13,000 seats located in the City and County of San Francisco. (T) An outdoor stadium with a fixed seating capacity in excess of 20,000 seats located in the City of Los Angeles. (U) An outdoor stadium with a fixed seating capacity of at least 43,000 seats located in the City of San Diego. (V) An outdoor professional sports stadium with a fixed seating capacity of at least 3,000 seats located in the City of San Jose. (W) An outdoor professional sports stadium with a fixed seating capacity of at least 15,000 seats located in the City of San Jose. (X) A fully enclosed arena with a fixed seating capacity in excess of 4,000 seats located in the City of San Jose. (Y) A fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in the County of Riverside. (Z) Any of the following facilities that are situated on the campus of San Diego State University (SDSU), including the SDSU Mission Valley site, located in the County of San Diego. (i) An outdoor multipurpose stadium with a fixed seating capacity of at least 30,000 seats. (ii) A fully enclosed arena with a fixed seating capacity in excess of 10,000 seats. (iii) An outdoor baseball stadium with a fixed seating capacity of at least 1,800 seats. (iv) An outdoor softball stadium with a fixed seating capacity of at least 300 seats. (v) An open-air amphitheater with a fixed seating capacity of at least 4,000 seats. (AA) Any of the following facilities that are situated on the campus of California Polytechnic State University, San Luis Obispo, located in the County of San Luis Obispo: (i) An outdoor stadium with a fixed seating capacity of at least 11,000 seats. (ii) A fully enclosed arena with a fixed seating capacity of at least 3,000 seats. (iii) An outdoor stadium with a fixed seating capacity of at least 3,000 seats. (iv) An outdoor stadium with a fixed seating capacity of at least 800 seats. (v) An indoor performing arts venue with two concert halls and a theater with a combined fixed seating capacity of at least 1,800 seats. (AB) Any of the following facilities that are situated on the campus of California State University, Fresno, located in the County of Fresno: (i) An outdoor stadium with a fixed seating capacity of at least 40,000 seats. (ii) An outdoor stadium with a fixed seating capacity of at least 5,000 seats. (iii) An outdoor stadium with a fixed seating capacity of at least 2,400 seats. (iv) An outdoor stadium with a fixed seating capacity of at least 2,000 seats. (AC) Any of the following facilities that are situated on the campus of California State University, Sacramento, located in the County of Sacramento: (i) An outdoor stadium with a fixed seating capacity of at least 20,000 seats. (ii) A fully enclosed arena with a fixed seating capacity of at least 1,000 seats. (iii) An outdoor stadium with a fixed seating capacity of at least 1,200 seats. (iv) An outdoor stadium with a fixed seating capacity of at least 800 seats. (v) An outdoor stadium with a fixed seating capacity of at least 1,000 seats. (AD) An outdoor stadium with a fixed seating capacity of at least 6,000 seats that is situated on the campus of California State University, Monterey Bay, located in the County of Monterey. (AE) Any of the following facilities that are situated on the campus of California State University, Fullerton, located in the County of Orange: (i) A fully enclosed arena with a fixed seating capacity of at least 4,000 seats. (ii) An outdoor stadium with a fixed seating capacity of at least 3,500 seats. (iii) An outdoor stadium with a fixed seating capacity of at least 1,000 seats. (iv) An outdoor stadium with a fixed seating capacity of at least 10,000 seats. (AF) Any of the following facilities that are situated on the campus of San Jose State University, located in the County of Santa Clara: (i) An outdoor stadium with a fixed seating capacity of at least 17,000 seats. (ii) A fully enclosed arena with a fixed seating capacity of at least 5,000 seats. (AG) Any of the following facilities that are situated on the campus of California State University, Northridge, located in the County of Los Angeles: (i) An indoor performing arts center with a fixed seating capacity of at least 1,700 seats. (ii) A fully enclosed arena with a fixed seating capacity of at least 2,000 seats. (AH) Any of the following facilities that are situated on the campus of St. Mary’s College of California, located in the County of Contra Costa: (i) A fully enclosed arena with a fixed seating capacity in excess of 3,500 seats located in the Town of Moraga. (ii) An outdoor stadium with a fixed seating capacity of at least 5,500 seats located in the Town of Moraga. (iii) An outdoor stadium with a fixed seating capacity of at least 650 seats located in the Town of Moraga. (AI) A fully enclosed arena with a fixed seating capacity in excess of 5,000 seats located in the City of Oceanside. (2) The outdoor stadium or fully enclosed arena described in paragraph (1) is not owned by a community college district. (3) The advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned by the on-sale licensee. With respect to an exposition park as described in subparagraph (J) of paragraph (1) that includes at least one hotel, the advertising space or time shall not be displayed on or in any hotel located in the exposition park, or purchased in connection with the operation of any hotel located in the exposition park. With respect to the complex described in subparagraph (O) of paragraph (1), the advertising space or time shall be purchased only in connection with live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances to be held on the premises of the complex. With respect to a fully enclosed arena described in subparagraph (X) of paragraph (1), advertising space or time shall be purchased only for interior advertising in connection with events conducted within the arena. (4) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced by the winegrower, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the rectifier, the craft distiller, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent that purchased the advertising space or time. (b) Any purchase of advertising space or time pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the rectifier, the craft distiller, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent and any of the following: (1) The on-sale licensee. (2) With respect to clause (ii) of subparagraph (N) of paragraph (1) of subdivision (a), the major tenant of the outdoor stadium. (3) With respect to subparagraphs (O), (Q), (R), (T), (Y), (Z), (AA), (AB), (AC), (AD), (AE), (AF), (AG), (AH), and (AI) of paragraph (1) of subdivision (a), the owner, a long-term tenant of the complex, or licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license. (c) Any beer manufacturer or holder of a winegrower’s license, any rectifier, any craft distiller, any distilled spirits manufacturer, or any distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill all or part of those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space, time, or costs involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (d) Any on-sale retail licensee, as described in subdivision (a), who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a rectifier, a craft distiller, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. (f) The Legislature finds that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition and intends that this section be construed accordingly. (Amended by Stats. 2024, Ch. 429, Sec. 1. (AB 3069) Effective September 22, 2024.)
25503.61.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol licensees may sponsor events and buy advertising in a specified mixed-use district, but only under detailed location, contracting, and conduct limits.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.61. (a) Notwithstanding any other provision of this chapter, a beer manufacturer, holder of a winegrower’s license, rectifier, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, craft distiller, holder of a distilled spirits rectifier’s general license, or distilled spirits manufacturer’s agent, regardless of any other licenses held by the foregoing, may sponsor events promoted by, and may purchase advertising space and time from, or on behalf of, an on-sale licensee that is the owner, operator, agent of the operator, or assignee of the operator’s advertising rights of a mixed-use district subject to all of the following conditions: (1) The owner, operator, agent of the operator, or sole assignee of the operator’s advertising rights of the mixed-use district has its principal place of business in the County of Orange. (2) The mixed-use district consists of not less than 90 acres that include office, residential, hotel, retail, dining, public gathering, and performing arts facilities, as well as a public intermodal transportation center, all of which are situated on land surrounding a fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in the County of Orange. (3) The advertising space or time is purchased only in connection with retail, dining, entertainment, and events conducted on the grounds of the mixed-use district. Nothing in this section shall authorize advertising or promoting of any retail licensee or premises other than an on-sale licensee or premises owned by the person described in paragraph (1). Nothing in this section shall authorize the placement of advertising space or time outside of the mixed-use district. (4) Any on-sale licensee, including any on-sale licensee owned by the person described in paragraph (1), operating at a venue on the grounds of the mixed-use district shall serve other brands of beer, distilled spirits, and wine in addition to any brand manufactured or distributed by the sponsoring or advertising beer manufacturer, holder of a winegrower’s license, rectifier, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, craft distiller, holder of a distilled spirits rectifier’s general license, or distilled spirits manufacturer’s agent. (5) An agreement for the sponsorship of, or for the purchase of advertising space and time in connection with, the retail, dining, entertainment, and events conducted on the grounds of the mixed-use district shall not be conditioned directly or indirectly, in any way, on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by the sponsoring or advertising beer manufacturer, holder of a winegrower’s license, rectifier, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, craft distiller, holder of a distilled spirits rectifier’s general license, or distilled spirits manufacturer’s agent, or by any on-sale retail licensee. (6) Advertising authorized by this section may be placed in areas within the mixed-use district, provided that the advertising shall not be placed on or in or otherwise promote any permanently licensed retail premises, except as authorized in subdivision (g). (7) Except as authorized in subdivision (g), a person, including the person described in paragraph (1) or any on-sale licensee owned by the person described in paragraph (1), shall not establish conditions, directly or indirectly, on any retail licensee or retail licensed business in the mixed-use district, or as a condition for any retail licensee or retail licensed business to lease, rent, or purchase property in the mixed-use district, that require or authorize the retail licensee or retail licensed business to display advertisements authorized by this section. (b) Any sponsorship of events or purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, holder of a winegrower’s license, rectifier, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, craft distiller, holder of a distilled spirits rectifier’s general license, or distilled spirits manufacturer’s agent and any of the following: (1) The person described in paragraph (1) of subdivision (a). (2) Any on-sale licensee owned by the person described in paragraph (1) of subdivision (a). (c) Any beer manufacturer, holder of a winegrower’s license, rectifier, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, craft distiller, holder of a distilled spirits rectifier’s general license, or distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to this section shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (d) Any on-sale retail licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, holder of a winegrower’s license, rectifier, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, craft distiller, holder of a distilled spirits rectifier’s general license, or distilled spirits manufacturer’s agent to purchase advertising time or space pursuant to this section shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (e) For purposes of this section, “beer manufacturer” includes a holder of a beer manufacturer’s license, holder of an out-of-state beer manufacturer’s certificate, or holder of a beer and wine importer’s general license. (f) Nothing in this section shall authorize the purchasing of advertising space or time directly from, or on behalf of, any on-sale licensee other than the person described in paragraph (1) of subdivision (a) or an on-sale licensee owned by that person. (g) Nothing in this section shall authorize the placement of advertising space or time directly in, or on the exterior of, the premises of any on-sale licensee in the mixed-use district except as follows: (1) An on-sale licensee that is wholly owned by the person described in paragraph (1) of subdivision (a). (2) (A) Subject to the limitations described in subparagraphs (B) to (E), inclusive, the lobby areas of hotels, performing arts venues, and entertainment venues, that are not owned by the person described in paragraph (1) of subdivision (a). (B) Placement of advertising space or time is not authorized in parts of a lobby area that contain a bar or restaurant. (C) Placement of advertising space or time that is customized to the particular lobby area is not authorized. (D) Placement of advertising space or time in more than one location in a lobby area is not authorized. (E) Placement of advertising space or time on a sign or other display that is not owned by the person described in paragraph (1) of subdivision (a) is not authorized. (3) The common area-facing exteriors of hotels, performing art venues, entertainment venues, and buildings with multiple tenants including an on-sale licensed premises that is not owned by the person described in paragraph (1) of subdivision (a). (4) The authorization provided by this subdivision is subject to the limitations provided in subdivisions (h) and (i). (h) Nothing in this section shall authorize a beer manufacturer, holder of a winegrower’s license, rectifier, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, craft distiller, holder of a distilled spirits rectifier’s general license, or distilled spirits manufacturer’s agent to furnish, give, or lend anything of value to an on-sale retail licensee, either directly or indirectly, other than the person described in paragraph (1) of subdivision (a) or an on-sale licensee owned by that person and except as expressly authorized by this section or this division. (i) No funds, revenue, or other consideration from any sponsorship of events or purchase of advertising space or time conducted pursuant to this section shall be furnished, given, or lent, either directly or indirectly, by the person described in paragraph (1) of subdivision (a), or by an on-sale licensee owned by that person, to any licensee other than an on-sale licensee owned by the person described in paragraph (1) of subdivision (a). (j) Nothing in this section shall be construed to limit or abrogate the provisions of Chapter 2 (commencing with Section 5200) of Division 3. (k) The Legislature finds that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition and intends that this section be construed accordingly. (Added by Stats. 2021, Ch. 309, Sec. 2. (SB 386) Effective January 1, 2022.)
25503.62.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

An authorized licensee may sponsor certain events and buy advertising tied to a Kings County wave-basin facility, but only if the listed conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.62. (a) Notwithstanding any other provision of this chapter, an authorized licensee may sponsor events promoted by, and purchase advertising space and time from or on behalf of, a company that owns a facility that includes a wave basin located in the County of Kings in connection with activities conducted on the premises of a permanent retail licensee located at the wave basin facility, if all of the following conditions are met: (1) The premises of the permanent retail licensee includes a wave basin facility with a capacity of at least 9,000 individuals located in the County of Kings. (2) The sponsorship or advertising space or time is purchased in connection with the sponsorship of activities that are held at the premises of a permanent retail licensee located at the wave basin facility. (3) Any sponsorship or purchase of advertising space or time pursuant to this subdivision shall be accomplished by a written contract entered into by the authorized licensee and a company that owns a facility that includes a wave basin in the County of Kings. (4) An agreement for advertising authorized by this subdivision shall not be contingent upon or otherwise require, directly or indirectly, implicitly or explicitly, the permanent retail licensee at the wave basin facility to purchase or sell any alcoholic beverages or other products produced, manufactured, imported, distributed, or otherwise represented by the event sponsor or purchaser of the advertising space and time. (5) The permanent retail licensee at the wave basin facility shall offer for sale, in a bona fide manner, other brands of beer, distilled spirits, and wine distributed by a competing wholesaler or manufacturer in addition to any brand manufactured, distributed, or owned by the authorized licensee sponsoring an event or purchasing advertising space or time pursuant to this subdivision. (b) For purposes of this section, the following definitions apply: (1) “Authorized licensee” means a beer manufacturer, winegrower, rectifier, wine rectifier, distilled spirits manufacturer, craft distiller, distilled spirits manufacturer’s agent, winegrower’s agent, beer and wine importer, distilled spirits importer, distilled spirits importer general, beer and wine importer general, out-of-state distilled spirits shipper certificate holder, or out-of-state beer manufacturer certificate holder. “Authorized licensee” does not include any person who holds a distilled spirits importer license or distilled spirits importer general license together with a distilled spirits wholesaler’s license, or any person who holds a beer and wine importer license or beer and wine importer general license together with a beer and wine wholesaler’s license. (2) “Wave basin” has the same meaning as defined in Section 115960.1 of the Health and Safety Code. (c) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests must be limited to their express terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Added by Stats. 2023, Ch. 471, Sec. 1. (AB 1294) Effective January 1, 2024.)
25503.63.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section allows certain alcohol licensees to sponsor events at a qualifying for-profit cemetery and buy advertising there, but only if several conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.63. (a) Notwithstanding any other provision of this chapter, a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license that does not also hold a wholesaler or retail license as an additional license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent may sponsor events promoted by, and may purchase advertising space or time from, an operator of a for-profit cemetery subject to all of the following conditions: (1) The for-profit cemetery shall be more than 100 years old, be located in, and designated a Historic-Cultural Monument by, the City of Los Angeles, have an endowment care fund and a memorial care fund that are exempt from the payment of income taxes, and hold a valid special on-sale general license for historic cemetery (Type 88). (2) The sponsorship and the advertising space or time is purchased only in connection with the promotion of live artistic, concert, musical, film screening, food, beverage, culinary, lifestyle, or other cultural events permitted at the for-profit cemetery and permitted by the local jurisdiction. (3) (A) An on-sale licensee operating at a venue where live artistic, concert, musical, film screening, food, beverage, culinary, lifestyle, or other cultural events are performed pursuant to a sponsorship or where advertising space or time is purchased shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler in addition to any brand manufactured or distributed by the sponsoring or advertising beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent. (B) An on-sale retail licensee owned by the for-profit cemetery shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler in addition to any brand manufactured or distributed by the sponsoring or advertising beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent. (4) Advertising space or time purchased shall not be placed in an on-sale licensed premises, other than where the cultural event will take place, where the on-sale retail licensee is also owned directly or indirectly by the operator of the for-profit cemetery, or any of its subsidiaries. (5) An agreement for the sponsorship of, or for the purchase of advertising space and time during, a live artistic, concert, musical, film screening, food, beverage, culinary, lifestyle, or other cultural event shall not be conditioned directly or indirectly, in any way, on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by the advertising or sponsoring beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent by the for-profit cemetery. (b) A sponsorship of events or purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent and the for-profit cemetery operator. (c) A beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. (d) A on-sale retail licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to purchase advertising time or space pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. (e) Nothing in this section shall authorize a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to furnish, give, or lend anything of value to an on-sale retail licensee described in subdivision (a) except as expressly authorized by this section or a provision of this division. (f) For purposes of this section, “beer manufacturer” includes a holder of a beer manufacturer’s license, a holder of an out-of-state beer manufacturer’s certificate, or a holder of a beer and wine importer’s license that does not also hold a wholesaler or retail license as an additional license. (Added by Stats. 2024, Ch. 137, Sec. 1. (SB 1495) Effective January 1, 2025.)
25503.7.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

A winegrower, beer manufacturer, or beer and wine wholesaler may serve food and alcoholic beverages to people attending a meeting or visiting the premises.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.7. A winegrower, beer manufacturer, or beer and wine wholesaler may serve food and alcoholic beverages to any person, including a person licensed under this division and his or her employees and representatives, who is attending a meeting held upon or who is visiting the premises of the winegrower, beer manufacturer, or beer and wine wholesaler. (Amended by Stats. 1998, Ch. 216, Sec. 1. Effective January 1, 1999.)
25503.8.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol licensees may buy advertising space or time from an on-sale retail licensee only when specific venue, event, and brand-service conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.8. (a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a California winegrower’s agent, a rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee if all of the following conditions are met: (1) The on-sale licensee is the owner of any of the following: (A) A fully enclosed auditorium or theater with a fixed seating capacity in excess of 6,000 seats, at least 60 percent of the use of which is for plays or musical concerts, not including sporting events. (B) A motion picture studio facility at which public tours are conducted for at least four million people per year. (C) A retail, entertainment development adjacent to, and under common ownership with, a theme park, amphitheater, and motion picture production studio. (D) A theme or amusement park and the adjacent retail, dining, and entertainment area located in the City of Los Angeles, Los Angeles County, or Orange County. (E) A fully enclosed theater, with box office sales and attendance by the public on a ticketed basis only, with a fixed seating capacity in excess of 6,000 seats, located in Los Angeles County within the area subject to the Los Angeles Sports and Entertainment District Specific Plan adopted by the City of Los Angeles pursuant to ordinance number 174225, as approved on September 6, 2001. (2) The advertising space or time is purchased only in connection with one of the following: (A) In the case of a fully enclosed auditorium or theater, in connection with sponsorship of plays or musical concerts to be held on the premises of the auditorium or theater owned by the on-sale licensee. (B) In the case of a motion picture studio facility, in connection with sponsorship of the public tours or special events conducted at the studio facility. (C) In the case of a retail, entertainment development, in connection with sponsorship of public tours or special events conducted at the development. (D) In the case of a theme or amusement park and the adjacent retail, dining, and entertainment area, located in the City of Los Angeles, Los Angeles County, or Orange County, in connection with daily activities and events at the theme or amusement park and the adjacent retail, dining, and entertainment area. (E) In the case of the fully enclosed theater described in subparagraph (E) of paragraph (1) of subdivision (a), in connection with events conducted at the theater. (3) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced or marketed by the winegrower or California winegrower’s agent, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits manufacturer or distilled spirits manufacturer’s agent purchasing the advertising space or time. (b) Any purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the California winegrower’s agent, the rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent, and the on-sale licensee, which contract shall not in any way involve the holder of a wholesaler’s license. (c) Any beer manufacturer, rectifier, distilled spirits manufacturer, distilled spirits manufacturer’s agent, holder of a winegrower’s license, or California winegrower’s agent, who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (d) Any on-sale retail licensee, as described in subdivision (a), who solicits or coerces, directly or indirectly, a holder of a wholesaler’s license to solicit a beer manufacturer, rectifier, distilled spirits manufacturer, or distilled spirits manufacturer’s agent, holder of a winegrower’s license, or California winegrower’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. (Amended by Stats. 2018, Ch. 483, Sec. 2. (AB 2000) Effective January 1, 2019.)
25503.85.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain beverage licensees may buy limited advertising space or time for specified sponsorship activities, but only under listed conditions. The section also forbids billboards and bench ads, requires written contracts without wholesaler involvement, and makes coercive conduct a misdemeanor with jail, fines, and possible license revocation.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.85. (a) Notwithstanding any other provision of this chapter, a beer manufacturer, distilled spirits manufacturer, distilled spirits manufacturer’s agent, holder of a winegrower’s license, or California winegrower’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee, that shall be limited to small notices, plaques, or signs that portray partial or full sponsorship or funding of educational programs, special fundraising and promotional events, improvements in capital projects, and the development of exhibits or facilities, if all of the following conditions are met: (1) The on-sale licensee is a zoo or aquarium operated by a nonprofit organization that is accredited by the American Association of Zoological Parks and Aquariums. (2) The advertising space or time is purchased only in connection with the sponsorship of activities that are held on the premises or grounds owned, leased, or controlled by the on-sale licensee. (3) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced or marketed by the winegrower or California winegrower’s agent, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits manufacturer or distilled spirits manufacturer’s agent purchasing the advertising space or time. (b) Nothing in this section shall be construed to permit the purchase of billboards or bench advertisements as “advertising space.” (c) Any purchase of advertising space or time pursuant to subdivision (a) shall be accomplished by a written contract entered into by the beer manufacturer, the distilled spirits manufacturer, the distilled spirits manufacturer’s agent, a holder of the winegrower’s license, or the California winegrower’s agent, and the on-sale licensee. That contract shall not in any way involve the holder of a wholesaler’s license. (d) Any beer manufacturer, distilled spirits manufacturer, distilled spirits manufacturer’s agent, holder of a winegrower’s license, or California winegrower’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) or (c) is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for a period not to exceed six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (e) Any on-sale licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, distilled spirits manufacturer, distilled spirits manufacturer’s agent, holder of a winegrower’s license, or a California winegrower’s agent to purchase advertising space or time shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (f) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. (Amended by Stats. 2001, Ch. 567, Sec. 12. Effective October 7, 2001.)
25503.9.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol licensees may sell or give alcohol to qualifying nonprofits at prices not tied to filed schedules, and a qualifying nonprofit with a permanent retail license may not use donated or purchased alcohol in its retail business.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25503.9. (a) Nothing in this division prohibits a winegrower, a beer and wine wholesaler that also holds an off-sale beer and wine retail license and only sells wine, or the holder of a limited off-sale retail wine license from giving or selling wine, a beer manufacturer from giving or selling beer, a craft distiller, a distilled spirits manufacturer, rectifier, or a distilled spirits manufacturer’s agent from giving or selling distilled spirits, or a distilled spirits wholesaler that also holds a beer and wine wholesaler license or importer general licensee from giving or selling beer, wine, or distilled spirits at prices other than those contained in schedules filed with the department, to any of the following: (1) A nonprofit charitable corporation or association exempt from payment of income taxes under the provisions of the Internal Revenue Code of the United States and Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code. (2) A nonprofit incorporated trade association that is exempt from payment of income taxes under the provisions of the Internal Revenue Code of the United States and Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code, and the members of which trade association are licensed under this division. However, the wine, beer, and distilled spirits shall be used solely for a convention or meeting of the nonprofit incorporated trade association. (3) A nonprofit corporation or association that is exempt from payment of income taxes under the provisions of the Internal Revenue Code of the United States and is defined as a tax exempt organization under Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701i, 23701k, 23701l, 23701r, or 23701w of the Revenue and Taxation Code. Wine, beer, and distilled spirits given or sold by a winegrower, beer manufacturer, craft distiller, distilled spirits manufacturer, distilled spirits manufacturer’s agent, distilled spirits wholesaler, or importer general licensee pursuant to this subdivision may be furnished only in connection with public service or fundraising activities including picnics, parades, fairs, amateur sporting events, agricultural exhibitions, or similar events. (4) A licensee authorized to donate or sell alcoholic beverages to a nonprofit corporation, organization, or association pursuant to this section may also provide services to and otherwise assist the corporation, organization, or association in connection with an event conducted under a temporary license issued by the department. (b) Nothing in this division prohibits a winegrower, a beer and wine wholesaler that also holds an off-sale beer and wine retail license and only sells wine, or the holder of a limited off-sale retail wine license from giving or selling wine, a beer manufacturer from giving or selling beer, a craft distiller, distilled spirits manufacturer, rectifier, a distilled spirits wholesaler, or a distilled spirits manufacturer’s agent from giving or selling distilled spirits, or a beer and wine wholesaler that also holds an importer’s license from giving or selling beer or wine at prices other than those contained in schedules filed with the department, to any of the following: (1) A nonprofit charitable corporation or association exempt from payment of income taxes under the provisions of the Internal Revenue Code of the United States and Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code. (2) A nonprofit incorporated trade association that is exempt from payment of income taxes under the provisions of the Internal Revenue Code of the United States and Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code, and the members of which trade association are licensed under this division. However, the wine, beer, and distilled spirits shall be used solely for a convention or meeting of the nonprofit incorporated trade association. (3) A nonprofit corporation or association that is exempt from payment of income taxes under the provisions of the Internal Revenue Code of the United States and is defined as a tax exempt organization under Section 23701a, 23701d, 23701e, 23701f, or 23701r of the Revenue and Taxation Code. Wine, beer, and distilled spirits given or sold by a winegrower, beer manufacturer, craft distiller, distilled spirits manufacturer, distilled spirits manufacturer’s agent, a distilled spirits wholesaler, beer and wine wholesaler, or licensed importer pursuant to this subdivision may be furnished only in connection with public service or fundraising activities including picnics, parades, fairs, amateur sporting events, agricultural exhibitions, or similar events. (c) A nonprofit corporation, organization, or association that is authorized to purchase or accept donations of alcoholic beverages pursuant to this section, and that also holds a permanent retail license issued pursuant to this division, shall not use any alcoholic beverage so purchased or donated in the exercise of any privileges or business under its permanent retail license. (Amended by Stats. 2019, Ch. 18, Sec. 1. (AB 1265) Effective June 26, 2019.)
25504.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Violating Sections 25500 to 25503 is a misdemeanor, and a retail on-sale or off-sale license holder who solicits or allows certain prohibited conduct is also guilty of a misdemeanor.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25504. Any person violating any provision of Sections 25500 to 25503, inclusive, is guilty of a misdemeanor, and any holder of any retail on-sale or retail off-sale license who solicits any such violation or accepts or permits to be accepted on his behalf and with his consent any of the prohibited matters, articles, or acts is guilty of a misdemeanor. The provisions of Sections 25500 to 25503, inclusive, do not apply to any equipment, fixtures, or supplies furnished, given, lent, or sold prior to June 13, 1935, so long as the equipment, fixtures, or supplies remain in the premises in which installed prior to that time, nor do they apply to carbonic acid gas or tapping accessories furnished to any one on-sale licensee to a limit of not exceeding a value of five dollars ($5) per tap in any one calendar year. (Amended by Stats. 1953, Ch. 1149.)
25504.5.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section says the tied-house restrictions in specified sections do not apply to occasional inspection and cleaning of taps and tapping equipment by manufacturers and wholesalers in retail on-sale premises.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25504.5. The provisions of Sections 25500 to 25503, inclusive, and of Section 25600 do not apply to the occasional inspection and cleaning by manufacturers and wholesalers of taps and tapping equipment installed in retail on-sale premises. (Amended by Stats. 2012, Ch. 367, Sec. 1. (AB 573) Effective January 1, 2013.)
25505.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

An on-sale licensee and related officers, directors, employees, or agents generally may not own or have an interest in certain other alcohol-related licenses, related businesses, or their property, subject to several exceptions.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25505. No on-sale licensee, or any officer, director, employee, or agent of that licensee, shall hold any ownership or interest, directly or indirectly, in any manufacturer’s, winegrower’s, rectifier’s, importer’s, or wholesaler’s license, the business conducted under that license, or the property used in the business. The provisions of this section shall not apply to the holding by one person of a wholesaler’s license and an on-sale license in a county with a population that does not exceed 15,000. The provisions of this section shall not apply to the financial or representative relationship between a manufacturer, winegrower, manufacturer’s agent, rectifier, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of that person, and, except as otherwise specified, a person holding only one of the following types of licenses: (a) On-sale general license for a bona fide club. (b) Club license (issued under Article 4 (commencing with Section 23425) of Chapter 3 of this division). (c) Veterans’ club license (issued under Article 5 (commencing with Section 23450) of Chapter 3 of this division). (d) On-sale license for boats, trains, sleeping cars or airplanes, except as provided in subdivision (e), where the alcoholic beverages produced or sold by that manufacturer, winegrower, manufacturer’s agent, rectifier, bottler, importer, or wholesaler or any officer, director, or agent of that person are not sold, furnished or given, directly or indirectly to the on-sale licensee. The provisions of this section shall not prohibit the leasing of property by an on-sale licensee to a manufacturer, winegrower, rectifier, importer or wholesaler provided that the lease agreement is first approved by the department. The department shall approve the lease agreement unless it finds that the rent payable is not the fair rental value of the property or that the purpose of the lease is to violate any of the provisions of this chapter. The provisions of this section shall not prohibit the holding of any ownership or interest by an on-sale licensee, or any officer, director, employee, or agent of any on-sale licensee, in any winegrower’s license, which winegrower manufactures, produces, bottles, processes, imports, or sells wine only, or in the business conducted under any winegrower’s license, provided the on-sale licensee, or the officer, director, employee, or agent thereof does not sell pursuant to that on-sale license any wine manufactured, produced, processed, imported, or sold by the licensed winegrower for so long as the holding of the ownership or interest continues. (e) Any and all of the licenses specifically enumerated, mentioned, or described in Section 25503.30, either singly or in combination. (Amended by Stats. 2010, Ch. 296, Sec. 9. (SB 1480) Effective January 1, 2011.)
25506.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

An off-sale general licensee, and its officers, directors, employees, or agents, generally may not own or have an interest in certain distilled spirits wholesaler or manufacturer businesses, property, or licenses unless authorized by this division.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25506. Except as authorized by this division, no off-sale general licensee, or any officer, director, employee, or agent of such licensee, shall hold any ownership or interest, directly or indirectly, in the business, property, or license of any distilled spirits wholesaler, rectifier, distilled spirits manufacturer, or distilled spirits manufacturer’s agent. (Added by Stats. 1953, Ch. 152.)
25507.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Section 25507 says Section 25506 does not bar certain wine or brandy licensees, and their officers, directors, or employees, from owning interests in specified distilled spirits licenses, businesses, or property.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25507. The provisions of Section 25506 do not prohibit a licensed wine grower or brandy manufacturer holding an off-sale general license permitted by Section 23362, or any officer, director, or employee of such licensee, from holding any ownership or interest in any distilled spirits manufacturer's, distilled spirits manufacturer’s agent's, rectifier's, or distilled spirits wholesaler’s license, business, or property. (Added by Stats. 1953, Ch. 152.)
25508.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain cooperative grocery members may keep or get off-sale general liquor licenses, and some must operate a bona fide retail grocery store at each licensed location.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25508. Any person who held an interest in, or was a member of, a cooperative wholesale grocery company on May 1, 1947, which cooperative holds a distilled spirits wholesaler’s license, may hold and renew his off-sale general license and may acquire an off-sale general license or licenses for bona fide retail grocery store or stores. Any person who is admitted to membership, or acquires an interest, in such a cooperative after May 1, 1947, may hold or acquire off-sale general licenses and shall operate a bona fide retail grocery store at each location at which he holds or acquires an off-sale general license. Any cooperative wholesale grocery company which held a distilled spirits wholesale license on May 1, 1937, may hold and renew the license, notwithstanding its members or some of them hold off-sale general licenses pursuant to this section. (Added by Stats. 1953, Ch. 152.)
25509.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

If a retailer does not pay for alcoholic beverages within the stated time, the supplier must start charging 1% interest-like charges and may require advance payment before further deliveries.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25509. (a) A distilled spirits manufacturer, a brandy manufacturer, a beer manufacturer, a winegrower, a wine blender, a distilled spirits rectifier, a wine rectifier, a distilled spirits wholesaler, or a beer and wine wholesaler who sold and delivered beer, wine, or distilled spirits to a retailer and who did not receive payment for that beer, wine, or distilled spirits by the expiration of the 42nd day from date of delivery shall charge the retailer 1 percent of the unpaid balance for that beer, wine, and distilled spirits on the 43rd day from date of delivery and an additional 1 percent for each 30 days thereafter. (b) A distilled spirits manufacturer, a brandy manufacturer, a beer manufacturer, a winegrower, a wine blender, distilled spirits rectifier, a wine rectifier, distilled spirits wholesaler, or beer and wine wholesaler who sold and delivered beer, wine, or distilled spirits to a retailer and who did not receive payment in full by the expiration of the 30th day from date of delivery or who has not received payment of the 1 percent charge at the expiration of the 30th day from the day the charge became due shall thereafter sell beer, wine, or distilled spirits to that retailer by receiving payment in advance of delivery until such time as all payments are received for the beer, wine, or distilled spirits sold and delivered to the said retailer more than 30 days previously. (c) The 42-day period and the 30-day period provided for in this section shall commence with the day immediately following the date of invoice and shall include all successive days including Sundays and holidays to and including the 42nd or 30th day as the case may be. When the 42nd day from date of invoice or the expiration of each additional 30-day period falls on Saturday, Sunday, or legal holiday, the next business day shall be deemed to be the expiration day. (d) All moneys received from a retailer in payment for any beer, wine, or distilled spirits sold and delivered to them shall be first applied to the payment of the oldest balance on beer, wine, or distilled spirits. All checks received for such payments shall be deposited for collection not later than the second business day following receipt of said check. A promissory note, postdated check, or check dishonored on presentation shall not be deemed payment. (e) In enacting the act that amends this section by adding this subdivision, the Legislature finds that it is necessary and proper to remove the retailer from financial or business obligations to suppliers or wholesalers by the extension of credit beyond the terms contained in this section. The Legislature further finds that the exception established by this section to the general prohibition against tied interests shall be limited to its express terms so as not to undermine the general prohibition, and intends that this section shall be construed accordingly. (f) This section shall become operative on January 1, 2026. (Repealed (in Sec. 1) and added by Stats. 2024, Ch. 426, Sec. 2. (AB 2991) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
25509.1.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Retailer-to-wholesaler payments for beer, wine, or distilled spirits must generally be made by electronic funds transfer, with limited exceptions.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25509.1. (a) Commencing January 1, 2026, and except as provided in subdivision (b) and paragraph (3) of subdivision (c), payment from a retailer licensee to a wholesaler licensee for delivery of beer, wine, or distilled spirits shall be made by electronic funds transfer in accordance with the following requirements: (1) The wholesaler licensee shall initiate the electronic funds transfer by initiating the withdrawal of funds from the retailer licensee’s bank account. (2) The electronic funds transfer shall occur by the expiration of the 30th day from the date of delivery of the beer, wine, or distilled spirits. (3) Any costs related to electronic payment services shall be paid by the party that incurred those costs. (A) Any service fees related to electronic payment transactions shall be applied in an equitable manner to each subscribing wholesaler and retailer and shall justifiably match the services they receive from the electronic payment service provider. (B) The wholesaler shall not pay, directly or indirectly, for electronic payment service fees incurred by a retailer. (C) The retailer shall not pay, directly or indirectly, for electronic payment service fees incurred by a wholesaler. (b) A payment may be made using cash, check, or money order only in the following instances: (1) If accepting payment following an electronic funds transfer of insufficient funds. (2) If the retailer licensee holds an interim operating permit pursuant to Section 24044.5 or a temporary permit pursuant to Section 24045.5. (3) During temporary service interruption of the third-party payment processor. (4) During the first 30 days following the issuance of a license to the retailer licensee. (c) (1) To maintain control of its ability to receive payment for delivery, a wholesaler licensee shall be responsible for selecting the third-party payment processor used to facilitate an electronic funds transfer pursuant to this section. The wholesaler and retailer may agree on the third-party payment processor. If the parties are unable to agree, the parties shall use the third-party payment processor used by the retailer as of July 1, 2025, to pay for wholesale alcohol purchases. If by July 1, 2025, the retailer does not use a third-party payment processor, the parties shall use the third-party payment processor selected by the wholesaler. (2) A wholesaler licensee shall not select a third-party payment processor that does not meet the requirements of this section or that requires more than 30 days’ notice from the wholesaler licensee to terminate the processor’s agreement with the wholesaler licensee. (3) Notwithstanding subdivision (a), a wholesaler may choose to accept credit card payments. If payment is made using a credit card, the retailer shall bear the cost of the transaction, so as to mitigate the value of secondary benefits realized by the retailer using the credit card. (d) A retailer shall not accept a rebate, incentive, or other thing of value from a third-party payment processor for a payment made pursuant to this section. (e) For purposes of this section, “electronic funds transfer” or “EFT” means the electronic transfer of money from one bank account to another, either within a single financial institution or across multiple institutions, via computer-based systems. (Added by Stats. 2024, Ch. 426, Sec. 3. (AB 2991) Effective January 1, 2025.)
25510.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section limits who may provide specified alcoholic beverage tapping equipment and allows suppliers to service, repair, and replace those specified items.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25510. Notwithstanding any other provision of this chapter, a manufacturer may furnish to a licensed wholesaler, and a licensed wholesaler or manufacturer may furnish to an on-sale licensee, only the following specified items of alcoholic beverage tapping equipment: kegs, tapping heads, air lines, alcoholic beverage lines, clamps, washers, coupling devices, rods, vents, valves, keg spacers, and filters for an initial installation in a new on-sale licensed account or for a changeover of equipment from one tapping system to another. A supplier may service, repair, and replace the above-specified items of alcoholic beverage tapping equipment as necessary. This section shall not permit a supplier to furnish or repair alcoholic beverage equipment not specified in this section to an on-sale licensee. Alcoholic beverage tapping equipment furnished by a supplier shall remain the property of the supplier. (Amended by Stats. 2004, Ch. 604, Sec. 1. Effective January 1, 2005.)
25511.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

A manufacturer or wholesaler may provide certain non-alcoholic equipment, fixtures, or supplies to a retailer after a natural disaster, if the retailer’s premises are in an area the Governor has proclaimed to be in disaster.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25511. Notwithstanding any other provision of this division, a manufacturer or wholesaler, or any officer, director, or agent of any of those persons may furnish, give, rent, lend, or sell, directly or indirectly, any equipment, fixtures, or supplies, other than alcoholic beverages, to a retailer whose equipment, fixtures, or supplies were lost or damaged as a result of a natural disaster and whose premises are located in an area proclaimed to be in a state of disaster by the Governor. This section does not apply to transactions that occur three months or more after the Governor proclaims an area to be in a state of disaster. Nothing in this section is intended to affect or otherwise limit Section 23104.1, 23104.2, or 23104.3. (Amended by Stats. 2012, Ch. 367, Sec. 2. (AB 573) Effective January 1, 2013.)
25512.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. )
Verify source ↗

Some on-sale licensees and related personnel may hold a limited stock interest in certain beer manufacturer corporations and may serve as directors, officers, or employees, but they must buy alcoholic beverages only from licensed wholesalers or winegrowers.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 15. Tied-House Restrictions [25500 - 25512] ( Chapter 15 added by Stats. 1953, Ch. 152. ) ## 25512. (a) Notwithstanding any other provision of this division, any licensee or officer, director, employee, or agent of a licensee that holds no more than eight on-sale licenses may also hold not more than 16.67 percent of the stock of a corporation that holds a Type 01 or Type 23 beer manufacturer license as specified in subdivision (b) of Section 23320 that are located in Sacramento, Placer, Contra Costa, San Joaquin, or Napa County, and may serve on the board of directors and as an officer or employee of that corporate licensed beer manufacturer. (b) An on-sale licensee specified in subdivision (a) shall purchase no alcoholic beverages for sale in this state other than from a licensed wholesaler or winegrower. (c) In enacting this section, the Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied-house interests must be limited to its expressed terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. (Amended by Stats. 2019, Ch. 29, Sec. 69. (SB 82) Effective June 27, 2019.)
2552.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

Applicants must verify their applications, provide required contact details, and report changes or a valid email address to the board; the board must also send specified notices about incomplete applications and further document requests.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2552. (a) Each application made pursuant to this chapter shall be verified under oath by the person required to sign the application and shall designate the name, address, and direct business telephone number of the applicant’s employee who will be responsible for handling customer inquiries and complaints with respect to the business address for which registration is applied. An applicant shall report any changes to this information in writing to the board within 14 days. (b) The applicant shall furnish such additional information or proof, oral or written, which the board may request, including information and proof relating to the provisions of Division 1.5 (commencing with Section 475). (c) The board shall promptly notify any applicant if, as of the 30th day following the submission of an application under this chapter, the application and supporting documentation are not substantially complete and in proper form. The notification shall be in writing, shall state specifically what documents or other information are to be supplied by the applicant to the board, and shall be sent to the applicant by certified, electronic, or registered mail. Within 30 days of the applicant’s submission of the requested documents or information to the board, the board shall notify the applicant by certified, electronic, or registered mail if the board requires additional documents or information. (d) An applicant for registration or renewal of registration who possesses a valid email address shall report that email address to the board at the time of application for registration or renewal. (e) For purposes of this chapter, “valid email address” has the same meaning as that term is defined in Section 3024.5. (Amended by Stats. 2025, Ch. 788, Sec. 3. (SB 776) Effective January 1, 2026.)
2552.2.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

A dispensing optician that receives a citation for an abatement order must post its notice on its website and notify certain optometrists within 10 calendar days after service.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2552.2. (a) A citation issued for an order of abatement in accordance with Sections 1399.275 and 1399.277 of Title 16 of the California Code of Regulations shall be posted on the front of the place of business of the dispensing optician. The citation shall remain posted until the violation has been corrected. The dispensing optician must also prominently post and make available its notice on any internet website it maintains that provides information about its services. (b) A dispensing optician that has been issued a citation for an order of abatement in accordance with Sections 1399.275 and 1399.277 of Title 16 of the California Code of Regulations shall notify all optometrists with which it has entered into a lease or other contract within 10 calendar days of being served with the order of abatement. (Added by Stats. 2021, Ch. 630, Sec. 43. (AB 1534) Effective January 1, 2022.)
2553.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

A registration certificate must be displayed in a conspicuous place at the certified business location, and it cannot be transferred.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2553. Each certificate of registration shall be at all times displayed in a conspicuous place at the certified place of business. The certificate shall not be transferable, but on application to the board there may be registered a change of address of the certificate. (Amended by Stats. 2021, Ch. 630, Sec. 44. (AB 1534) Effective January 1, 2022.)
2553.5.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

A registered spectacle lens dispenser may fit and adjust spectacle lenses and frames, or take facial measurements, only in specified locations, and must give patients written disclosure when doing so at a health facility or business location.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2553.5. (a) A registered spectacle lens dispenser may fit and adjust spectacle lenses and frames or take facial measurements in any of the following locations: (1) A health facility as defined in Section 1250 of the Health and Safety Code for a person admitted to that facility or an employee of that facility. (2) A business location as defined in subdivision (e) for an employee or independent contractor of the person operating the business at that location. (3) Any certified place of business pursuant to Section 2564.93. (b) A registered spectacle lens dispenser who fits and adjusts spectacle lenses at a health facility or business location shall provide to the patient written information disclosing the registrant’s regular business address, certificate of registration number, phone number, and the name and phone number of the person designated by the licensee to receive complaints and inquiries, as specified in Section 2554. (c) Nothing in this section shall be deemed to permit a registered contact lens dispenser to fit or adjust contact lenses at a health facility or at a business location, as defined in subdivision (e). (d) A registered spectacle lens dispenser may fit and adjust spectacle lenses at a health facility or at a business location, as defined in subdivision (e), only if the dispenser is in personal attendance at a certified place of business pursuant to Section 2564.93 at least 40 percent of the dispenser’s regular working hours each week. (e) “Business location” means the place at which any business employs more than 25 persons at any single business address, but shall not include a health facility, as defined in Section 1250 of the Health and Safety Code, or a certified place of business as specified in Section 2564.93. (f) This section shall not affect the requirements regarding fitting and adjusting as set forth in Sections 2559.1 and 2560. (Amended by Stats. 2025, Ch. 788, Sec. 4. (SB 776) Effective January 1, 2026.)
2553.6.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

The board must deny a registration application, and may suspend, revoke, or refuse to renew a certificate, when the prescription-filling and proprietary-interest conditions in this section are met.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2553.6. (a) The board shall deny any application for registration under this chapter if any person licensed as a physician and surgeon, for whom the applicant, in accordance with Section 2564.90, proposes to fill any prescription, has any proprietary interest, or has designated or arranged for any other person to have any proprietary interest in or with the applicant. (b) (1) The board may, in accordance with Section 2555, suspend, revoke, or refuse to renew the certificate of any individual or firm under this chapter, if such individual or firm, after the effective date of this section, fills, or has filled, while holding a certificate issued pursuant to this chapter, any prescription issued by any person licensed under Chapter 5 (commencing with Section 2000) who has any proprietary interest, or has designated or arranged for any other person to have any proprietary interest, in or with such individual or firm. (2) Such penalties shall be in addition to, and not to the exclusion of, any other remedies or penalties provided by law. (3) “Proprietary interest,” for the purposes of this section, means any membership, coownership, stock ownership, legal or beneficial interest, any other proprietary interest, or profit-sharing arrangement, designated or arranged or held, directly or indirectly in any form, in or with any individual or firm applying for registration or registered under this chapter, except stock ownership in a corporation which is listed on a stock exchange regulated by the Securities and Exchange Commission if the stock is acquired in a transaction conducted through such stock exchange. (c) This section shall apply only to a dispensing optician required to be registered pursuant to Chapter 5.5 (commencing with Section 2550) and shall not be construed to modify Section 2557, or to affect the fitting of prescription lenses by an assistant pursuant to Section 2544. (Amended by Stats. 2021, Ch. 630, Sec. 47. (AB 1534) Effective January 1, 2022.)
2553.7.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

Registrations expire if not renewed, may be renewed within three years after expiration, and become cancelled if still not renewed after three years.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2553.7. (a) Registrations shall expire at midnight on the last day of the month in which the license was issued during the second year of a two-year term if not renewed. (b) Except as otherwise provided by Section 114, any registration under this chapter may be renewed at any time within three years after its expiration by filing an application for renewal or reactivation on a form prescribed by the board, paying all accrued and unpaid renewal fees or reactivation fees as determined by the board and by paying any delinquency fees prescribed by the board. If the registration under this chapter is not renewed three years after its expiration, the registration shall be considered cancelled and may not be reinstated or renewed. (Amended by Stats. 2021, Ch. 630, Sec. 48. (AB 1534) Effective January 1, 2022.)
2554.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

Each registrant must prominently display specified consumer information at each registered location.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2554. Each registrant shall conspicuously and prominently display at each registered location the following consumer information: “Eye doctors are required to provide patients with a copy of their ophthalmic lens prescriptions as follows: Spectacle prescriptions: Release upon completion of exam. Contact lens prescriptions: Release upon completion of exam or upon completion of the fitting process. Patients may take their prescription to any eye doctor or registered dispensing optician to be filled. The California State Board of Optometry regulates optometrists and registered dispensing opticians. The California State Board of Optometry receives and investigates all consumer complaints involving the practice of optometry and registered dispensing opticians. Complaints involving a California-licensed optometrist or a registered dispensing optician should be directed to: California State Board of Optometry Department of Consumer Affairs 2450 Del Paso Road, Suite 105 Sacramento, CA 95834 Phone: 1-866-585-2666 or (916) 575-7170 Email: optometry@dca.ca.gov Internet website: www.optometry.ca.gov” (Amended by Stats. 2021, Ch. 630, Sec. 49. (AB 1534) Effective January 1, 2022.)
2555.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

The board may suspend or revoke certificates issued under this chapter, or place them on probation, for specified violations or misconduct.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2555. Certificates issued under this chapter may in the discretion of the board be suspended or revoked or subjected to terms and conditions of probation for violating or attempting to violate this chapter, Chapter 5.4 (commencing with Section 2540) or any regulation adopted under this chapter or, Chapter 5.4 (commencing with Section 2540), or Section 651, 654, or 655, or for incompetence, gross negligence, or repeated similar negligent acts performed by the registrant or by an employee of the registrant. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Amended by Stats. 2021, Ch. 630, Sec. 50. (AB 1534) Effective January 1, 2022.)
2555.1.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

The board may suspend, revoke, or refuse to issue a certificate if certain conviction-related conditions are met.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2555.1. (a) In the discretion of the board, a certificate issued under this chapter may be suspended or revoked if an individual certificate holder or persons having any proprietary interest who will engage in dispensing operations, have been convicted of a crime substantially related to the qualifications, functions, and duties of a dispensing optician. The record of conviction or a certified copy thereof shall be conclusive evidence of the conviction. (b) A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a dispensing optician is deemed to be a conviction within the meaning of this article. The board may order the certificate suspended or revoked, or may decline to issue a certificate, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. (c) The proceeding under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Amended by Stats. 2021, Ch. 630, Sec. 51. (AB 1534) Effective January 1, 2022.)
2555.5.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

The board may discipline a registrant charged with unprofessional conduct and may deny a registration application if the applicant committed unprofessional conduct.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2555.5. The board may take action against any registrant who is charged with unprofessional conduct and may deny an application for a registration if the applicant has committed unprofessional conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not limited to, all of the following: (a) Violating, attempting to violate, conspiring to violate, or directly or indirectly assisting in or abetting the violation of any provision of this chapter or any of the rules and regulations adopted by the board pursuant to this chapter. (b) Gross negligence. (c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or omissions. (d) Incompetence. (e) The commission of fraud, misrepresentation, or any act involving dishonesty or corruption that is substantially related to the qualifications, functions, or duties of a registered optician. (f) Any action or conduct that would have warranted the denial of a registration. (g) The use of advertising relating to opticianry that violates Section 651 or 17500. (h) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a health care professional license, registration, or permit by another state or territory of the United States, by any other governmental agency, or by another California health care professional licensing board. A certified copy of the decision or judgment shall be conclusive evidence of that action. (i) Procuring the registrant’s registration by fraud, misrepresentation, or mistake. (j) Making or giving any false statement or information in connection with the application for issuance of a license. (k) Conviction of a felony or of any offense substantially related to the qualifications, functions, and duties of a registered dispensing optician, in which event the record of the conviction shall be conclusive evidence thereof. (l) Administering to oneself any controlled substance or using any of the dangerous drugs specified in Section 4022, or using alcoholic beverages to the extent, or in a manner, as to be dangerous or injurious to the person applying for a license or holding a registration under this chapter, or to any other person, or to the public, or, to the extent that the use impairs the ability of the person applying for or holding a license to conduct with safety to the public the practice authorized by the license, or the conviction of a misdemeanor or felony involving the use, consumption, or self-administration of any of the substances referred to in this subdivision, or any combination thereof. (m) (1) Committing or soliciting an act punishable as a sexually related crime, if that act or solicitation is substantially related to the qualifications, functions, or duties of an optician. (2) Committing any act of sexual abuse, misconduct, or relations with a patient. The commission of and conviction for any act of sexual abuse, sexual misconduct, or attempted sexual misconduct, whether or not with a patient, shall be considered a crime substantially related to the qualifications, functions, or duties of a registrant. This paragraph shall not apply to sexual contact between any person licensed under this chapter and the registrant’s spouse or person in an equivalent domestic relationship when that registrant provides optometry treatment to the registrant’s spouse or person in an equivalent domestic relationship. (3) Conviction of a crime that requires the person to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal Code. A conviction within the meaning of this paragraph means a plea or verdict of guilty or a conviction following a plea of nolo contendere. A conviction described in this paragraph shall be considered a crime substantially related to the qualifications, functions, or duties of a registrant. (n) The failure to maintain adequate and accurate records relating to the provision of services to one’s patients. (o) Performing, or holding oneself out as being able to perform, or offering to perform, any professional services beyond the scope of the license authorized by this chapter. (p) The practice of functions defined in this chapter without a valid, unrevoked, unexpired registration. (q) The employing, directly or indirectly, of any suspended or unregistered individual to perform any work for which an optician registration is required. (r) Permitting another person to use the registration for any purpose. (s) Altering with fraudulent intent a registration issued by the board, or using a fraudulently altered license, permit, certification, or any registration issued by the board. (t) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of bloodborne infectious diseases from optician to patient, from patient to patient, or from patient to optician. In administering this subdivision, the board shall consider the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other bloodborne pathogens in health care settings. (u) Dispensing ophthalmic lenses without a current prescription. (Added by Stats. 2021, Ch. 630, Sec. 52. (AB 1534) Effective January 1, 2022.)
2555.6.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

The board may grant a probationary registration with conditions, and a registrant may not ask to change or end those conditions until one year after the probationary decision takes effect.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2555.6. (a) In addition to the board’s authority to deny an application for registration pursuant to Section 2555.5, the board, in its sole discretion, may issue a probationary registration to an applicant subject to terms and conditions, including, but not limited to, any of the following: (1) Limiting practice to a supervised, structured environment in which the registrant’s activities shall be supervised by another optician registered by the board who is in good standing and is either of the following: (A) Is registered in an equivalent class as the class the applicant is applying for registration in. (B) Is a licensed optometrist or physician and surgeon in good standing. (2) Total or partial restrictions on ophthalmic dispensing privileges. (3) Continuing medical or psychiatric treatment. (4) Ongoing participation in a specified rehabilitation program. (5) Enrollment and successful completion of a clinical training program. (6) Abstention from the use of alcohol or drugs. (7) Restrictions against engaging in certain types of optician practices. (8) Compliance with all provisions of this chapter. (9) Any other terms and conditions deemed appropriate by the board. (b) The board may modify or terminate the terms and conditions imposed on the probationary registration if the registrant petitions for modification or termination of terms and conditions of probation. A registrant shall not petition for modification or termination of terms and conditions until one year has passed from the effective date of the decision granting the probationary registration. (Added by Stats. 2025, Ch. 788, Sec. 5. (SB 776) Effective January 1, 2026.)
2556.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

Registered dispensing opticians and people holding themselves out as dispensing opticians must not advertise or furnish optometrist or physician services, directly employ those professionals for eye exams or treatment, or duplicate or change lenses without a proper prescription or order, except as authorized by Section 655.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2556. (a) Except as authorized by Section 655, it is unlawful for a registered dispensing optician or a person who engages in the business of, or holds himself or herself out to be, a dispensing optician to do any of the following: to advertise the furnishing of, or to furnish, the services of an optometrist or a physician and surgeon, to directly employ an optometrist or physician and surgeon for the purpose of any examination or treatment of the eyes, or to duplicate or change lenses without a prescription or order from a person duly licensed to issue the same. For the purposes of this section, “furnish” does not mean to enter into a landlord-tenant relationship of any kind. (b) Notwithstanding Section 125.9, the board may, by regulation, impose and issue administrative fines and citations for a violation of this section or Section 655, which may be assessed in addition to any other applicable fines, citations, or administrative or criminal actions. (Amended by Stats. 2018, Ch. 703, Sec. 22. (SB 1491) Effective January 1, 2019.)
2556.1.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

Licensed optometrists and registered dispensing opticians in a colocated setting must report the business relationship to the California State Board of Optometry. The board may inspect certain colocated premises and, if applicable, must share inspection results with the Department of Managed Health Care.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2556.1. All licensed optometrists and registered dispensing opticians who are in a colocated setting shall report the business relationship to the California State Board of Optometry, as determined by the board. The California State Board of Optometry shall have the authority to inspect any premises at which the business of a registered dispensing optician is colocated with the practice of an optometrist, for the purposes of determining compliance with Section 655. The inspection may include the review of any written lease agreement between the registered dispensing optician and the optometrist or between the optometrist and the health plan. Failure to comply with the inspection or any request for information by the board may subject the party to disciplinary action. The board shall provide a copy of its inspection results, if applicable, to the Department of Managed Health Care. (Amended by Stats. 2021, Ch. 630, Sec. 53. (AB 1534) Effective January 1, 2022.)
2556.2.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

This section limits enforcement against certain registered dispensing opticians and related employees for a stated period, creates reporting milestones for opticians or optical companies with health plans that employ optometrists, and gives the California State Board of Optometry citation and fine powers.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2556.2. (a) Notwithstanding any other law, subsequent to the effective date of this section and until January 1, 2019, any individual, corporation, or firm operating as a registered dispensing optician under this chapter before the effective date of this section, or an employee of such an entity, shall not be subject to any action for engaging in conduct prohibited by Section 2556 or Section 655 as those sections existed prior to the effective date of this bill, except that a registrant shall be subject to discipline for duplicating or changing lenses without a prescription or order from a person duly licensed to issue the same. (b) Nothing in this section shall be construed to imply or suggest that a person registered under this chapter is in violation of or in compliance with the law. (c) This section shall not apply to any business relationships prohibited by Section 2556 commencing registration or operations on or after the effective date of this section. (d) Subsequent to the effective date of this section and until January 1, 2019, nothing in this section shall prohibit an individual, corporation, or firm operating as a registered dispensing optician from engaging in a business relationship with an optometrist licensed pursuant to Chapter 7 (commencing with Section 3000) before the effective date of this section at locations registered with the Medical Board of California before the effective date of this section. (e) This section does not apply to any administrative action pending, litigation pending, cause for discipline, or cause of action accruing prior to September 1, 2015. (f) Any registered dispensing optician or optical company that owns a health plan that employs optometrists, subject to this section, shall comply with the following milestones: (1) By January 1, 2017, 15 percent of its locations shall no longer employ an optometrist. (2) By August 1, 2017, 45 percent of its locations shall no longer employ an optometrist. (3) By January 1, 2019, 100 percent of its locations shall no longer employ an optometrist. (g) Any registered dispensing optician or optical company that owns a health plan that employs optometrists shall report to the California State Board of Optometry in writing as to whether it has met each of the milestones in subdivision (f) within 30 days of each milestone. The California State Board of Optometry shall provide those reports as soon as it receives them to the director and the Legislature. The report to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. (h) (1) Notwithstanding any other law and in addition to any action available to the California State Board of Optometry, the California State Board of Optometry may issue a citation containing an order of abatement, an order to pay an administrative fine, or both, to an optical company, an optometrist, or a registered dispensing optician for a violation of this section. The administrative fine shall not exceed fifty thousand dollars ($50,000). In assessing the amount of the fine, the board shall give due consideration to all of the following: (A) The gravity of the violation. (B) The good faith of the cited person or entity. (C) The history of previous violations of the same or similar nature. (D) Evidence that the violation was or was not willful. (E) The extent to which the cited person or entity has cooperated with the board’s investigation. (F) The extent to which the cited person or entity has mitigated or attempted to mitigate any damage or injury caused by the violation. (G) Any other factors as justice may require. (2) A citation or fine assessment issued pursuant to a citation shall inform the cited person or entity that if a hearing is desired to contest the finding of a violation, that hearing shall be requested by written notice to the board within 30 days of the date of issuance of the citation or assessment. If a hearing is not requested pursuant to this section, payment of any fine shall not constitute an admission of the violation charged. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (3) The board shall adopt regulations to implement a system for the issuance of citations, administrative fines, and orders of abatement authorized by this section. The regulations shall include provisions for both of the following: (A) The issuance of a citation without an administrative fine. (B) The opportunity for a cited person or entity to have an informal conference with the executive officer of the board in addition to the hearing described in paragraph (2). (4) The failure of a licensee to pay a fine within 30 days of the date of assessment, unless the citation is being appealed, may result in disciplinary action being taken by the board. Where a citation is not contested and a fine is not paid, the full amount of the assessed fine shall be added to the fee for renewal of the license. A license shall not be renewed without payment of the renewal fee and fine. (5) Notwithstanding any other law, if a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine shall be represented as satisfactory resolution of the matter for purposes of public disclosure. (i) Administrative fines collected pursuant to this section shall be deposited in the Optometry Fund. It is the intent of the Legislature that moneys collected as fines and deposited in the fund be used by the board primarily for enforcement purposes. (Amended by Stats. 2021, Ch. 630, Sec. 54. (AB 1534) Effective January 1, 2022.)
2556.5.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

A person may not present themselves as a dispensing optician or registered dispensing optician, or use wording implying they are registered, unless they have a valid, unrevoked certificate.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2556.5. Any person who holds himself out as a “dispensing optician” or “registered dispensing optician” or who uses any other term or letters indicating or implying that he is registered and holds a certificate under the terms of this law without having at the time of so doing a valid, unrevoked certificate, as provided in this chapter, is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 1144.)
2557.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

This chapter does not apply to licensed optometrists and physicians and surgeons, except when they are exclusively filling prescriptions for physicians and surgeons. It also does not prohibit certain sales of non-prescription eyewear and ready-to-wear eyeglasses.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2557. This chapter shall not affect any person licensed as an optometrist under Chapter 7 of Division II of this code, or any physician and surgeon licensed under Chapter 5 of Division II of this code. Such exemption shall not apply to any optometrist or physician and surgeon exclusively engaged in the business of filling prescriptions for physicians and surgeons. This chapter does not prohibit the sale of goggles, sun glasses, colored glasses, or occupational protective eye devices if they do not have refractive values nor do the provisions of this chapter prohibit the sale of complete ready-to-wear eyeglasses as merchandise. (Added by Stats. 1939, Ch. 955.)
2557.1.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

The board may suspend or revoke a certificate issued to a registered spectacle or contact lens dispenser for certain violations or misconduct, including felony conviction.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2557.1. A certificate issued to a registered spectacle or contact lens dispenser may in the discretion of the board be suspended or revoked for violating or attempting to violate any provision of this chapter or any regulation adopted under this chapter, or for incompetence, gross negligence, or repeated similar negligent acts performed by the certificate holder. A certificate may also be suspended or revoked if the individual certificate holder has been convicted of a felony as provided in Section 2555.1. Any proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Added by Stats. 2021, Ch. 630, Sec. 55. (AB 1534) Effective January 1, 2022.)
2558.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

Violating any provision of this chapter is a misdemeanor punishable by jail, a fine, or both. The board may adopt, amend, or repeal regulations needed to carry out the chapter.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2558. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not less than 10 days nor more than one year, or by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000) or by both such fine and imprisonment. The board may adopt, amend, or repeal, in accordance with the Administrative Procedure Act, any regulations as are reasonably necessary to carry out this chapter. (Amended by Stats. 2016, Ch. 489, Sec. 20. (SB 1478) Effective January 1, 2017.)
2558.1.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

A registered dispensing optician may not dispense spectacle or contact lens prescriptions unless the prescription meets the cited section requirements, and may not dispense an expired spectacle lens prescription unless specifically authorized.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2558.1. A registered dispensing optician shall not dispense a spectacle lens or contact lens prescription unless the prescription meets the requirements of Section 2541.1 or 2541.2, as applicable. A registered dispensing optician shall not dispense a spectacle lens prescription after the expiration date of the prescription unless so authorized pursuant to subdivision (e) of Section 2541.1. A person violating this section shall not be guilty of a misdemeanor pursuant to Section 2558. A violation of this section shall be considered unprofessional conduct by the board. A registered dispensing optician may defend this proceeding by establishing that the expiration date of the prescription was not established consistent with Section 2541.1. Nothing in this section shall be construed to authorize a registered dispensing optician to fill a prescription after the expiration date or to make any judgment regarding the appropriateness of the expiration date. (Amended by Stats. 2025, Ch. 788, Sec. 6. (SB 776) Effective January 1, 2026.)
2558.2.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

A registered dispensing optician, corporation, or firm that willfully disregards the chapter’s provisions is guilty of a misdemeanor.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2558.2. Any individual, corporation, or firm operating as a registered dispensing optician under this chapter who demonstrates a willful disregard for the provisions of this chapter is guilty of a misdemeanor. (Added by Stats. 2021, Ch. 630, Sec. 57. (AB 1534) Effective January 1, 2022.)
2559.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. )
Verify source ↗

A superior court may issue an injunction or other appropriate order to stop conduct that violates this chapter or Chapter 5.4, when the board, Attorney General, or county district attorney applies.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1. General Provisions [2550 - 2559] ( Article 1 added by Stats. 1939, Ch. 955. ) ## 2559. Whenever any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of any provision of this chapter, or Chapter 5.4 (commencing with Section 2540), the superior court in and for the county wherein the acts or practices take place, or are about to take place, may issue an injunction, or other appropriate order, restraining such conduct on application of the board, the Attorney General, or the district attorney of the county. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2016, Ch. 489, Sec. 21. (SB 1478) Effective January 1, 2017.)
2559.1.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1.5. Spectacle Lens Dispensing [2559.1 - 2559.4] ( Article 1.5 added by Stats. 1986, Ch. 773, Sec. 12. )
Verify source ↗

An individual may fit and adjust spectacle lenses only if registered or working under the direct supervision of a registered spectacle lens dispenser, and the supervising dispenser must be physically present on the premises when an unregistered individual does the work.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1.5. Spectacle Lens Dispensing [2559.1 - 2559.4] ( Article 1.5 added by Stats. 1986, Ch. 773, Sec. 12. ) ## 2559.1. (a) An individual shall not fit and adjust spectacle lenses unless either of the following applies: (1) The individual is a duly registered spectacle lens dispenser as provided in Section 2559.2. (2) The individual is an unregistered individual who performs the fitting and adjusting under the direct responsibility and supervision of a duly registered spectacle lens dispenser whose certificate of registration is then conspicuously and prominently displayed on the premises. (b) A supervising registered spectacle lens dispenser shall be physically present on the registered premises when an unregistered individual fits and adjusts spectacle lenses. (c) The board shall not take action for a violation of subdivision (b) if either of the following apply: (1) A supervising registered spectacle lens dispenser was not physically present on the registered premises due to reasonably unanticipated circumstances, including, but not limited to, illness, injury, family emergency, or the supervising registered spectacle lens dispenser’s termination or resignation, and reasonable action was taken to have another supervising registered spectacle lens dispenser be physically present on the registered premises. (2) A supervising registered spectacle lens dispenser was not physically present due to a legally required employee meal or break period. (Amended by Stats. 2025, Ch. 788, Sec. 7. (SB 776) Effective January 1, 2026.)
2559.2.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1.5. Spectacle Lens Dispensing [2559.1 - 2559.4] ( Article 1.5 added by Stats. 1986, Ch. 773, Sec. 12. )
Verify source ↗

Applicants must apply for registration as spectacle lens dispensers, and the board must register qualified individuals, issue certificates, and set examination rules.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1.5. Spectacle Lens Dispensing [2559.1 - 2559.4] ( Article 1.5 added by Stats. 1986, Ch. 773, Sec. 12. ) ## 2559.2. (a) An individual shall apply for registration as a registered spectacle lens dispenser on forms prescribed by the board. The board shall register an individual as a registered spectacle lens dispenser upon satisfactory proof that the individual has passed the registry examination of the American Board of Opticianry or any successor agency to that board. In the event the board should determine, after hearing, that the registry examination is not appropriate to determine entry level competence as a spectacle lens dispenser or is not designed to measure specific job performance requirements, the board may thereafter prescribe or administer a written examination that meets those specifications. If an applicant for renewal has not engaged in the full-time or substantial part-time practice of fitting and adjusting spectacle lenses but has maintained their American Board of Opticianry and National Contact Lens Examiners registration or practiced within another state within the last three years then the board may require the applicant to take and pass the examination referred to in this section as a condition of registration. Any examination prescribed or administered by the board shall be given at least twice each year on dates publicly announced at least 90 days before the examination dates. The board is authorized to contract for administration of an examination. (b) The board may deny registration where there are grounds for denial under the provisions of Division 1.5 (commencing with Section 475). (c) The board shall issue a certificate to each qualified individual stating that the individual is a registered spectacle lens dispenser. (d) A registered spectacle lens dispenser is authorized to fit and adjust spectacle lenses at any place of business holding a certificate of registration under Section 2564.93 or at any location where the practice of ophthalmology or optometry is practiced. The certificate of the registered spectacle lens dispenser shall be displayed in a conspicuous place at the place of business where the registered dispenser is fitting and adjusting. (Amended by Stats. 2021, Ch. 630, Sec. 59. (AB 1534) Effective January 1, 2022.)
2559.3.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1.5. Spectacle Lens Dispensing [2559.1 - 2559.4] ( Article 1.5 added by Stats. 1986, Ch. 773, Sec. 12. )
Verify source ↗

The board may suspend or revoke a registered spectacle lens dispenser’s certificate for specified misconduct or felony conviction.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1.5. Spectacle Lens Dispensing [2559.1 - 2559.4] ( Article 1.5 added by Stats. 1986, Ch. 773, Sec. 12. ) ## 2559.3. A certificate issued to a registered spectacle lens dispenser may, in the discretion of the board, be suspended or revoked for violating or attempting to violate any provision of this chapter or any regulation adopted under this chapter, or for incompetence, gross negligence, or repeated similar negligent acts performed by the certificate holder. A certificate may also be suspended or revoked if the individual certificate holder has been convicted of a felony as provided in Section 2555.1. Any proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Amended by Stats. 2016, Ch. 489, Sec. 23. (SB 1478) Effective January 1, 2017.)
2559.4.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1.5. Spectacle Lens Dispensing [2559.1 - 2559.4] ( Article 1.5 added by Stats. 1986, Ch. 773, Sec. 12. )
Verify source ↗

This article does not apply to certain assistants fitting spectacle lenses when they work under the direct responsibility and supervision of a physician and surgeon or optometrist who fits spectacle lenses for patients.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 1.5. Spectacle Lens Dispensing [2559.1 - 2559.4] ( Article 1.5 added by Stats. 1986, Ch. 773, Sec. 12. ) ## 2559.4. This article shall not apply to an assistant fitting spectacle lenses pursuant to Section 2544 if the assistant is acting under the direct responsibility and supervision of a physician and surgeon or optometrist who engages in the practice of fitting spectacle lenses for his or her patients. (Amended by Stats. 2010, Ch. 604, Sec. 3. (AB 2683) Effective January 1, 2011.)
2560.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2. Contact Lens Dispensing [2560 - 2564.6] ( Article 2 added by Stats. 1982, Ch. 418, Sec. 8. )
Verify source ↗

An individual may not fit and adjust contact lenses unless they are a duly registered contact lens dispenser, or an unregistered person is doing so under direct supervision with the registered dispenser physically present.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2. Contact Lens Dispensing [2560 - 2564.6] ( Article 2 added by Stats. 1982, Ch. 418, Sec. 8. ) ## 2560. An individual shall not fit and adjust contact lenses, including plano contact lenses unless either of the following applies: (a) The individual is a duly registered contact lens dispenser as provided in Section 2561. (b) The individual is an unregistered individual who performs the fitting and adjusting under the direct responsibility and supervision of a duly registered contact lens dispenser who is then physically present on the registered premises. In no event shall a registered contact lens dispenser supervise more than three unregistered individuals. (Amended by Stats. 2025, Ch. 788, Sec. 8. (SB 776) Effective January 1, 2026.)
25600.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

Section 25600 generally bars licensees from giving premiums, gifts, or free goods with alcoholic beverage sales, but it sets specific exceptions and value limits for refunds, certain winegrower guarantees, charitable donations, beer advertising specialties, retailer advertising specialties, and free or discounted consumer rides.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25600. (a) (1) No licensee shall, directly or indirectly, give any premium, gift, or free goods in connection with the sale or distribution of any alcoholic beverage, except as provided by rules that shall be adopted by the department to implement this section or as authorized by this division. (2) (A) Notwithstanding paragraph (1), for purposes of this section, a refund to, or exchange of products for, a dissatisfied consumer by a licensee authorized to sell to consumers shall not be deemed a premium, gift, or free goods given in connection with the sale or distribution of an alcoholic beverage. (B) A winegrower may advertise or otherwise offer consumers a guarantee of product satisfaction only in newsletters or other publications of the winegrower or at the winegrower’s premises. A winegrower may refund to a dissatisfied consumer the entire purchase price of wine produced by that winegrower and sold to that consumer, regardless of where the wine was purchased. (3) (A) Notwithstanding paragraph (1), a winegrower, a beer manufacturer, a distilled spirits manufacturer, a craft distiller, a brandy manufacturer, a rectifier, or a wine rectifier may donate a portion of the purchase price of an alcoholic beverage to a nonprofit charitable organization in connection with the sale or distribution of an alcohol beverage, subject to all of the following limitations: (i) The donation is only in connection with the sale or distribution of alcoholic beverages in manufacturer-sealed containers. (ii) Promotion or advertisement of the donation shall not directly encourage or reference the consumption of alcoholic beverages. (iii) A donation shall not benefit a retail licensee, or benefit a nonprofit charitable organization established for the specific purpose of benefiting the employees of retail licensees and the advertisement or promotion of a donation, shall not, directly or indirectly, advertise, promote, or reference any retail licensee. This is not intended to preclude the identification of licensed retailers as permitted by Section 25500.1. (B) This paragraph shall be inoperative on January 1, 2030. (b) (1) Except as provided in paragraph (2), no rule of the department may permit a licensee to give any premium, gift, or free goods of greater than inconsequential value in connection with the sale or distribution of beer. With respect to beer, premiums, gifts, or free goods, including advertising specialties that have no significant utilitarian value other than advertising, shall be deemed to have greater than inconsequential value if they cost more than twenty-five cents ($0.25) per unit, or cost more than fifteen dollars ($15) in the aggregate for all those items given by a single supplier to a single retail premises per calendar year. (2) (A) No rule of the department may impose a dollar limit for consumer advertising specialties furnished by a beer manufacturer to the general public other than three dollars ($3) per unit original cost to the beer manufacturer who purchased it. (B) With respect to beer, a beer manufacturer may give consumer advertising specialties to the general public that do not exceed three dollars ($3) per unit original cost to the beer manufacturer who purchased it. For purposes of this paragraph, “beer manufacturer” includes a holder of a beer manufacturer’s license, a holder of an out-of-state beer manufacturer’s certificate, an out-of-state vendor that holds a certificate of compliance, or a holder of a beer and wine importer’s general license. A licensee authorized to give consumer advertising specialties pursuant to this paragraph shall not be precluded from doing so on the basis of holding any other type of alcoholic beverage license. (C) A beer manufacturer, as defined in subparagraph (B) of paragraph (2) shall not require a beer wholesaler to fund the purchase of consumer advertising specialties that beer manufacturers are permitted to give under paragraph (2). (D) Consumer advertising specialties furnished by a beer manufacturer are intended only for adults of legal drinking age. Coin banks, toys, balloons, magic tricks, miniature bottles or cans, confections, dolls, or other items that appeal to minors or underage drinkers may not be used in connection with the merchandising of beer. (c) With respect to distilled spirits and wines, a licensee may furnish, give, rent, loan, or sell advertising specialties to a retailer, provided those items bear conspicuous advertising required of a sign and the total value of all retailer advertising specialties furnished by a supplier, directly or indirectly, to a retailer do not exceed fifty dollars ($50) per brand in any one calendar year per retail premises. The value of a retailer advertising specialty is the actual cost of that item to the supplier who initially purchased it, excluding transportation and installation costs. The furnishing or giving of any retailer advertising specialty shall not be conditioned upon the purchase of the supplier’s product. Retail advertising specialties given or furnished free of charge may not be sold by the retail licensee. No rule of the department may impose a dollar limit for consumer advertising specialties furnished by a distilled spirits supplier to a retailer or to the general public of less than five dollars ($5) per unit original cost to the supplier who purchased it. A rule or decision of the department may not approve glassware as an authorized retailer advertising specialty for distilled spirits or wine under this section. (d) (1) Notwithstanding any other provision of this division, a beer manufacturer or distilled spirits manufacturer may provide directly to consumers free or discounted rides through taxicabs, transportation network companies, or any other ride service for the purpose of furthering public safety. The free or discounted rides may be provided by vouchers, codes, or any other method to deliver the free or discounted ride. A free or discounted ride, or the provision of a voucher, code, or other method of delivery, shall not be conditioned upon the purchase of an alcoholic beverage. A beer and wine wholesaler or distilled spirits importer general that holds a wholesaler’s or retailer’s license only as an additional license shall not directly or indirectly underwrite, share in, or contribute to, the costs of free or discounted rides or serve as an agent of a beer manufacturer or distilled spirits manufacturer to provide free or discounted rides to consumers. Nothing in this provision authorizes a beer manufacturer or distilled spirits manufacturer to provide a gift or anything of value directly or indirectly to a retail licensee. (2) For purposes of this section: (A) “Beer manufacturer” has the same meaning as defined in subparagraph (B) of paragraph (2) of subdivision (b). (B) “Distilled spirits manufacturer” means a distilled spirits manufacturer, holder of a distilled spirits rectifier’s general license, distilled spirits manufacturer’s agent, brandy manufacturer, holder of an out-of-state distilled spirits shipper’s certificate, holder of a distilled spirits importer general’s license, or craft distiller. (C) “Glassware” means a single-service glass container or nonglass container capable of holding no more than 23 ounces of liquid volume or a decanter, chalice, infusion jar, or similar container of any size and made of any material. (Amended by Stats. 2024, Ch. 230, Sec. 2. (AB 3285) Effective January 1, 2025.)
25600.05.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

Beer manufacturers may give limited retail advertising glassware to on-sale retail licensees, and both sides must follow charge, delivery, and recordkeeping rules.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25600.05. (a) For purposes of this section: (1) “Beer manufacturer” has the same meaning as that term is defined in subparagraph (B) of paragraph (2) of subdivision (b) of Section 25600. (2) “Case” means a box containing up to 24 pieces of glassware. (3) “Glassware” means a single-service glass container or nonglass container capable of holding no more than 23 ounces of liquid volume and which is intended for the service of beer. (4) “Retail advertising glassware” means glassware that bears conspicuous advertising of beer required of a sign. (b) Notwithstanding Section 25500, Section 25600, or any other law to the contrary: (1) A beer manufacturer, without direct or indirect charge, may give up to five cases of retail advertising glassware to an on-sale retail licensee, per licensed location, each calendar year for use at the licensed location. The giving of retail advertising glassware shall not be conditioned, directly or indirectly, upon the purchase or sale of any product, including, without limitation, any beer manufactured, produced, imported, sold, marketed, or in any other way promoted or represented by the beer manufacturer giving the retail advertising glassware. Retail advertising glassware provided pursuant to this section shall only be delivered by the beer manufacturer providing it to the licensed premises of the retailer receiving the retail advertising glassware. No more than five cases of retail advertising glassware shall be delivered by the beer manufacturer to any single on-sale retail licensed premises. (2) An on-sale retail licensee may accept, without direct or indirect charge, up to 10 cases of retail advertising glassware, per licensed location, from licensed beer manufacturers each calendar year for use at the licensed location. The on-sale retail licensee shall not sell the retail advertising glassware, give it away, or return it to a manufacturer for cash, credit, or replacement. The on-sale retail licensee shall not condition the purchase of a beer manufacturer’s product or products on the giving of retail advertising glassware by that beer manufacturer. (c) A beer wholesaler shall not directly or indirectly underwrite, share in, or contribute to the costs of glassware or any costs of transportation or shipping or serve as the agent of the beer manufacturer to deliver, stock, or store glassware for an on-sale retailer. (d) A licensee authorized to give retail advertising glassware pursuant to this section shall not be precluded from doing so on the basis of having an interest in any other type of alcoholic beverage license within or outside of the state. (e) A beer manufacturer shall file with the department, in a manner prescribed by the department, records related to glassware provided to an on-sale retail licensee pursuant to this section within 30 days of the delivery of the glassware. In addition, a beer manufacturer shall keep and maintain records for a three-year period of all glassware given pursuant to this section. (f) An on-sale retail licensee shall keep and maintain records for a three-year period of all glassware received pursuant to this section and of all other retail advertising glassware purchased or otherwise received. Such records shall be maintained by the on-sale retail licensee at the licensed premises to which the beer manufacturer delivers the glassware authorized by this section. The on-sale retail licensee shall produce records to the department promptly upon request. (g) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2025, Ch. 153, Sec. 2. (AB 445) Effective January 1, 2026. Repealed as of January 1, 2029, by its own provisions.)
25600.1.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

An authorized licensee may run consumer contests, but only if it follows strict entry, advertising, prize, age, and recordkeeping rules.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25600.1. (a) An authorized licensee may conduct consumer contests, subject to the following conditions: (1) (A) Entry or extra chances in a contest shall not be made available via the purchase of an alcoholic beverage. (B) Entry into or participation in a contest shall be limited to persons 21 years of age or older. (C) No contest shall involve consumption of alcoholic beverages by a participant. (D) A contest may not be conducted for the benefit of any permanent retail licensee. (2) (A) Closures, caps, cap liners, corks, labels, cartons, cases, packaging, or other similar material shall not be used as an entry to a contest or as a means of determining the amount or size of the prize or the winner in a contest, except as provided in subparagraphs (D) and (F). (B) The authorized licensee shall provide an alternative means of entry that does not require a visit to a licensed premises. (C) Except as provided in subparagraph (D), removable entry forms shall not be used on alcoholic beverage labels, containers, packaging, cases, or cartons. (D) Removable entry forms that are neck hangers shall be used only on bottles of wine or distilled spirits, and shall not require purchase of the product. Removable neck hangers shall be used only if other entry forms are available at the point of sale or if an alternative means of entry is also available. (E) Entry forms may be provided through electronic or other media, including point of sale. (F) Codes that may be scanned or electronically entered by a consumer where the authorized licensee has permanently affixed the codes as part of the original alcoholic beverage label, container, packaging, case, or carton, and where the codes are not removable and not required to be removed are permitted as a form of entry. (G) All permitted means of entry, including the use of electronic or scanner codes, shall clearly indicate that no purchase is required to enter. (3) A contest shall not provide for the instant or immediate awarding of a prize or prizes. Instant or immediate notification to the consumer that he or she is a winner is permissible. (4) Except for providing a means of entry, a contest authorized by this section shall not be conducted at the premises of a retail licensee or the premises of a winegrower or beer manufacturer operating under a duplicate license for a branch office. (5) Alcoholic beverages or anything redeemable for alcoholic beverages shall not be awarded as a contest prize. This paragraph shall not prohibit a contest in which the prize is cash or cash equivalent, the awarding of cash or cash equivalent, or the inclusion of alcoholic beverages as an incidental part of a prize package. (6) A retail licensee shall not serve as the agent of an authorized licensee by collecting or forwarding entries or awarding prizes to, or redeeming prizes for, a contest winner. (7) A licensee that is not an authorized licensee shall not directly or indirectly underwrite, share in, or contribute to, the costs of a contest authorized by this section or serve as the agent of an authorized licensee to collect or forward entries or to furnish any prize to a contest winner. (8) (A) Advertising of a contest shall comply with the signage and advertising restrictions contained in this chapter, Chapter 15 (commencing with Section 25500), and any regulations issued by the department. (B) Advertising or promotion of a contest shall not identify or refer to any retail licensee. (C) A retail licensee shall only advertise or promote a contest authorized by this section in the manner specified in subparagraph (A). (D) Advertising or promotion of a contest shall only be conducted on the premises of a retail licensee when such advertisement or promotion involves a minimum of three unaffiliated retail licensees. For purposes of this subparagraph, “unaffiliated retail licensees” shall not include any retail licensee owned or controlled in whole or in part by an authorized licensee or any officer, director, or agent of that licensee. (E) Placement of signs or other advertising of a contest in a licensed retail premises shall not be conditioned upon the following: (i) The placement of any product within the licensed premises or the restriction, in any way, of the purchase of a product by a licensee, the removal of a product from the sales area of a licensed premises, or the resetting or repositioning of a product within the licensed premises. (ii) The purchase or sale of any product produced, imported, distributed, represented, or promoted by an authorized licensee or its agent. (F) An agreement, whether written or oral, entered into, by, and between a retail licensee and an authorized licensee or its agent that precludes the advertisement or promotion of a contest on the premises of the retail licensee by another authorized licensee is prohibited. (9) Contest prizes shall not be awarded to an authorized licensee, retail licensee, or wholesale licensee or agent, officer, employee, or family member of an authorized licensee, retail licensee, or wholesale licensee. For the purposes of this paragraph, “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law, and lineal descendants, including those by adoption. An authorized licensee shall maintain all records pertaining to a contest for three years following the completion of a contest. This section shall not apply to contests conducted by an authorized licensee as part of a sales incentive program for wholesale licensees or their employees or an authorized licensee’s employees. (b) Nothing in this section shall preclude licensees from sponsoring contests as permitted by regulations of the department. (c) For purposes of this section: (1) (A) “Authorized licensee” means a winegrower, beer and wine importer general, beer manufacturer, out-of-state beer manufacturer certificate holder, distilled spirits manufacturer, distilled spirits manufacturer’s agent, distilled spirits importer general, distilled spirits general rectifier, rectifier, out-of-state distilled spirits shipper’s certificate holder, brandy manufacturer, and brandy importer. An authorized licensee may conduct a consumer contest pursuant to this section regardless of whether the licensee holds any additional license not included in this paragraph. (B) An “authorized licensee” shall not include a beer and wine wholesaler, a beer and wine importer general, or distilled spirits importer general that only holds a wholesaler’s or retailer’s license as an additional license. (2) “Contest” means a game, contest, puzzle, or similar activity that holds out or offers to participants the opportunity to receive or compete for gifts, prizes, gratuities, or other things of value as determined by skill, knowledge, or ability rather than upon random selection. Skill, knowledge, or ability does not include the consumption or use of alcoholic beverages. (d) Nothing in this section authorizes conducting any contest where consumers are entitled to an allotment or accumulation of points based on purchases made over a period of time that can be redeemed for prizes, things of value, or additional contest entries. (e) A prize awarded for a contest conducted pursuant to this section shall not be subject to the monetary limitation imposed by Section 25600 or a regulation of the department. (f) An authorized licensee that violates this section, in addition to any other penalty imposed by this division, may be prohibited by the department from offering a contest to California residents for a period of 12 months. (Amended by Stats. 2015, Ch. 311, Sec. 4. (SB 796) Effective January 1, 2016.)
25600.2.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

Authorized licensees may run consumer sweepstakes, but only if they follow strict entry, age, prize, advertising, and recordkeeping rules.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25600.2. (a) An authorized licensee may conduct or sponsor consumer sweepstakes, subject to the following conditions: (1) (A) No entry fee may be charged to participate in a sweepstakes authorized by this subdivision. Entry or extra chances in a sweepstakes shall not be made available via the purchase of an alcoholic beverage. (B) Entry into or participation in a sweepstakes shall be limited to persons 21 years of age or older. (C) No sweepstakes shall involve consumption of alcoholic beverages by a participant. (D) Subject to subparagraph (B), any sweepstakes offered in California shall be open to all residents of California. (E) A sweepstakes may not be conducted for the benefit of any permanent retail license. (2) (A) Closures, caps, cap liners, corks, labels, cartons, cases, packaging, or other similar material shall not be used as an entry to a sweepstakes or as a means of determining the amount or size of the prize or the winner in a sweepstakes, except as provided in subparagraphs (D) and (F). (B) The authorized licensee shall provide an alternative means of entry that does not require a visit to a licensed premises. (C) Except as provided in subparagraph (D), removable entry forms shall not be used on alcoholic beverage labels, containers, packaging, cases, or cartons. (D) Removable entry forms that are neck hangers shall be used only on bottles of wine or distilled spirits, and shall not require purchase of the product. Removable neck hangers shall be used only if other entry forms are available at the point of sale or if an alternative means of entry is also available. (E) Entry forms may be provided through electronic or other media, including point of sale. (F) Codes that may be scanned or electronically entered by a consumer where the authorized licensee has permanently affixed the codes as part of the original alcoholic beverage label, container, packaging, case, or carton and where the codes are not removable and not required to be removed are permitted as a form of entry. (G) All permitted means of entry, including the use of electronic or scanner codes, shall clearly indicate that no purchase is required to enter. (H) All sweepstakes entries shall provide the entrant with an equal odds of winning. (3) A sweepstakes shall not provide for the instant or immediate awarding of a prize or prizes. Instant or immediate notification to the consumer that he or she is a winner is permissible. (4) Except for providing a means of entry, a sweepstakes authorized by this section shall not be conducted at the premises of a retail licensee or the premises of a winegrower or beer manufacturer operating under a duplicate license for a branch office. (5) Alcoholic beverages or anything redeemable for alcoholic beverages shall not be awarded as a sweepstakes prize. This paragraph shall not prohibit a sweepstakes in which the prize is cash or cash equivalent, the awarding of cash or cash equivalent, or the inclusion of alcoholic beverages as an incidental part of a prize package. (6) A retail licensee shall not serve as the agent of an authorized licensee by collecting or forwarding entries or awarding prizes to, or redeeming prizes for, a sweepstakes winner. The matching of entries with numbers or pictures on the point-of-sale materials at retail licensed premises is permitted only if entrants are also offered the opportunity to use an alternative means to determine prize-winning status. An authorized licensee may furnish and maintain a deposit box on a retail licensed premises for the collection and forwarding of sweepstakes entry forms. (7) A licensee that is not an authorized licensee shall not directly or indirectly underwrite, share in, or contribute to, the costs of a sweepstakes authorized by this section or serve as the agent of an authorized licensee to collect or forward entries or to furnish any prize to a sweepstakes winner. (8) (A) Advertising of a sweepstakes shall comply with the signage and advertising restrictions contained in this chapter, Chapter 15 (commencing with Section 25500), and any regulations issued by the department. (B) Advertising or promotion of a sweepstakes shall not identify or refer to a retail licensee. (C) A retail licensee shall only advertise or promote a sweepstakes authorized by this section in the manner specified in subparagraph (A). (D) Advertising or promotion of a sweepstakes shall only be conducted on the premises of a retail licensee when such advertisement or promotion involves a minimum of three unaffiliated retail licensees. For purposes of this subparagraph, “unaffiliated retail licensees” shall not include a retail licensee owned or controlled in whole or in part by an authorized licensee or any officer, director, or agent of that licensee. (E) Placement of signs or other advertising of a sweepstakes in a licensed retail premises shall not be conditioned upon the following: (i) The placement of a product within the licensed premises or the restriction, in any way, of the purchase of a product by a licensee, the removal of a product from the sales area of a licensed premises, or the resetting or repositioning of a product within the licensed premises. (ii) The purchase or sale of a product produced, imported, distributed, represented, or promoted by an authorized licensee or its agent. (F) An agreement, whether written or oral, entered into, by, and between a retail licensee and an authorized licensee that precludes the advertisement or promotion of a sweepstakes on the premises of the retail licensee by another authorized licensee or its agent is prohibited. (9) Sweepstakes prizes shall not be awarded to an authorized licensee, retail licensee, or wholesale licensee or agent, officer, employee, or family member of an authorized licensee, retail licensee, or wholesale licensee. For the purposes of this paragraph, “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law, and lineal descendants, including those by adoption. An authorized licensee shall maintain all records pertaining to a sweepstakes for three years following the completion of a sweepstakes. (b) For purposes of this section: (1) (A) “Authorized licensee” means a winegrower, beer and wine importer general, beer manufacturer, out-of-state beer manufacturer certificate holder, distilled spirits manufacturer, distilled spirits manufacturer’s agent, distilled spirits importer general, distilled spirits general rectifier, rectifier, out-of-state distilled spirits shipper’s certificate holder, brandy manufacturer, and brandy importer. An authorized licensee may conduct, sponsor, or participate in a sweepstakes pursuant to this section regardless of whether the licensee holds an additional license not included in this paragraph. (B) An “authorized licensee” shall not include a beer and wine wholesaler, a beer and wine importer general, or distilled spirits importer general that only holds a wholesaler’s or retailer’s license as an additional license. (2) “Sweepstakes” means a procedure, activity, or event for the distribution of anything of value by lot, chance, or random selection where the odds for winning a prize are equal for each entry. (c) Nothing in this section authorizes conducting sweepstakes where consumers are entitled to an allotment or accumulation of points based on purchases made over a period of time that can be redeemed for prizes, things of value, or additional sweepstakes entries. (d) A prize awarded for a sweepstakes conducted pursuant to this section shall not be subject to the monetary limitation imposed by Section 25600 or a regulation of the department. (e) An authorized licensee that violates this section, in addition to any other penalty imposed by this division, may be prohibited by the department from offering a sweepstakes to California residents for a period of 12 months. (Amended by Stats. 2015, Ch. 311, Sec. 5. (SB 796) Effective January 1, 2016.)
25600.3.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

Nonretail licensees may not offer or distribute coupons, and retail alcohol licensees may not accept or use coupons funded by nonretail licensees.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25600.3. (a) A nonretail licensee shall not offer, fund, produce, sponsor, promote, furnish, or redeem any type of coupon. (b) A licensee authorized to sell alcoholic beverages at retail shall not accept, redeem, possess, or utilize any type of coupon that is funded, produced, sponsored, promoted, or furnished by a nonretail licensee. (c) For purposes of this section: (1) “Nonretail licensee” means any person who own or holds any interest, directly or indirectly, in any license, authorization, or permit issued pursuant to this division that authorizes the manufacture, production, rectification, importation, or wholesaling of alcoholic beverages, except for a brewpub restaurant license issued pursuant to Section 23396.3. (2) “Cider” has the same meaning set forth in Section 4.21(e)(5) of the Code of Federal Regulations. (3) “Perry” has the same meaning set forth in Section 4.21(e)(5) of the Code of Federal Regulations. (4) “Coupon” means any method by which a consumer receives a discount on the purchase of any item that is funded, produced, sponsored, promoted, or furnished, either directly or indirectly, by a nonretail licensee, including, but not limited to, a paper coupon, a digital coupon, an instant redeemable coupon (IRC), or a mail-in rebate or mail-in discount, except as otherwise provided, or an electronic coupon commonly referred to as a scan or scanback. “Coupon” does not include: (A) (i) A mail-in rebate or electronic or digital rebate where all of the following apply: (I) The consumer must submit a request for the rebate to the nonretail licensee or its vendor after the purchase of a qualifying product. (II) The rebate is paid to the consumer after the purchase of the qualifying product and receipt of the consumer’s request with any required information. (III) The rebate is paid and funded by the nonretail licensee. (ii) A retail licensee shall not act as the vendor or intermediary for the nonretail licensee or the consumer. (iii) For purposes of this subparagraph, “nonretail license” and “vendor” shall not include an importer or wholesaler that holds only wholesaler or importer licenses, or both, that primarily sells beer, nonalcoholic beer, malt beverages, cider, or perry to retail licensees. (B) A discount or rebate that is offered, funded, produced, sponsored, promoted, or furnished by a distilled spirits manufacturer, distilled manufacturer’s agent, brandy manufacturer, brandy importer, distilled spirits rectifier general, holder of an out-of-state distilled spirits shipper certificate, distilled spirits importer general, distilled spirits importer, rectifier, brandy wholesaler, distilled spirits wholesaler, or a holder of a craft distiller’s license, regardless of other licenses held, that offers a discount or rebate on the purchase of any item so long as no nonalcoholic beer, beer, malt beverages, or wine products are advertised or promoted by these licensees in connection with the discount or rebate. (C) A discount that is offered and funded by a beer manufacturer on the purchase of beer, malt beverages, cider, or perry at the licensed premises of production or other licensed premises owned or leased and operated by the beer manufacturer. (D) A discount that is offered and funded by a winegrower on the purchase of wine sold directly by the winegrower to a consumer at or from the licensed premises of production or other licensed premises owned or leased and operated by the winegrower or through the Internet where a consumer buys directly from a winegrower. (d) Nothing in this section is intended to preclude or prevent or otherwise restrict an on-sale or off-sale retail licensee that is not also a nonretail licensee from offering, funding, producing, sponsoring, promoting, furnishing, or redeeming a discount to consumers on the purchase of alcoholic beverages that is not otherwise prohibited by this section or any other provision of law. (Amended by Stats. 2017, Ch. 419, Sec. 2. (AB 1722) Effective January 1, 2018.)
25600.5.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section allows certain distilled spirits and wine businesses to provide free entertainment, food, and beverages at invitation-only events if they meet detailed location, attendance, payment, invitation, permit, and timing rules.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25600.5. Notwithstanding any other provision of this division, a manufacturer of distilled spirits, distilled spirits manufacturer’s agent, out-of-state distilled spirits shipper’s certificate holder, winegrower, rectifier, or distiller, or its authorized unlicensed agent, may provide, free of charge, entertainment, food, and distilled spirits, wine, or nonalcoholic beverages to consumers at an invitation-only event in connection with the sale or distribution of wine or distilled spirits, subject to the following conditions: (a) No licensee, other than those specified in this section, may conduct or participate in any portion of an event authorized by this section. A licensee authorized to conduct an event pursuant to this section shall not be precluded from doing so on the basis of holding any other type of alcoholic beverage license. (b) An event authorized by this section shall be conducted on either the: (1) Premises for which a caterer’s authorization has been issued, except that any event held on the premises of a licensed winegrower shall not be authorized to provide any distilled spirits other than brandy. (2) Premises of a hotel holding an on-sale beer and wine or on-sale general license, except an event shall not be conducted in the lobby area of a hotel or in any portion of a hotel that is identified, promoted, or otherwise designated by the hotel as a club, nightclub, or other similar entertainment venue. For purposes of this paragraph, “hotel” means any hotel, motel, resort, bed and breakfast inn, or other similar transient lodging establishment, but it does not include any residential hotel as defined in Section 50519 of the Health and Safety Code. (c) A hotel where the event authorized by this section is being conducted shall maintain, during all times while exercising its license privileges, other areas within the licensed premises that shall be made readily available to the public not attending the authorized event. (d) Except as provided in paragraph (2) of subdivision (b), an event authorized by this section shall not be conducted on premises for which a permanent retail license has been issued. (e) Except for fair market value payments authorized pursuant to this section, a retail licensee, including the licensed caterer or the licensed hotel, shall not receive, nor shall the licensee conducting the event give, any other item of value or benefit in connection with events authorized by this section. (f) The person authorized by this section to provide, free of charge, entertainment, food, and beverages shall be present during the event. (g) The person authorized by this section to provide, free of charge, entertainment, food, and beverages shall have sole responsibility for providing payment for the entertainment, food, beverages, and rental fees at the event. Payments for entertainment, food, beverages, and rental fees shall not exceed fair market value. No other licensed person shall be authorized, under this section, to provide any portion of these payments. (h) Requests for attendance at the event shall be by invitation sent to consumers over 21 years of age at a specific address via mail or email, by telephone, or presented in person. Invitations or other advertisements of the event shall not be disseminated by any other means. Invitations shall not be sent by the authorized person or their authorized unlicensed agent inviting all of the employees of a retail licensee or a chain of retail licensees under common ownership to an authorized event. (i) Attendance at the event shall be limited to consumers who receive and accept an invitation to the event. Invited consumers may each invite one guest. All attendees shall be over 21 years of age. The total number of consumers and their guests allowed at any event authorized by this section shall not exceed 600 people. Admittance to the event shall be controlled by a list containing the names of consumers who accepted the invitation and their guests. The persons identified in this section shall be responsible for compliance. (j) No premium, gift, free goods, or other thing of value may be given away in connection with the event, except as authorized by this division. (k) The duration of any event authorized by this section shall not exceed four hours. (l) (1) Subject to paragraph (3), a person authorized to conduct events pursuant to this section shall not conduct more than 12 events in a calendar year where the consumers and guests in attendance exceed 100 people, and not more than 24 events in a calendar year where the consumers and guests in attendance is 100 people or fewer. (2) The limitation on events authorized by this section shall be by person, whether that person holds a single license or multiple licenses. If a person holds multiple licenses, the limitation shall be applied to the person holding the license, not by type of license. (3) A licensee authorized to conduct events pursuant to this section shall not conduct more than two events in a calendar year on the premises of any single licensed hotel or other licensed hotel under the same or common ownership. (4) The licensee conducting the event shall not advertise any retail licensee. If the event is held on the premises of a retail licensee as permitted by this section, the licensee conducting the event may list the retailer’s name and address in the invitation and any related advertising for the sole purpose of identifying the location of the event. The listing of the retailer’s name and address shall be the only reference to the retail licensee and shall be relatively inconspicuous in relation to the invitation or advertisement as a whole. Pictures or illustrations of the retailer’s premises, or laudatory references to the retailer, shall not be permitted. (5) (A) Other than as specifically authorized by this section, alcoholic beverage promotions of any sort shall not be conducted by any licensee in conjunction with an event held on the premises of a retail licensee pursuant to this section. This restriction includes any discounted drink specials offered by the retail licensee to consumers. (B) For purposes of this paragraph, “in conjunction with” means during an event and any period within 24 hours before and 24 hours following an event. (6) A retail licensee shall conspicuously offer for sale alcoholic beverages other than the products produced, distributed, bottled, or otherwise offered for sale by the licensee conducting the event. (m) At least 30 days prior to an event, the licensee, or its authorized unlicensed agent, authorized to conduct the event shall apply to the department for a permit authorizing the event. In addition to any other information required by the department, the licensee shall provide the department all of the following information: (1) The name of the company authorized to conduct the event. (2) The number of people planned to be in attendance. (3) The start and end times for the event. (4) The location of the event. (5) The name of the caterer, if required, obtaining the caterer’s authorization for the event. (n) All alcoholic beverages provided pursuant to this section shall be purchased from the holder of the caterer’s permit or the licensed hotel, as applicable. (o) All alcoholic beverages served at an event authorized by this section shall be served in accordance with Sections 25631 and 25632. (p) No person authorized to conduct an event pursuant to this section shall hold such an event at the same location more than eight times in a calendar year. (q) The person authorized to conduct an event under this section may provide attendees at the event with a free ride home. The free rides shall only constitute free ground transportation to attendees’ homes or to hotels or motels where attendees are staying. (r) In addition to the prescribed fee imposed upon a licensed caterer to conduct an event authorized by this section, a fee of two hundred dollars ($200) shall be collected by the department from the licensee, or its authorized unlicensed agent, authorized by this section to provide, free of charge, entertainment, and beverages at an authorized event. This fee may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320. (s) All licensees involved in events held pursuant to this section shall be responsible for compliance with this section, and with all other provisions of this division in connection with these events, and each may be subject to discipline for violation of this division. (t) The Legislature finds and declares both of the following: (1) That it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. (2) Any exception established by the Legislature to the general prohibition against tied interests must be limited to the express terms of the exception so as to not undermine the general prohibitions. (u) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Amended by Stats. 2022, Ch. 296, Sec. 7. (AB 2971) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.)
25601.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

A licensee, or the licensee’s agent or employee, must not keep or allow a disorderly place to be used with a licensed premises, especially where it disturbs the neighborhood or is harmful to public morals, health, convenience, or safety.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25601. Every licensee, or agent or employee of a licensee, who keeps, permits to be used, or suffers to be used, in conjunction with a licensed premises, any disorderly house or place in which people abide or to which people resort, to the disturbance of the neighborhood, or in which people abide or to which people resort for purposes which are injurious to the public morals, health, convenience, or safety, is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 152.)
25602.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

A person must not supply alcoholic beverages to a habitual or common drunkard or to someone who is obviously intoxicated; doing so is a misdemeanor. The provision also says the supplier is not civilly liable under subdivision (a) for resulting injuries.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25602. (a) Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor. (b) No person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage pursuant to subdivision (a) of this section shall be civilly liable to any injured person or the estate of such person for injuries inflicted on that person as a result of intoxication by the consumer of such alcoholic beverage. (c) The Legislature hereby declares that this section shall be interpreted so that the holdings in cases such as Vesely v. Sager (5 Cal. 3d 153), Bernhard v. Harrah’s Club (16 Cal. 3d 313) and Coulter v. Superior Court (____ Cal. 3d ____) be abrogated in favor of prior judicial interpretation finding the consumption of alcoholic beverages rather than the serving of alcoholic beverages as the proximate cause of injuries inflicted upon another by an intoxicated person. (Amended by Stats. 1978, Ch. 929.)
25602.1.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

A person who is injured or killed may bring a cause of action against certain alcohol sellers who furnished alcohol to an obviously intoxicated minor if that act proximately caused the injury or death.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25602.1. Notwithstanding subdivision (b) of Section 25602, a cause of action may be brought by or on behalf of any person who has suffered injury or death against any person licensed, or required to be licensed, pursuant to Section 23300, or any person authorized by the federal government to sell alcoholic beverages on a military base or other federal enclave, who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic beverage, and any other person who sells, or causes to be sold, any alcoholic beverage, to any obviously intoxicated minor where the furnishing, sale or giving of that beverage to the minor is the proximate cause of the personal injury or death sustained by that person. (Amended by Stats. 1986, Ch. 289, Sec. 1.)
25602.2.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

The director may bring an action to stop a violation or threatened violation of subdivision (a) of Section 25602.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25602.2. The director may bring an action to enjoin a violation or the threatened violation of subdivision (a) of Section 25602. Such action may be brought in the county in which the violation occurred or is threatened to occur. Any proceeding brought hereunder shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that it shall be presumed that there is no adequate remedy at law, and that irreparable damage will occur if the continued or threatened violation is not restrained or enjoined. (Added by Stats. 1978, Ch. 930.)
25602.3.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

A licensee may not ask the department for an offer in compromise for a second or later violation of subdivision (a) of Section 25602 if it happens within 36 months of the first violation.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25602.3. Notwithstanding any other provision of this division, no licensee may petition the department for an offer in compromise pursuant to Section 23095 for a second or any subsequent violation of subdivision (a) of Section 25602 which occurs within 36 months of the initial violation. (Added by Stats. 1978, Ch. 930.)
25603.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

A person who is not authorized by law must not bring alcoholic beverages into listed correctional facilities or their grounds; doing so is a felony.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25603. Every person, not authorized by law, who brings into any state prison, city or county jail, city and county jail, or reformatory in this State, or within the grounds belonging to any such institution, any alcoholic beverage is guilty of a felony. (Added by Stats. 1953, Ch. 152.)
25604.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section makes certain unlicensed alcohol-related club rooms and premises a public nuisance, and lets the Attorney General or a district attorney sue to stop it.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25604. It is a public nuisance for any person to maintain any club room in which any alcoholic beverage is received or kept, or to which any alcoholic beverage is brought, for consumption on the premises by members of the public or of any club, corporation, or association, unless the person and premises are licensed under this division. It is a public nuisance for any person to keep, maintain, operate or lease any premises for the purpose of providing therein for a consideration a place for the drinking of alcoholic beverages by members of the public or other persons, unless the person and premises are licensed under this division. As used herein “consideration” includes cover charge, the sale of food, ice, mixers or other liquids used with alcoholic beverage drinks, or the furnishing of glassware or other containers for use in the consumption of alcoholic beverage drinks. The Attorney General or any district attorney may bring an action in the name of the people to abate the nuisance, and the Attorney General shall, upon request of the department, bring the action. (Amended by Stats. 1955, Ch. 447.)
25605.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

An off-sale licensee must not deliver alcoholic beverages ordered by phone or other electronic means unless the recipient can prove age and identity and is 21 or older.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25605. No off-sale licensee shall deliver any alcoholic beverages pursuant to orders received for alcoholic beverages by telephone or other electronic means unless upon delivery the recipient shall be able to furnish proof of age and identity to indicate that he or she is 21 years of age or over. (Amended by Stats. 2013, Ch. 337, Sec. 5. (SB 818) Effective January 1, 2014.)
25606.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

It is unlawful to use a vehicle to hide, carry, or transport covered alcoholic beverages, stills, or related materials when the purpose is to evade excise taxes or license fees.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25606. It is unlawful for any person to use any automobile or other vehicle to conceal, convey, carry, or transport any alcoholic beverages which are subject to seizure under this division, or any stills or parts thereof subject to seizure under this division, or any materials or supplies capable of and intended for use in the manufacture or production of alcoholic beverages with the design to evade the excise taxes or license fees imposed by this division. This section does not apply to any person who uses an automobile or other vehicle to transport distilled spirits for lawful use in the trades, professions, or industries. Any person violating the provisions of this section is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. The department may seize any automobile or other vehicle used contrary to the provisions of this section. (Amended by Stats. 1983, Ch. 1092, Sec. 59. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
25607.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section generally forbids having unauthorized alcoholic beverages on licensed premises, with several exceptions and special shared-area rules.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25607. (a) Except as provided in subdivisions (b), (c), (d), (e), and (f), it is unlawful for any person or licensee to have upon any premises for which a license has been issued any alcoholic beverages other than the alcoholic beverage that the licensee is authorized to sell at the premises under their license. It shall be presumed that all alcoholic beverages found or located upon premises for which licenses have been issued belong to the person or persons to whom the licenses were issued. Any person who violates the provisions of this section is guilty of a misdemeanor. The department may seize any alcoholic beverages found in violation of this section. (b) Except as provided in subdivision (c), a bona fide public eating place for which an on-sale beer and wine license has been issued may have upon the premises brandy, rum, or liqueurs for use solely for cooking purposes. (c) (1) A licensed winegrower, licensed beer manufacturer that holds a small beer manufacturer’s license, and a licensed craft distiller, in any combination, whose licensed premises of production are immediately adjacent to each other and that are not branch offices, may, with the approval of the department and under such conditions as the department may require, share a common licensed area in which the consumption of alcoholic beverages is permitted, only under all of the following circumstances: (A) The shared common licensed area is adjacent and contiguous to the licensed premises of the licensees. (B) The licensed premises of the licensees are not branch offices. (C) The shared common licensed area shall be readily accessible from the premises of the licensees without the necessity of using a public street, alley, or sidewalk. (D) Except as otherwise authorized by this division, the alcoholic beverages that may be consumed in the shared common licensed area shall be purchased by the consumer only from the licensed winegrower, the licensed beer manufacturer, or the licensed craft distiller. (E) The licensed winegrower, the licensed beer manufacturer, and the licensed craft distiller shall be jointly responsible for compliance with the provisions of this division and for any violations that may occur within the shared common licensed area. (2) Nothing in this subdivision is intended to authorize the licensed winegrower, the licensed beer manufacturer, or the licensed craft distiller to sell, furnish, give, or have upon their respective licensed premises any alcoholic beverages, or to engage in any other activity, not otherwise authorized by this division, including, without limitation, the consumption on the premises of any distilled spirits purchased by consumers for consumption off the premises pursuant to Section 23504 or the consumption of distilled spirits other than as permitted by Section 23363.1. (d) The holder of a beer manufacturer’s license, winegrower’s license, brandy manufacturer’s license, distilled spirits manufacturer’s license, craft distiller’s license, any rectifier’s license, any importer’s license, or any wholesaler’s license, that holds more than one of those licenses for a single premises, may have alcoholic beverages that are authorized under those licenses at the same time anywhere within the premises for purposes of production and storage, if the holder of the licenses maintains records of production and storage that identify the specific location of each alcoholic beverage product within the premises. Nothing in this subdivision is intended to allow a licensee to hold licenses, alone or in combination, or to exercise any license privileges, not otherwise provided for or authorized by this division. (e) Notwithstanding any provision to the contrary, a licensed manufacturer may share a common licensed area with multiple licensed retailers, subject to the provisions of this subdivision. (1) No retail licensee sharing the common licensed area with a licensed manufacturer shall sell or serve any alcoholic beverages that are manufactured, produced, bottled, processed, imported, rectified, distributed, represented, or sold by the manufacturer, directly or indirectly. This prohibition shall apply to all licensed premises owned or operated, in whole or in part, by the retail licensee anywhere in the state. No wholesaler shall be responsible for compliance with this paragraph. (2) The licensed manufacturer may, in connection with the operation of the shared common area only, advertise or promote the common licensed area, including, but not limited to, any advertising or promotion related to the licensed retailers sharing the common licensed area, provided that each retailer pays its pro rata share of the costs of that advertising or promotion. The cost attributed to each retailer’s pro rata share shall not be less than the current market price for that advertising or promotion. (3) The licensed manufacturer may, in connection with the operation of the shared common area only, pay its pro rata share of the cost of the operation of the shared common area, including, but not limited to, the cost of renting, utilities, or any other operating costs for the area. (4) Except as provided in paragraphs (2) and (3), no other thing of value may be given or furnished by the manufacturer to the retailers. (5) The manufacturer may have on the area of its licensed premises that encompass the shared common licensed area alcoholic beverages that would not otherwise be permitted on the manufacturer’s licensed premises. This provision does not authorize the possession of alcoholic beverages not otherwise permitted on the manufacturer’s licensed premises that is not part of the shared common licensed area. (6) All retailers sharing the common licensed area shall hold the same license type. Nothing in this subdivision shall authorize any of the retailers to exercise license privileges that are not authorized by their license. (7) All licensees holding licenses within the shared common licensed area shall be jointly responsible for compliance with all laws that may subject their license to discipline. (8) A wholesaler does not directly or indirectly underwrite, share in, or contribute to any costs related to the common licensed area. (9) The manufacturer maintains records necessary to establish its compliance with this section. (10) (A) This subdivision does not authorize a licensed manufacturer to share a common licensed area with a single retailer or with multiple retailers under common ownership, in whole or in part. (B) This subdivision is intended to be a narrow exception to the separation of manufacturers and retailers. This subdivision shall be narrowly construed. (11) The Legislature finds and declares both of the following: (A) It is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. (B) Any exception established by the Legislature to the general prohibition against tied interests must be limited to the express terms of the exception so as to not undermine the general prohibitions. (f) (1) Notwithstanding any provision to the contrary, the holder of a beer manufacturer’s license, a winegrower’s license, a craft distilled spirits manufacturer’s license, or a brandy manufacturer’s license that holds any combination of those licenses for a single premises may have alcoholic beverages that are authorized under those licenses at the same time anywhere within the premises and may maintain a designated area upon that premises where retail sales and consumption authorized under those licenses may occur. (2) The privileges described in paragraph (1) may be exercised by the licensee only if all of the following apply: (A) The licenses are held under identical ownership. (B) (i) Subject to clause (ii), the manufacturer’s licenses for the single premises are either all master licenses or all branch offices, and not a combination of a master license and a branch office. (ii) If one of the manufacturer’s licenses for the single premises is a craft distilled spirits manufacturer’s license, then the manufacturer’s licenses for the single premises shall all be master licenses and not a combination of a master license and a branch office. (C) For overlapping branch offices, only alcoholic beverages produced by the licensee are sold. (3) Nothing in this subdivision is intended to allow a licensee to hold licenses, alone or in combination, or to exercise any license privileges, not otherwise provided for or authorized by this division. (Amended by Stats. 2023, Ch. 176, Sec. 1. (SB 269) Effective January 1, 2024.)
25607.5.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

A qualifying nonprofit corporation may receive and possess donated beer or wine if it has already filed an application with the department for the needed license.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25607.5. A nonprofit corporation that is required to obtain a license to sell beer or wine under Section 23300 may receive and possess beer or wine donated to it if, at the time of receipt of the beer or wine, the nonprofit corporation has submitted an application with the department for a license to sell the donated beer or wine. Nothing in this section is intended to affect or otherwise limit the application of Section 25503.9. (Amended by Stats. 2015, Ch. 107, Sec. 3. (AB 774) Effective January 1, 2016.)
25608.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

Alcoholic beverages are generally prohibited in or on public schoolhouses and their grounds, with listed exceptions.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25608. (a) Every person who possesses, consumes, sells, gives, or delivers to another person an alcoholic beverage in or on a public schoolhouse or the grounds of the schoolhouse, is guilty of a misdemeanor. This section does not, however, make it unlawful for a person to acquire, possess, or use an alcoholic beverage in or on a public schoolhouse, or on the grounds of the schoolhouse, if any of the following applies: (1) The alcoholic beverage possessed, consumed, or sold, pursuant to a license obtained under this division, is wine or beer that is produced by a bonded winery or brewery owned or operated as part of an instructional program in viticulture and enology or brewing. (2) The alcoholic beverage is acquired, possessed, or used in connection with a course of instruction given at the school and the person has been authorized to acquire, possess, or use it by the governing body or other administrative head of the school. (3) The public schoolhouse is surplus school property and the grounds of the schoolhouse are leased to a lessee that is a general law city with a population of less than 50,000, or the public schoolhouse is surplus school property and the grounds of the schoolhouse are located in an unincorporated area and are leased to a lessee that is a civic organization, and the property is to be used for community center purposes and no public school education is to be conducted on the property by either the lessor or the lessee and the property is not being used by persons under the age of 21 years for recreational purposes at any time during which alcoholic beverages are being sold or consumed on the premises. (4) The alcoholic beverages are acquired, possessed, or used during events at a college-owned or college-operated veterans stadium with a capacity of over 12,000 people, located in a county with a population of over 6,000,000 people. As used in this paragraph, “events” mean football games sponsored by a college, other than a public community college, or other events sponsored by noncollege groups. (5) The alcoholic beverages are acquired, possessed, or used during events at a public community college stadium with a capacity of 19,000 or more people in the City of Bakersfield. As used in this paragraph, “events” means sporting events or concerts sponsored by a public community college or other events sponsored by noncollege groups. (6) The alcoholic beverages are acquired, possessed, or used during an event not sponsored by any college at a performing arts facility built on property owned by a community college district and leased to a nonprofit organization that is a public benefit corporation formed under Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code. As used in this paragraph, “performing arts facility” means an auditorium with more than 300 permanent seats. (7) The alcoholic beverage is wine for sacramental or other religious purposes and is used only during authorized religious services held on or before January 1, 1995. (8) The alcoholic beverages are acquired, possessed, or used during an event at a community center owned by a community services district or a city and the event is not held at a time when students are attending a public school-sponsored activity at the center. (9) The alcoholic beverage is wine that is acquired, possessed, or used during an event sponsored by a community college district or an organization operated for the benefit of the community college district where the college district maintains both an instructional program in viticulture on no less than five acres of land owned by the district and an instructional program in enology, which includes sales and marketing. (10) The alcoholic beverage is acquired, possessed, or used at a professional minor league baseball game conducted at the stadium of a community college located in a county with a population of less than 250,000 inhabitants, and the baseball game is conducted pursuant to a contract between the community college district and a professional sports organization. (11) The alcoholic beverages are acquired, possessed, or used during events at a college-owned or college-operated stadium or other facility. As used in this paragraph, “events” means fundraisers held to benefit a nonprofit corporation that has obtained a license pursuant to this division for the event. “Events” does not include football games or other athletic contests sponsored by any college or public community college. This paragraph does not apply to any public education facility in which any grade from kindergarten to grade 12, inclusive, is schooled. (12) The alcoholic beverages are possessed, consumed, or sold, pursuant to a license, permit, or authorization obtained under this division, for an event held at an overnight retreat facility owned and operated by a county office of education or a school district at times when pupils are not on the grounds. (13) The grounds of the public schoolhouse on which the alcoholic beverage is acquired, possessed, used, or consumed is property that has been developed and is used for residential facilities or housing that is offered for rent, lease, or sale exclusively to faculty or staff of a public school or community college. (14) The grounds of a public schoolhouse on which the alcoholic beverage is acquired, possessed, used, or consumed is property of a community college that is leased, licensed, or otherwise provided for use as a water conservation demonstration garden and community passive recreation resource by a joint powers agency comprised of public agencies, including the community college, and the event at which the alcoholic beverage is acquired, possessed, used, or consumed is conducted pursuant to a written policy adopted by the governing body of the joint powers agency and no public funds are used for the purchase or provision of the alcoholic beverage. (15) The alcoholic beverage is beer or wine acquired, possessed, used, sold, or consumed only in connection with a course of instruction, sponsored dinner, or meal demonstration given as part of a culinary arts program at a campus of a California community college and the person has been authorized to acquire, possess, use, sell, or consume the beer or wine by the governing body or other administrative head of the school. (16) The alcoholic beverages are possessed, consumed, or sold, pursuant to a license or permit obtained under this division for special events held at the facilities of a public community college during the special event. As used in this paragraph, “special event” means events that are held with the permission of the governing board of the community college district that are festivals, shows, private parties, concerts, theatrical productions, and other events held on the premises of the public community college and for which the principal attendees are members of the general public or invited guests and not students of the public community college. (17) The alcoholic beverages are acquired, possessed, or used during an event at a community college-owned facility in which any grade from kindergarten to grade 12, inclusive, is schooled, if the event is held at a time when students in any grades from kindergarten to grade 12, inclusive, are not present at the facility. As used in this paragraph, “events” include fundraisers held to benefit a nonprofit corporation that has obtained a license pursuant to this division for the event. (18) The alcoholic beverages are acquired, possessed, used, or consumed pursuant to a license or permit obtained under this division for special events held at facilities owned and operated by an educational agency, a county office of education, superintendent of schools, school district, or community college district at a time when pupils are not on the grounds. As used in this paragraph, “facilities” include, but are not limited to, office complexes, conference centers, or retreat facilities. (b) Any person convicted of a violation of this section shall, in addition to the penalty imposed for the misdemeanor, be barred from having or receiving any privilege of the use of public school property that is accorded by Article 2 (commencing with Section 82537) of Chapter 8 of Part 49 of Division 7 of Title 3 of the Education Code. (Amended by Stats. 2024, Ch. 213, Sec. 1. (AB 2094) Effective January 1, 2025.)
25608.10.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

People in vessels or bathing in the specified Truckee River area must not possess alcoholic beverage containers during certain summer holiday periods, and Placer County must post notice about the infraction penalty.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25608.10. (a) On the portion of the Truckee River, from the outfall of Lake Tahoe upstream of the Highway 89 Bridge in Tahoe City to the Alpine Meadows Bridge, a person in a vessel, as defined by Section 651 of the Harbors and Navigation Code, or a bather, as defined by Section 651.1 of the Harbors and Navigation Code, shall not possess a container with an alcoholic beverage, whether opened or closed, during the summer holiday periods that the Placer County Board of Supervisors prohibits the consumption of an alcoholic beverage or possession of an open alcoholic beverage container on the land portions along this portion of the river. (b) For purposes of this section, “container” means a bottle, can, or other receptacle. (c) A violation of this section is punishable as an infraction pursuant to subdivision (b) of Section 25132 of the Government Code. (d) Placer County shall provide notice on the land portions along the Truckee River described in subdivision (a) that a violation of this section is punishable as an infraction. (Added by Stats. 2008, Ch. 44, Sec. 1. Effective June 30, 2008.)
25608.12.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

On a defined stretch of the Sacramento River, people in vessels or bathers must not possess containers with alcoholic beverages during specified summer holiday periods. Glenn County and Butte County must also post notice that violations are infractions.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25608.12. (a) On the portion of the Sacramento River, from the Highway 32 Bridge to the mouth of Big Chico Creek, a person in a vessel, as defined by Section 651 of the Harbors and Navigation Code, or a bather, as defined by Section 651.1 of the Harbors and Navigation Code, shall not possess a container with an alcoholic beverage, whether opened or closed, during the summer holiday periods that the Glenn County Board of Supervisors and the Butte County Board of Supervisors prohibit the consumption of an alcoholic beverage or possession of an open alcoholic beverage container on the land portions along this portion of the Sacramento River. (b) For purposes of this section, “container” means a bottle, can, or other receptacle. (c) A violation of this section is punishable as an infraction pursuant to subdivision (b) of Section 25132 of the Government Code. (d) Glenn County and Butte County shall provide notice on the land portions along the Sacramento River described in subdivision (a) that a violation of this section is punishable as an infraction. (Added by Stats. 2011, Ch. 158, Sec. 1. (AB 494) Effective August 1, 2011.)
25608.5.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

A person in a nonmotorized vessel must not possess an alcoholic beverage container on the specified Lower American River stretch during the listed summer holiday periods; Sacramento County must post notice about the infraction penalty.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25608.5. (a) On the portion of the Lower American River, as defined in Section 5841 of the Public Resources Code, from the Hazel Avenue Bridge to the Watt Avenue Bridge, a person in a nonmotorized vessel shall not possess a container with an alcoholic beverage, whether opened or closed, during the summer holiday periods that the Sacramento County Board of Supervisors prohibits the consumption or possession of an open alcoholic beverage container on the land portions along the river. (b) For purposes of this section, “container” means bottle, can, or other receptacle. (c) A violation of this section is punishable as an infraction pursuant to subdivision (b) of Section 25132 of the Government Code. (d) Sacramento County shall provide notice on the land portions along the river described in subdivision (a) that a violation of this section is punishable as an infraction. (Added by Stats. 2007, Ch. 19, Sec. 1. Effective June 28, 2007.)
25609.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

If someone sells or offers alcoholic beverages under an on-sale license in response to a request about a brand, type, or character, they must first tell the purchaser if it is different.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25609. Every person who, in response to an inquiry or request for any brand, type, or character of alcoholic beverages, sells or offers for sale under an on-sale license a different brand, type, or character without first informing the purchaser of the difference is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 152.)
2561.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2. Contact Lens Dispensing [2560 - 2564.6] ( Article 2 added by Stats. 1982, Ch. 418, Sec. 8. )
Verify source ↗

An individual must apply for registration as a contact lens dispenser on board forms, and the board must register qualified applicants, issue certificates, and run or arrange the required examination schedule.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2. Contact Lens Dispensing [2560 - 2564.6] ( Article 2 added by Stats. 1982, Ch. 418, Sec. 8. ) ## 2561. An individual shall apply for registration as a registered contact lens dispenser on forms prescribed by the board. The board shall register an individual as a registered contact lens dispenser upon satisfactory proof that the individual has passed the contact lens registry examination of the National Committee of Contact Lens Examiners or any successor agency to that committee. In the event the board should ever find after hearing that the registry examination is not appropriate to determine entry level competence as a contact lens dispenser or is not designed to measure specific job performance requirements, the board may thereafter from time to time prescribe or administer a written examination that meets those specifications. If an applicant for renewal has not engaged in the full-time or substantial part-time practice of fitting and adjusting contact lenses within the last five years then the board may require the applicant to take and pass the examination referred to in this section as a condition of registration. Any examination administered by the board shall be given at least twice each year on dates publicly announced at least 90 days before the examination dates. The board is authorized to contract with the National Committee of Contact Lens Examiners or any successor agency to that committee to provide that the registry examination is given at least twice each year on dates publicly announced at least 90 days before the examination dates. The board may deny registration where there are grounds for denial under the provisions of Division 1.5 (commencing with Section 475). The board shall issue a certificate to each qualified individual stating that the individual is a registered contact lens dispenser. A registered contact lens dispenser may use that designation, but shall not hold himself or herself out in advertisements or otherwise as a specialist in fitting and adjusting contact lenses. (Amended by Stats. 2016, Ch. 489, Sec. 25. (SB 1478) Effective January 1, 2017.)
25610.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

It is a misdemeanor to tamper with required markings on alcoholic beverage packages or cases, and a licensee may not possess an unopened package or case with a required serial number that has been altered or removed.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25610. (a) Any person who erases, removes, obliterates, destroys, or renders illegible in any manner any serial numbers, stamps, marks, brands, legends, or other information required by federal or state law to be attached or placed upon any packages or original cases containing alcoholic beverages, before the contents of such packages or cases have been entirely removed, is guilty of a misdemeanor. (b) Any licensee who possesses any original unopened package or case containing alcoholic beverages on which or from which any serial number required by federal or state law to be attached or placed has been erased, removed, obliterated, destroyed, or rendered illegible in any manner, is guilty of a misdemeanor. (Amended by Stats. 1963, Ch. 775.)
25611.1.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

Certain alcohol industry actors may provide specified advertising signs and other advertising matter, but a wholesaler must sell retailer-customized beer signs at no less than current market price.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25611.1. (a) Any manufacturer, winegrower, manufacturer’s agent, rectifier, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of any of these persons may furnish, give, lend, sell, or rent: (1) Interior signs, advertising either wine or distilled spirits, for use in on-sale retail premises, each of which shall not exceed 630 square inches in size. This limitation on the size of interior signs, advertising either wine or distilled spirits, shall not be applicable to off-sale retail premises. (2) Interior signs advertising beer in on-sale or off-sale retail premises which shall bear conspicuous notice of the beer manufacturer’s name, brand name, trade name, slogans, markings, trademarks, or other symbols commonly associated with and generally used by the beer manufacturer in identifying the beer manufacturer’s name or product, and which may bear graphic or pictorial advertising representations. These signs shall include, but are not limited to, posters, placards, stickers, decals, shelf strips, wall panels, plaques, shadow boxes, mobiles, dummy bottles, bottle toppers, case wrappers, brand-identifying statuettes, tap markers, and table tents. These interior signs advertising beer shall not be deemed of intrinsic or utilitarian value and shall remain the property of the beer wholesaler who authorized and furnished them, unless given or sold to the retail licensee. (3) Interior signs advertising beer for use in on-sale or off-sale retail premises, which are illuminated or mechanized, and which shall principally bear a conspicuous notice of the beer manufacturer’s name, brand name, trade name, slogans, markings, trademarks, or other symbols commonly associated with and generally used by the beer manufacturer in identifying the beer manufacturer’s name or product, and which may bear graphic or pictorial advertising representations. These illuminated or mechanized interior signs advertising beer shall not be deemed of intrinsic or utilitarian value and shall remain the property of the beer wholesaler who authorized and furnished them, unless given or sold to the retail licensee. (4) Signs or other advertising matter for exterior use at any on-sale or off-sale retail premises as may be permitted by this division and rules of the department adopted pursuant thereto. (b) Interior signs advertising beer that are customized for the retailer shall be sold by the wholesaler at a price not less than current market price. (Amended by Stats. 2023, Ch. 532, Sec. 3. (AB 546) Effective January 1, 2024.)
25611.2.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section says certain alcoholic beverage businesses may provide electronic data services to a licensed retail premises.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25611.2. Nothing in this chapter shall prohibit any alcoholic beverage manufacturer, manufacturer’s agent, winegrower, or wholesaler from furnishing or giving electronic data services to a licensed retail premises. For purposes of this section, “electronic data services” are limited to the transmission by telephone line, microwave, or other electronic means of data relating to retailer inventory of the manufacturer’s, winegrower’s, or wholesaler’s brands, monitoring of brand sales performance, electronic invoice transmissions, and electronic funds transfer. (Amended by Stats. 1996, Ch. 99, Sec. 2. Effective January 1, 1997.)
25611.3.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

A beer wholesaler may sell or rent exterior signs advertising beer for retail premises, but the signs must be sold or rented at not less than cost; customized signs for a retailer must be sold and cannot be rented.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25611.3. A beer wholesaler may sell or rent exterior signs advertising beer for use at any on-sale or off-sale retail premises. Exterior signs include, but are not limited to, signs, inflatables, and banners used to advertise a beer manufacturer’s product. Exterior signs must be sold or rented at not less than cost, as defined in Section 17026. An exterior sign that is customized for a retailer must be sold, and may not be rented. (Added by Stats. 2008, Ch. 395, Sec. 1. Effective January 1, 2009.)
25612.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

Retailers of alcoholic beverages may not use signs or advertising at licensed premises if they are obnoxious, gaudy, blatant, offensive, or if they block street view of the interior contrary to department rules.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25612. Signs or other advertising matter used in connection with the licensed premises of any retailer of alcoholic beverages shall not be of any obnoxious, gaudy, blatant, or offensive nature and shall in no manner contrary to the rules of the department obstruct the view of the interior of the premises from the street. (Amended by Stats. 1955, Ch. 447.)
25612.5.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section requires most retail licensees to follow premises standards like posting signs, preventing alcohol consumption in certain areas, keeping the premises lit and clean, and removing graffiti on time.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25612.5. (a) This section shall apply to licensees other than a retail on-sale licensee or on-sale beer and wine licensee who is licensed and operates as a bona fide public eating place, as defined in Section 23038, 23038.1, or 23038.2, or as a hotel, motel, or similar lodging establishment, as defined in subdivision (b) of Section 25503.16; a winegrowers license; a licensed beer manufacturer, as defined in Section 23357; a retail licensee who concurrently holds an off-sale retail beer and wine license and a beer manufacturer’s license for those same or contiguous premises; and a retail on-sale licensee or on-sale beer and wine licensee who is licensed and operates as a bona fide public eating place, as defined in Section 23038, 23038.1, or 23038.2, or as a hotel, motel, or similar lodging establishment, as defined in subdivision (b) of Section 25503.16, a licensed beer manufacturer, as defined in Section 23357, or a winegrowers license, who sells off-sale beer and wine under the on-sale license on those same or contiguous premises. (b) The Legislature finds and declares that it is in the interest of the public health, safety, and welfare to adopt operating standards as set forth in this section for specified retail premises licensed by the department. The standards set forth in this section are state standards that do not preclude the adoption and implementation of more stringent local regulations that are otherwise authorized by law. (c) Other than as provided in subdivision (a), each retail licensee shall comply with all of the following: (1) A prominent, permanent sign or signs stating “NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES” shall be posted in a place that is clearly visible to patrons of the licensee. The size, format, form, placement, and languages of the sign or signs shall be determined by the department. This paragraph shall apply to a licensee only upon written notice to the licensee from the department. The department shall issue this written notice only upon a request, from the local law enforcement agency in whose jurisdiction the premises are located, that is supported by substantial evidence that there is loitering adjacent to the premises. (2) A prominent, permanent sign or signs stating “NO OPEN ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THESE PREMISES” shall be posted in a place that is clearly visible to patrons of the licensee. The size, format, form, placement, and languages of the sign or signs shall be determined by the department. This paragraph shall apply to a licensee only upon written notice to the licensee from the department. The department shall issue this written notice only upon a request, from the local law enforcement agency in whose jurisdiction the premises are located, that is supported by substantial evidence that there is drinking in public adjacent to the premises. (3) No alcoholic beverages shall be consumed on the premises of an off-sale retail establishment, and no alcoholic beverages shall be consumed outside the edifice of an on-sale retail establishment. (4) The exterior of the premises, including adjacent public sidewalks and all parking lots under the control of the licensee, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. However, the required illumination shall be placed so as to minimize interference with the quiet enjoyment of nearby residents of their property. (5) Litter shall be removed daily from the premises, including adjacent public sidewalks and all parking lots under the control of the licensee. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris. (6) Graffiti shall be removed from the premises and all parking lots under the control of the licensee within 72 hours of application. If the graffiti occurs on a Friday or weekend day, or on a holiday, the licensee shall remove the graffiti 72 hours following the beginning of the next weekday. (7) No more than 33 percent of the square footage of the windows and clear doors of an off-sale premises shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. However, this latter requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises. (8) Upon request of the local law enforcement agency in whose jurisdiction the licensed premises are located or at the discretion of the department, each public telephone located on off-sale premises (or located in an adjacent area under the control of the off-sale licensee) shall be equipped with devices or mechanisms that prevent persons from calling into that public telephone. (9) Every licensed retailer who sells or rents video recordings of harmful matter, as defined by Section 313 of the Penal Code, shall create an area within his or her business establishment for the placement of video recordings of harmful matter and for any material that advertises the sale or rental of these video recordings. This area shall be labeled “adults only.” The licensed retailer shall make reasonable efforts to arrange the video recordings in this area in such a way that minors may not readily access the video recordings or view the video box covers. The failure to create and label the “adults only” area is an infraction punishable by a fine of not more than one hundred dollars ($100). The failure to place a video recording or advertisement, regardless of its content, in this area shall not constitute an infraction. (10) A copy of the applicable operating standards shall be available during normal business hours for viewing by the general public. (Amended by Stats. 1999, Ch. 787, Sec. 2. Effective January 1, 2000.)
25613.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

On-sale retail licensees who dispense draught beer must post a clear, legible English notice naming the beer’s brand at the tap or outlet, and in some layouts also post a notice in the service area listing only the draught beers actually sold there.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25613. Every holder of an on-sale retail license who gives, sells, or otherwise dispenses any draught beer shall, upon the faucet, spigot, or outlet from which the beer is drawn, attach and keep posted a clear and legible notice, placard, or marker which shall in the English language indicate and declare the name or brand adopted by the manufacturer of the draught beer so given, sold, or dispensed by the licensee. If the faucet, spigot, or other drawing device is in a location not within the room of the place of service and consumption of the beer, there shall also be kept posted a similar notice, placard, or marker in the place of service and consumption of the beer which shall truthfully state and indicate only the kinds and brands of draught beer actually on sale in the premises of the on-sale licensee. (Amended by Stats. 1965, Ch. 78.)
25614.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

A person who breaks the listed beer-branding rules or misrepresents the beer served to a consumer commits a misdemeanor.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25614. Any person who violates any of the provisions of Sections 25611 to 25613, inclusive, or substitutes another or different brand of draught beer from that indicated by any of the required notices, placards, or markers, or substitutes one brand of beer for another, or misrepresents the brand or kind of beer served to a consumer is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 152.)
25616.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

Anyone who knowingly files a false license fee report, blocks inspections, fails to keep or preserve required books, or alters book entries to falsify sales records can be convicted of a misdemeanor and fined or jailed.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25616. Any person who knowingly or willfully files a false license fee report with the department, and any person who refuses to permit the department or any of its representatives to make any inspection or examination for which provision is made in this division, or who fails to keep books of account as prescribed by the department, or who fails to preserve such books for the inspection of the department for such time as the department deems necessary, or who alters, cancels, or obliterates entries in such books of account for the purpose of falsifying the records of sales of alcoholic beverages made under this division is guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than one month nor more than six months, or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 60. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
25617.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

A person convicted of a covered violation of this division, where no other penalty is specifically provided, commits a misdemeanor and may be fined up to $1,000, jailed up to 6 months, or both.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25617. Every person convicted for a violation of any of the provisions of this division for which another penalty or punishment is not specifically provided for in this division is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 61. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
25618.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

A person convicted of a felony for violating this division, when no other punishment is specifically provided, must be punished by a fine, jail imprisonment, state prison-style imprisonment under the Penal Code, or both.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25618. Every person convicted of a felony for a violation of any of the provisions of this division for which another punishment is not specifically provided for in this division shall be punished by a fine of not more than ten thousand dollars ($10,000), imprisonment in a county jail for not more than one year, imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 30. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
25619.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

Peace officers and district attorneys in this state must enforce this division and prosecute people they reasonably believe are offenders; refusing or neglecting to do so is a misdemeanor.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25619. Every peace officer and every district attorney in this State shall enforce the provisions of this division and shall inform against and diligently prosecute persons whom they have reasonable cause to believe offenders against the provisions of this division. Every such officer refusing or neglecting to do so is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 152.)
2562.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2. Contact Lens Dispensing [2560 - 2564.6] ( Article 2 added by Stats. 1982, Ch. 418, Sec. 8. )
Verify source ↗

A registered contact lens dispenser must direct the person named in the prescription to return to the prescribing physician and surgeon or optometrist for an evaluation after fitting contact lenses, and no later than 60 days after receiving the prescription.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2. Contact Lens Dispensing [2560 - 2564.6] ( Article 2 added by Stats. 1982, Ch. 418, Sec. 8. ) ## 2562. Upon satisfactory completion of the fitting of contact lenses, but in no event more than 60 days after receipt of the prescription, a registered contact lens dispenser shall direct the person named in the prescription to return to the prescribing physician and surgeon or optometrist for an evaluation. (Added by Stats. 1982, Ch. 418, Sec. 8.)
25620.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

A person may commit an infraction for possessing an opened alcoholic beverage container in certain public parks or public places when a local ordinance bans that possession or drinking there.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25620. (a) Any person possessing any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, in any city, county, or city and county owned park or other city, county, or city and county owned public place, or any recreation and park district, or any regional park or open-space district shall be guilty of an infraction if the city, county, or city and county has enacted an ordinance that prohibits the possession of those containers in those areas or the consumption of alcoholic beverages in those areas. (b) This section does not apply where the possession is within premises located in a park or other public place for which a license has been issued pursuant to this division. (c) This section does not apply when an individual is in possession of an alcoholic beverage container for the purpose of recycling or other related activity. (Amended by Stats. 2000, Ch. 381, Sec. 1. Effective January 1, 2001.)
25621.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section bans buying, selling, offering for sale, using, or possessing vaporized alcohol made with an alcohol vaporizing device, and it also bans selling or possessing the device itself.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25621. (a) No person shall purchase, offer for sale, or use any vaporized form of alcohol produced by an alcohol vaporizing device. (b) For purposes of this section, “alcohol vaporizing device” means any device, machine, or process that mixes spirits, liquor, or other alcohol product with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation. (c) (1) Any person who sells or offers for sale any vaporized form of alcohol produced by an alcohol vaporizing device is guilty of a misdemeanor that shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both. (2) Any person who purchases or uses any vaporized form of alcohol produced by an alcohol vaporizing device is subject to a fine of two hundred fifty dollars ($250). (d) Any person who possesses, sells, or offers for sale any alcohol vaporizing device shall be guilty of a misdemeanor. (Added by Stats. 2006, Ch. 29, Sec. 1. Effective January 1, 2007.)
25621.5.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

A licensee may not sell, offer, or provide cannabis or cannabis products at licensed premises, and alcoholic beverages containing THC or cannabinoids may not be manufactured, sold, or offered for sale. The department must take disciplinary action against a violating licensee.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25621.5. (a) A licensee shall not, at its licensed premises, sell, offer, or provide cannabis or cannabis products, as defined in Section 26001, including an alcoholic beverage that contains cannabis or a cannabis product, and no alcoholic beverage shall be manufactured, sold, or offered for sale if it contains tetrahydrocannabinol or cannabinoids, regardless of source. (b) The department shall take disciplinary action against a licensee that violates this section, including, but not limited to, suspension or revocation of the license. (Added by Stats. 2018, Ch. 827, Sec. 1. (AB 2914) Effective January 1, 2019.)
25622.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

Beer with caffeine directly added as a separate ingredient may not be imported, produced, manufactured, distributed, or sold by a licensed retailer in the state. The department may also require licensees to submit product formulas.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25622. (a) Beer to which caffeine has been directly added as a separate ingredient shall not be imported into this state, produced, manufactured, or distributed within this state, or sold by a licensed retailer within this state. (b) The department may require licensees to submit product formulas as it determines to be necessary to implement and enforce this section. Any information required to be provided by any licensee to the department pursuant to this section shall be considered confidential and corporate proprietary information. This information shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 39. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
25623.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

Powdered alcohol may not be possessed, bought, sold, offered for sale, manufactured, distributed, or used.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25623. (a) A person shall not possess, purchase, sell, offer for sale, manufacture, distribute, or use powdered alcohol. (b) Any person who sells, offers for sale, manufactures, or distributes powdered alcohol is guilty of an infraction that shall be punishable by a fine of not more than five hundred dollars ($500). (Added by Stats. 2016, Ch. 778, Sec. 5. (SB 819) Effective January 1, 2017.)
25623.5.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

A person must not possess, buy, sell, offer for sale, make, distribute, or use powdered alcohol.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25623.5. (a) A person shall not possess, purchase, sell, offer for sale, manufacture, distribute, or use powdered alcohol. (b) Any person who purchases, possesses, or uses powdered alcohol is guilty of an infraction and subject to a fine of one hundred twenty-five dollars ($125). (Added by Stats. 2016, Ch. 742, Sec. 5. (AB 1554) Effective January 1, 2017.)
25624.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

Type 48 license applicants and licensees must offer drug testing devices for sale, post a required notice, and ensure devices are not expired; the section also says violations are not crimes.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25624. (a) For purposes of this section, the following definitions apply: (1) “Drug testing devices” means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink. (2) “Controlled substances” includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, also known by other names, including GHB, gamma hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate. (b) An applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license shall offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices. (c) A licensee subject to subdivision (b) shall post the following notice in a prominent and conspicuous location: “Don’t get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.” (d) This section does not prevent a Type 48 licensee from offering drug testing devices to their customers free of charge. (e) A Type 48 licensee shall not be held liable for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result. (f) A Type 48 licensee shall ensure that all testing devices offered to customers have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or otherwise recommended by the manufacturer. (g) Notwithstanding Section 25617, a violation of this section is not a crime. (h) The department shall post on its internet website a link to a page that contains information about the requirements of this section, including, but not limited to, the signage that is required to be posted and the types of drug testing devices that are required to be available on a Type 48 licensed premises. (i) This section shall be operative on July 1, 2024, and shall be repealed on January 1, 2027. (Amended by Stats. 2024, Ch. 714, Sec. 1. (AB 2375) Effective January 1, 2025. Repealed as of January 1, 2027, by its own provisions.)
25624.5.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

Type 48 license applicants and holders must contact law enforcement or emergency medical services and share listed information when told a customer may have been drugged or had a drink spiked.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25624.5. (a) For purposes of this section, the following definitions apply: (1) “Drug testing devices” means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink. (2) “Drink spiking,” also known as “roofied,” includes, but is not limited to, adding a controlled substance or alcohol to a person’s drink without the knowledge or consent of that person. (3) “Controlled substances” includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, also known by other names, including GHB, gamma hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate. (b) An applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license shall contact and provide any of the following information to law enforcement or emergency medical services when they are notified by a customer that the customer or another customer believes they have been a victim of drink spiking: (1) A positive test result from a drug testing device. (2) Observation of someone tampering with a customer’s drink. (3) Verbal communication to staff that a customer has been drugged. (4) Observation of symptoms associated with the effects of drink spiking or the controlled substances used for drink spiking. (5) Upon contacting law enforcement or emergency medical services, the licensee or a member of the staff shall, to the best of their ability, follow any instructions provided by law enforcement or emergency medical services personnel, and, to the best of their ability, monitor the customer until law enforcement or emergency medical services arrive at the premises to assess the customer. (c) Notwithstanding Section 25617, a violation of this section is not a crime. (Added by Stats. 2024, Ch. 310, Sec. 1. (AB 2389) Effective January 1, 2025.)
25625.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. )
Verify source ↗

Type 48 license applicants and holders must provide a drink lid on request and post a required notice; the licensee may charge a limited fee, may also give lids free, and first violations are only warned, not treated as crimes.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 1. In General [25600 - 25625] ( Article 1 added by Stats. 1953, Ch. 152. ) ## 25625. (a) (1) An applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license shall, upon request, provide a lid with a customer’s drink. For purposes of this section, “lid” means a removable cover of any size that attaches to the rim of a beverage. The lid is not required to fit all containers in which alcoholic beverages are served on the premises but shall fit at least one. (2) A licensee subject to this subdivision shall post the following notice in a prominent and conspicuous location: “Don’t get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.” (b) The licensee may charge an additional fee for providing a lid with a customer’s drink, which shall not exceed a reasonable amount based on the wholesale cost of those lids. (c) This section does not prevent a Type 48 licensee from offering lids to their customers free of charge. (d) Notwithstanding Section 25617, a violation of this section is not a crime. (e) A sole violation of this section, including the notice requirement in this section, shall result only in a warning by the department for the first offense. (f) This section shall become operative July 1, 2025, and shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2024, Ch. 714, Sec. 2. (AB 2375) Effective January 1, 2025. Operative July 1, 2025, by its own provisions. Repealed as of January 1, 2027, by its own provisions.)
25631.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Hours of Sale and Delivery of Alcoholic Beverages [25631 - 25633] ( Article 2 added by Stats. 1953, Ch. 152. )
Verify source ↗

It is a misdemeanor for a licensee, the licensee’s agent or employee, or a person who knowingly buys alcohol to sell, give, deliver, or purchase alcoholic beverages between 2 a.m. and 6 a.m.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Hours of Sale and Delivery of Alcoholic Beverages [25631 - 25633] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 25631. Any on- or off-sale licensee, or agent or employee of that licensee, who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2 o’clock a.m. and 6 o’clock a.m. of the same day, is guilty of a misdemeanor. For the purposes of this section, on the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, “2 o’clock a.m.” means two hours after midnight of the day preceding the day such change occurs. (Amended by Stats. 2007, Ch. 744, Sec. 3. Effective January 1, 2008.)
25631.5.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Hours of Sale and Delivery of Alcoholic Beverages [25631 - 25633] ( Article 2 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section lets alcoholic beverage sales happen between 2 a.m. and 4 a.m. at a specified enclosed arena in Inglewood only if listed conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Hours of Sale and Delivery of Alcoholic Beverages [25631 - 25633] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 25631.5. (a) Notwithstanding Section 25631, alcoholic beverage sales may occur between 2 a.m. and 4 a.m. upon the on-sale licensed premises operated in a fully enclosed arena with a seating capacity of at least 18,000 seats located in the City of Inglewood if all of the following conditions are met: (1) The licensee files a request with the governing body of the City of Inglewood for adoption of an ordinance that would allow alcoholic beverage sales to occur between 2 a.m. and 4 a.m. upon the on-sale licensed premises operated in a fully enclosed arena with a seating capacity of at least 18,000 seats located in the City of Inglewood, the governing body adopts such an ordinance, and the ordinance is submitted to the department. (2) Within 30 consecutive days of filing the request pursuant to paragraph (1), the licensee notifies local law enforcement agencies of the request. (3) The sales occur in an area in the arena no larger than 2,500 square feet, with a maximum capacity of 100 persons. (4) The on-sale licensed premises are restricted between 2 a.m. and 4 a.m. only to patrons who are 21 years of age or older. (5) The sales occur in a private area in the arena that is available only to members of a private club who are assessed dues in order to belong to the club and thereby gain access to the area, and guests of those members, when the member is in attendance. (6) The sales occur in the hours immediately following a day on which a sporting event, concert, or other major event, or a private event not open to the public, has occurred in the arena. (7) All persons engaged in the sale or service of alcoholic beverages between 2 a.m. and 4 a.m. have successfully completed a Responsible Beverage Service training course pursuant to Article 4 (commencing with Section 25680). (8) The licensee has a permit issued by the department pursuant to Section 23398.7. (b) The department may adopt rules as it determines to be necessary for the administration of this section. (c) The City of Inglewood shall submit a report to the department on the impact of these provisions one year after any licensee is issued a permit from the department pursuant to Section 23398.7 and once annually thereafter. The report shall include information on any impact the additional service hours had on crime rates in the city, including arrests for driving under the influence, and related crimes. (d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2024, Ch. 977, Sec. 2. (AB 3206) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions.)
25632.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Hours of Sale and Delivery of Alcoholic Beverages [25631 - 25633] ( Article 2 added by Stats. 1953, Ch. 152. )
Verify source ↗

Retail licensees, and their agents or employees, must not let alcohol be consumed on licensed premises during hours when on-premises sale, gift, or delivery is unlawful.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Hours of Sale and Delivery of Alcoholic Beverages [25631 - 25633] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 25632. Any retail licensee, or agent or employee of such licensee, who permits any alcoholic beverage to be consumed by any person on the licensee’s licensed premises during any hours in which it is unlawful to sell, give, or deliver any alcoholic beverage for consumption on the premises is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 152.)
25633.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Hours of Sale and Delivery of Alcoholic Beverages [25631 - 25633] ( Article 2 added by Stats. 1953, Ch. 152. )
Verify source ↗

Licensed manufacturers, winegrowers, certain agents, rectifiers, and wholesalers generally may not deliver alcoholic beverages to on-sale or off-sale licensees on Sunday, or outside 3 a.m. to 8 p.m. on other days, subject to stated exceptions.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 2. Hours of Sale and Delivery of Alcoholic Beverages [25631 - 25633] ( Article 2 added by Stats. 1953, Ch. 152. ) ## 25633. Except as otherwise provided in this section, no person licensed as a manufacturer, winegrower, distilled spirits manufacturer’s agent, rectifier, or wholesaler of any alcoholic beverage shall deliver or cause to be delivered any alcoholic beverage to or for any person holding an on-sale or off-sale license on Sunday or except between the hours of 3 a.m. and 8 p.m. of any day other than Sunday. Any alcoholic beverage may be delivered at the platform of the manufacturing, producing, or distributing plant at any time. Nothing contained in this section prohibits the transportation or the carriage and delivery in transit at any time of any alcoholic beverage between the premises of a manufacturer, winegrower, wholesaler, distiller, importer, or any of them. Every person violating the provisions of this section is guilty of a misdemeanor. (Amended by Stats. 1996, Ch. 334, Sec. 1. Effective August 8, 1996.)
2564.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2. Contact Lens Dispensing [2560 - 2564.6] ( Article 2 added by Stats. 1982, Ch. 418, Sec. 8. )
Verify source ↗

This section says the article does not apply to an assistant fitting contact lenses when acting under the direct responsibility and supervision of a physician and surgeon or optometrist covered by Section 2544.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2. Contact Lens Dispensing [2560 - 2564.6] ( Article 2 added by Stats. 1982, Ch. 418, Sec. 8. ) ## 2564. The provisions of this article shall not apply to an assistant fitting contact lenses while acting under the direct responsibility and supervision of a physician and surgeon or optometrist who engages in the practice of fitting contact lenses for his or her patients under Section 2544. (Amended by Stats. 2010, Ch. 604, Sec. 4. (AB 2683) Effective January 1, 2011.)
2564.5.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2. Contact Lens Dispensing [2560 - 2564.6] ( Article 2 added by Stats. 1982, Ch. 418, Sec. 8. )
Verify source ↗

A registered contact lens dispenser fitting contact lenses must keep accessible handwashing facilities on the premises and use them before each fitting.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2. Contact Lens Dispensing [2560 - 2564.6] ( Article 2 added by Stats. 1982, Ch. 418, Sec. 8. ) ## 2564.5. A registered contact lens dispenser fitting contact lenses shall maintain accessible handwashing facilities on the premises and those facilities shall be used before each fitting of contact lenses. For purposes of this section, “accessible handwashing facilities” means a clean and sanitary sink with clean running water, disinfectant soap, and adequate drying devices such as a towel or electric hand dryer, which is physically separate from a lavatory or bathroom and is accessible to all relevant persons. (Amended by Stats. 2025, Ch. 788, Sec. 9. (SB 776) Effective January 1, 2026.)
2564.6.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2. Contact Lens Dispensing [2560 - 2564.6] ( Article 2 added by Stats. 1982, Ch. 418, Sec. 8. )
Verify source ↗

A registered contact lens dispenser must comply with the applicable provisions of Section 2541.2.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2. Contact Lens Dispensing [2560 - 2564.6] ( Article 2 added by Stats. 1982, Ch. 418, Sec. 8. ) ## 2564.6. A registered contact lens dispenser shall comply with the applicable provisions of Section 2541.2. (Amended by Stats. 2025, Ch. 788, Sec. 10. (SB 776) Effective January 1, 2026.)
2564.70.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. )
Verify source ↗

This section gives the act its short title: the “Nonresident Ophthalmic Lens Dispenser Registration Act.”

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. ) ## 2564.70. This act may be cited as the “Nonresident Ophthalmic Lens Dispenser Registration Act.” (Added by renumbering Section 2546 by Stats. 2021, Ch. 630, Sec. 26. (AB 1534) Effective January 1, 2022.)
2564.71.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. )
Verify source ↗

Outside-California persons or entities may not retail-ship ophthalmic lenses to a California patient unless registered with the California State Board of Optometry; registered persons or entities may directly ship only spectacle lenses and replacement contact lenses tied to a valid prescription.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. ) ## 2564.71. (a) A person or entity located outside California shall not ship, mail, furnish, or deliver in any manner, ophthalmic lenses at retail to a patient at a California address unless the person is registered with the California State Board of Optometry. (b) With regard to any person or entity subject to registration pursuant to this section, only spectacle lenses and replacement contact lenses provided pursuant to a valid prescription as described in Section 2564.76 may be shipped, mailed, furnished, or delivered directly to a patient. (Amended by Stats. 2025, Ch. 788, Sec. 11. (SB 776) Effective January 1, 2026.)
2564.73.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. )
Verify source ↗

The board may adopt, amend, or repeal rules and regulations needed to carry out this article.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. ) ## 2564.73. The board may adopt, amend, or repeal any rules and regulations that are reasonably necessary to carry out this article. (Added by renumbering Section 2546.3 by Stats. 2021, Ch. 630, Sec. 29. (AB 1534) Effective January 1, 2022.)
2564.74.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. )
Verify source ↗

A nonresident ophthalmic lens dispenser must apply on board-prescribed forms, pay the required fee, include specified business and agent information, and report certain changes to the board within 30 days.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. ) ## 2564.74. (a) Application for registration as a nonresident ophthalmic lens dispenser shall be made on forms prescribed by the board, accompanied by the fee prescribed by this article, and shall bear the signature of the individual, or individuals if a copartnership, or the president or secretary if a corporation, and shall contain the name or fictitious or assumed name, if applicable, under which the person proposes to do business, location of the business, registration number issued by the board, if applicable, and the designation of an agent for service of process in California. (b) The board shall be notified in writing within 30 days of any change of name or fictitious or assumed name, location of business, corporate officer, or agent of service. (Added by renumbering Section 2546.4 by Stats. 2021, Ch. 630, Sec. 30. (AB 1534) Effective January 1, 2022.)
2564.75.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. )
Verify source ↗

A nonresident ophthalmic lens dispenser must satisfy registration-related conditions and provide specified customer, patient, and prescriber contact and notice information.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. ) ## 2564.75. In order to obtain and maintain registration, a nonresident ophthalmic lens dispenser shall: (a) Be in good standing and either registered or otherwise authorized in the state or jurisdiction in which the selling facility is located and from which the ophthalmic lenses are sold. (b) Comply with all directions and requests for information made by the board as authorized under this article. (c) Maintain records of ophthalmic lenses shipped, mailed, furnished, or delivered to patients in California for a period of at least three years. (d) Provide a toll-free telephone service for responding to patient questions and complaints during the applicant’s regular hours of operation, but in no event less than six days per week and 40 hours per week. The toll-free number shall be included in literature provided with each mailed ophthalmic lens prescription. All questions relating to eye care for the lens prescribed shall be referred back to the ophthalmic lens prescriber. (e) Provide the following or a substantially equivalent written notification to the patient whenever contact lenses are supplied: WARNING: IF YOU ARE HAVING ANY UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR REDNESS, REMOVE YOUR LENSES IMMEDIATELY AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR LENSES AGAIN. (f) Disclose in any price advertisement any required membership fees or enrollment fees and indicate that shipping costs may apply unless the advertisement specifically and clearly states otherwise. (g) Provide a toll-free telephone number, facsimile line, and email address that are dedicated to prescribers and their authorized agents for the purposes of confirmation of ophthalmic lens prescriptions. These numbers, along with an email address, shall be included in any communication with the prescriber when requesting confirmation of an ophthalmic lens prescription. (h) It shall be considered a deceptive marketing practice for any nonresident ophthalmic lens dispenser to publish or cause to be published any advertisement or sales presentation relating to ophthalmic lenses representing that ophthalmic lenses may be obtained without confirmation of a valid prescription. (Added by renumbering Section 2546.5 by Stats. 2021, Ch. 630, Sec. 31. (AB 1534) Effective January 1, 2022.)
2564.76.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. )
Verify source ↗

Contact lenses may be sold only with a written prescription, and dispensers must verify or confirm prescriptions before shipping or delivering lenses when a copy is unavailable.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. ) ## 2564.76. (a) Contact lenses may be sold only upon receipt of a written prescription or a copy of a written prescription and may be sold in quantities consistent with the prescription’s established expiration date and the standard packaging of the manufacturer or vendor. If the written prescription or a copy of it is not available to the dispenser, the dispenser shall confirm the prescription by direct communication with the prescriber or the prescriber’s authorized agent before furnishing, shipping, mailing, or delivering any lens, and maintain a record of the communication. A prescription shall be deemed confirmed upon the occurrence of one of the following: (1) The prescriber or the prescriber’s agent confirms the prescription by communication with the dispenser. (2) The prescriber fails to communicate with the dispenser within eight business hours after the dispenser requests confirmation, or the prescriber fails to communicate with the dispenser by the next business day on or before the same time of day that the dispenser requested confirmation, whichever is sooner. For purposes of this paragraph, “business day” means each day except a Sunday or a federal holiday. (b) If a prescriber communicates with a dispenser before the time period described in paragraph (2) of subdivision (a) elapses and informs the dispenser that the contact lens prescription is invalid, the dispenser shall not fill the prescription. The prescriber shall specify in the communication with the dispenser the basis for invalidating the prescription. (c) A dispenser shall not alter any of the specifications of a contact lens prescription, other than the color, or substitute a different manufacturer, brand, or other physical property of the lens. (d) Notwithstanding the provisions of this section, if the contact lens is manufactured by a company, but sold under multiple private labels by that same company to individual providers, the dispenser may fill the prescription with a contact lens manufactured by that company if the contact lens prescription and the related parameters are not substituted, changed, or altered for a different manufacturer or brand. (Amended by Stats. 2025, Ch. 788, Sec. 12. (SB 776) Effective January 1, 2026.)
2564.77.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. )
Verify source ↗

A certificate can be denied, suspended, revoked, or otherwise disciplined for listed misconduct, and the board must conduct the proceedings under the Government Code procedures.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. ) ## 2564.77. (a) A certificate may be denied, to the extent authorized by Section 480, or suspended, revoked, or otherwise subjected to discipline for any of the following: (1) Incompetence, gross negligence, or repeated similar negligent acts performed by the registrant or any employee of the registrant. (2) An act of dishonesty or fraud. (3) Committing any act or being convicted of a crime constituting grounds for denial of licensure or registration under Section 480. (4) Any violation of Section 2564.75 or 2564.76. (b) The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all powers granted therein. (Added by renumbering Section 2546.7 by Stats. 2021, Ch. 630, Sec. 33. (AB 1534) Effective January 1, 2022.)
2564.78.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. )
Verify source ↗

A nonresident ophthalmic lens dispenser’s registration expires 24 months after issuance, and renewal must be filed before expiration with the board’s form and required renewal fee.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. ) ## 2564.78. Every registration issued to a nonresident ophthalmic lens dispenser shall expire 24 months after the initial date of issuance. To renew an unexpired registration, the registrant shall, before the time at which the license would otherwise expire, apply for renewal on a form prescribed by the board, and pay the renewal fee prescribed by this article. (Added by renumbering Section 2546.8 by Stats. 2021, Ch. 630, Sec. 34. (AB 1534) Effective January 1, 2022.)
2564.79.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. )
Verify source ↗

This section sets the fee schedule for nonresident ophthalmic lens dispenser registration and lets the California State Board of Optometry revise certain fees by regulation.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. ) ## 2564.79. The amount of fees prescribed in connection with the registration of nonresident ophthalmic lens dispensers is that established by the following schedule: (a) The application and registration fee for a nonresident ophthalmic lens dispenser shall be a minimum of five hundred dollars ($500) and shall not exceed six hundred dollars ($600). (b) The biennial renewal fee shall be a minimum of three hundred dollars ($300) and shall not exceed four hundred dollars ($400). (c) The delinquency fee shall be a minimum of fifty dollars ($50) and shall not exceed seventy-five dollars ($75). (d) The fee for replacement of a lost, stolen, or destroyed registration shall be twenty-five dollars ($25). (e) The California State Board of Optometry may periodically revise and fix by regulation the fees specified in subdivisions (a), (b), and (c), and these revised fees shall not exceed the reasonable regulatory cost. (f) The fees collected pursuant to this chapter shall be deposited in the Optometry Fund, and shall be available, upon appropriation, to the California State Board of Optometry for the purposes of this chapter. (Amended by Stats. 2025, Ch. 788, Sec. 13. (SB 776) Effective January 1, 2026.)
2564.80.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. )
Verify source ↗

If a person violates this chapter, they can be fined $1,000 to $35,000 per violation. The California State Board of Optometry must adopt implementing regulations and consider specified enforcement factors. Proceedings under this section must follow Government Code Chapter 5 procedures.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.5. Nonresident Ophthalmic Lens Dispensers [2564.70 - 2564.80] ( Article 2.5 heading added by Stats. 2021, Ch. 630, Sec. 65. ) ## 2564.80. (a) Any person who violates any of the provisions of this chapter shall be subject to a fine of not less than one thousand dollars ($1,000) nor more than thirty-five thousand dollars ($35,000) per violation. The fines collected pursuant to this section shall be available upon appropriation to the California State Board of Optometry for the purposes of administration and enforcement. (b) The California State Board of Optometry shall adopt regulations implementing this section and shall consider the following factors, including, but not limited to, applicable enforcement penalties, prior conduct, gravity of the offense, and the manner in which complaints will be processed. (c) The proceedings under this section shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by renumbering Section 2546.10 by Stats. 2021, Ch. 630, Sec. 36. (AB 1534) Effective January 1, 2022.)
2564.90.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.7. Registered Dispensing Ophthalmic Businesses [2564.90 - 2564.94] ( Article 2.7 heading added by Stats. 2021, Ch. 630, Sec. 66. )
Verify source ↗

This section defines “Dispensing Ophthalmic Business” for this chapter.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.7. Registered Dispensing Ophthalmic Businesses [2564.90 - 2564.94] ( Article 2.7 heading added by Stats. 2021, Ch. 630, Sec. 66. ) ## 2564.90. For purposes of this chapter, “Dispensing Ophthalmic Business” means a person or entity that meets either of the following criteria: (a) Is engaged in the business of dispensing prescription ophthalmic devices, as defined in Section 2541. (b) Satisfies both of the following requirements: (1) Has executed a lease, sublease, contract, or other written agreement with a licensed physician and surgeon or optometrist, or a corporation or other business entity for which a licensed physician and surgeon or optometrist is a shareholder, director, or officer. (2) Offers, advertises, or performs optical services for the general public on behalf of a licensed physician and surgeon or optometrist, or a corporation or other business entity for which a licensed physician and surgeon or optometrist is a shareholder, director, or officer. (Repealed and added by Stats. 2025, Ch. 788, Sec. 15. (SB 776) Effective January 1, 2026.)
2564.91.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.7. Registered Dispensing Ophthalmic Businesses [2564.90 - 2564.94] ( Article 2.7 heading added by Stats. 2021, Ch. 630, Sec. 66. )
Verify source ↗

Individuals, corporations, and firms must apply for registration before starting the registered dispensing ophthalmic business.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.7. Registered Dispensing Ophthalmic Businesses [2564.90 - 2564.94] ( Article 2.7 heading added by Stats. 2021, Ch. 630, Sec. 66. ) ## 2564.91. (a) Individuals, corporations, and firms shall make application for registration and shall not engage in that business defined in Section 2564.90 before being issued a certificate of registration. (b) Application for that registration shall be on forms prescribed by the board, shall bear the signature of the individual, or general partners if a partnership, or the president or secretary if a corporation or firm, and shall contain the name under which they propose to do business and the business address. (c) Corporations and firms shall be organized and exist pursuant to the General Corporation Law (Division 1 (commencing with Section 100) of Title 1 of the Corporations Code) and shall not be limited liability companies within the meaning of Title 2.6 of the Corporations Code. (d) If applicable, the application shall include a list of officers in the corporation, firm, or partnership and a copy of the articles of incorporation submitted to the Secretary of State. (e) Separate applications shall be made for each place of business and each application shall be accompanied by the application fee prescribed by Section 2565. (Added by renumbering Section 2551 by Stats. 2021, Ch. 630, Sec. 41. (AB 1534) Effective January 1, 2022.)
2564.92.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.7. Registered Dispensing Ophthalmic Businesses [2564.90 - 2564.94] ( Article 2.7 heading added by Stats. 2021, Ch. 630, Sec. 66. )
Verify source ↗

Applicants must verify applications under oath, identify the employee handling customer inquiries and complaints, and report changes to that information to the board within 14 days. The board may request additional information and must notify applicants if applications are incomplete.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.7. Registered Dispensing Ophthalmic Businesses [2564.90 - 2564.94] ( Article 2.7 heading added by Stats. 2021, Ch. 630, Sec. 66. ) ## 2564.92. (a) Each application shall be verified under oath by the person required to sign the application and shall designate the name, address, and direct business telephone number of the applicant’s employee who will be responsible for handling customer inquiries and complaints with respect to the business address for which registration is applied. Any changes to this information shall be reported in writing to the board within 14 days. (b) The applicant shall furnish such additional information or proof, oral or written, which the board may request, including information and proof relating to the provisions of Division 1.5 (commencing with Section 475). (c) The board shall promptly notify an applicant if, as of the 30th day following the submission of an application under this chapter, the application and supporting documentation are not substantially complete and in proper form. The notification shall be in writing, shall state specifically what documents or other information are to be supplied by the applicant to the board, and shall be sent to the applicant by certified, electronic, or registered mail. Within 30 days of the applicant’s submission of the requested documents or information to the board, the board shall notify the applicant by certified, electronic, or registered mail if the board requires additional documents or information. (Added by Stats. 2021, Ch. 630, Sec. 67. (AB 1534) Effective January 1, 2022.)
2564.93.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.7. Registered Dispensing Ophthalmic Businesses [2564.90 - 2564.94] ( Article 2.7 heading added by Stats. 2021, Ch. 630, Sec. 66. )
Verify source ↗

If the board approves an application after investigation, it must register the applicant and issue a dispensing ophthalmic business certificate.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.7. Registered Dispensing Ophthalmic Businesses [2564.90 - 2564.94] ( Article 2.7 heading added by Stats. 2021, Ch. 630, Sec. 66. ) ## 2564.93. (a) If the board, after investigation, approves the application, it shall register the applicant and issue to the applicant a certificate of dispensing ophthalmic business. A separate certificate of registration shall be required for each address where the business is to be conducted. (b) A certificate authorizes the applicant, its agents, and employees, acting therefor, to engage in the business defined in Section 2564.90 provided that the fitting and adjusting of spectacle lenses is performed in compliance with Article 1.5 (commencing with Section 2559.1) and the fitting and adjusting of contact lenses is performed in compliance with Article 2 (commencing with Section 2560). Only individuals registered with the board pursuant to those sections shall perform those supervisory functions. (Added by Stats. 2021, Ch. 630, Sec. 68. (AB 1534) Effective January 1, 2022.)
2564.94.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.7. Registered Dispensing Ophthalmic Businesses [2564.90 - 2564.94] ( Article 2.7 heading added by Stats. 2021, Ch. 630, Sec. 66. )
Verify source ↗

If a registered dispensing ophthalmic business sells or transfers its place of business, it must return its certificate, file ownership-change notice, and apply for a new certificate within 10 calendar days.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 2.7. Registered Dispensing Ophthalmic Businesses [2564.90 - 2564.94] ( Article 2.7 heading added by Stats. 2021, Ch. 630, Sec. 66. ) ## 2564.94. (a) If a registered dispensing ophthalmic business sells or transfers ownership of their place of business, both of the following requirements shall be satisfied: (1) The registered dispensing ophthalmic business selling or transferring ownership of the business shall return the certificate of registration to the board no later than 10 calendar days after the change of ownership is completed. This registered dispensing ophthalmic business shall be responsible for complying with all laws relating to the dispensing ophthalmic business until the notice described in paragraph (2) is received by the board. (2) The registered dispensing ophthalmic business assuming ownership of the business shall record with the board a written notice of the change of ownership, providing all information required by the board. This notice shall be filed with the board no later than 10 calendar days after the change of ownership is completed. (3) The registered dispensing ophthalmic business assuming ownership of the business shall apply for a new certificate of registration from the board no later than 10 calendar days after the change of ownership is completed. (b) This section does not apply to a change of location of business by a registered dispensing optician. (Added by renumbering Section 2553.1 by Stats. 2021, Ch. 630, Sec. 45. (AB 1534) Effective January 1, 2022.)
2565.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 3. Fiscal Provisions [2565 - 2568] ( Article 3 added by Stats. 1982, Ch. 418, Sec. 9. )
Verify source ↗

This section sets fee ranges and a replacement fee for registering dispensing ophthalmic businesses, and lets the California State Board of Optometry revise certain fees by regulation within a cost limit.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 3. Fiscal Provisions [2565 - 2568] ( Article 3 added by Stats. 1982, Ch. 418, Sec. 9. ) ## 2565. The amount of fees prescribed in connection with the registration of dispensing ophthalmic businesses shall be as set forth in this section. (a) The application and registration fee shall be a minimum of five hundred dollars ($500) and shall not exceed six hundred dollars ($600). (b) The biennial renewal fee shall be a minimum of three hundred dollars ($300) and shall not exceed four hundred dollars ($400). (c) The delinquency fee shall be a minimum of fifty dollars ($50) and shall not exceed seventy-five dollars ($75). (d) The fee for replacement of a lost, stolen, or destroyed certificate shall be twenty-five dollars ($25). (e) The California State Board of Optometry may periodically revise and fix by regulation the fees specified in subdivisions (a), (b), and (c), and these revised fees shall not exceed the reasonable regulatory cost. (Amended by Stats. 2025, Ch. 788, Sec. 16. (SB 776) Effective January 1, 2026.)
25657.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section makes it unlawful to hire or pay people to promote alcohol sales on licensed on-sale premises, and to use or allow loitering or solicitation in places where alcohol is sold for on-premises consumption.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25657. It is unlawful: (a) For any person to employ, upon any licensed on-sale premises, any person for the purpose of procuring or encouraging the purchase or sale of alcoholic beverages, or to pay any such person a percentage or commission on the sale of alcoholic beverages for procuring or encouraging the purchase or sale of alcoholic beverages on such premises. (b) In any place of business where alcoholic beverages are sold to be consumed upon the premises, to employ or knowingly permit anyone to loiter in or about said premises for the purpose of begging or soliciting any patron or customer of, or visitor in, such premises to purchase any alcoholic beverages for the one begging or soliciting. Every person who violates the provisions of this section is guilty of a misdemeanor. (Amended by Stats. 1971, Ch. 151.)
25658.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section makes it a misdemeanor to give, sell, or furnish alcohol to anyone under 21, and also punishes under-21 purchases or consumption in on-sale premises, with specific penalties and exceptions.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25658. (a) Except as otherwise provided in subdivision (c), every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor. (b) Except as provided in Section 25667 or 25668, any person under 21 years of age who purchases any alcoholic beverage, or any person under 21 years of age who consumes any alcoholic beverage in any on-sale premises, is guilty of a misdemeanor. (c) Any person who violates subdivision (a) by purchasing any alcoholic beverage for, or furnishing, giving, or giving away any alcoholic beverage to, a person under 21 years of age, and the person under 21 years of age thereafter consumes the alcohol and thereby proximately causes great bodily injury or death to themselves or any other person, is guilty of a misdemeanor. (d) Any on-sale licensee who knowingly permits a person under 21 years of age to consume any alcoholic beverage in the on-sale premises, whether or not the licensee has knowledge that the person is under 21 years of age, is guilty of a misdemeanor. (e) (1) Except as otherwise provided in paragraph (2) or (3), or Section 25667 or 25668, any person who violates this section shall be punished by a fine of two hundred fifty dollars ($250), no part of which shall be suspended, or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed and is not attending school, or a combination of a fine and community service as determined by the court. A second or subsequent violation of subdivision (b), where prosecution of the previous violation was not barred pursuant to Section 25667 or 25668, shall be punished by a fine of not more than five hundred dollars ($500), or the person shall be required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed and is not attending school, or a combination of a fine and community service as determined by the court. It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner’s office, if available, in the area where the violation occurred or where the person resides. (2) Except as provided in paragraph (3), any person who violates subdivision (a) by furnishing an alcoholic beverage, or causing an alcoholic beverage to be furnished, to a minor shall be punished by a fine of one thousand dollars ($1,000), no part of which shall be suspended, and the person shall be required to perform not less than 24 hours of community service during hours when the person is not employed and is not attending school. (3) Any person who violates subdivision (c) shall be punished by imprisonment in a county jail for a minimum term of six months not to exceed one year, by a fine of three thousand dollars ($3,000), or by both imprisonment and fine. (f) Persons under 21 years of age may be used by peace officers in the enforcement of this section to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish alcoholic beverages to minors. Notwithstanding subdivision (b), any person under 21 years of age who purchases or attempts to purchase any alcoholic beverage while under the direction of a peace officer is immune from prosecution for that purchase or attempt to purchase an alcoholic beverage. Guidelines with respect to the use of persons under 21 years of age as decoys shall be adopted and published by the department in accordance with the rulemaking portion of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Law enforcement-initiated minor decoy programs in operation prior to the effective date of regulatory guidelines adopted by the department shall be authorized as long as the minor decoy displays to the seller of alcoholic beverages the appearance of a person under 21 years of age. This subdivision shall not be construed to prevent the department from taking disciplinary action against a licensee who sells alcoholic beverages to a minor decoy prior to the department’s final adoption of regulatory guidelines. After the completion of every minor decoy program performed under this subdivision, the law enforcement agency using the decoy shall notify licensees within 72 hours of the results of the program. When the use of a minor decoy results in the issuance of a citation, the notification required shall be given to licensees and the department within 72 hours of the issuance of the citation. A law enforcement agency may comply with this requirement by leaving a written notice at the licensed premises addressed to the licensee, or by mailing a notice addressed to the licensee. (g) The penalties imposed by this section do not preclude prosecution or the imposition of penalties under any other provision of law, including, but not limited to, Section 272 of the Penal Code. (Amended by Stats. 2023, Ch. 613, Sec. 3. (SB 498) Effective January 1, 2024.)
25658.1.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

A licensee cannot ask for an offer in compromise for a third or later Section 25658 violation within 36 months of the first violation, and the department may revoke the license for a third violation in any 36-month period.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25658.1. (a) Notwithstanding any other provision of this division, no licensee may petition the department for an offer in compromise pursuant to Section 23095 for a third or any subsequent violation of Section 25658 that occurs within 36 months of the initial violation. (b) Notwithstanding Section 24200, the department may revoke a license for a third violation of Section 25658 that occurs within any 36-month period. This provision shall not be construed to limit the department’s authority and discretion to revoke a license prior to a third violation when the circumstances warrant that penalty. (c) For purposes of this section, no violation may be considered for purposes of determination of the penalty until it has become final. (Amended by Stats. 2004, Ch. 227, Sec. 8. Effective August 16, 2004.)
25658.2.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

A parent or legal guardian may not knowingly let an under-18 child, or someone with the child, consume alcohol or use a controlled substance at the parent’s home when the stated post-use driving and collision conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25658.2. (a) A parent or legal guardian who knowingly permits his or her child, or a person in the company of the child, or both, who are under the age of 18 years, to consume an alcoholic beverage or use a controlled substance at the home of the parent or legal guardian is guilty of misdemeanor if all of the following occur: (1) As the result of the consumption of an alcoholic beverage or use of a controlled substance at the home of the parent or legal guardian, the child or other underage person has a blood-alcohol concentration of 0.05 percent or greater, as measured by a chemical test, or is under the influence of a controlled substance. (2) The parent knowingly permits that child or other underage person, after leaving the parent’s or legal guardian’s home, to drive a vehicle. (3) That child or underage person is found to have caused a traffic collision while driving the vehicle. (b) A person who violates subdivision (a) shall be punished by imprisonment in a county jail for a term not to exceed one year, by a fine not exceeding one thousand dollars ($1,000), or by both imprisonment and fine. (Added by Stats. 2003, Ch. 625, Sec. 1. Effective January 1, 2004.)
25658.4.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

Clerks may not make an off-sale alcohol sale unless they complete an application and acknowledgment on the first day of the sale, and licensees must keep required paperwork and notices available.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25658.4. (a) No clerk shall make an off sale of alcoholic beverages unless the clerk executes under penalty of perjury on the first day of that sale an application and acknowledgment. The application and acknowledgment shall be in a form understandable to the clerk. (1) The department shall specify the form of the application and acknowledgment, which shall include at a minimum a summary of this division pertaining to the following: (A) The prohibitions contained in Sections 25658 and 25658.5 pertaining to the sale to, and purchase of, alcoholic beverages by persons under 21 years of age. (B) Bona fide evidence of majority as provided in Section 25660. (C) Hours of operation as provided in Article 2 (commencing with Section 25631). (D) The prohibitions contained in subdivision (a) of Section 25602 and Section 25602.1 pertaining to sales to an intoxicated person. (E) Sections 23393 and 23394 as they pertain to on-premises consumption of alcoholic beverages in an off-sale premises. (F) The requirements and prohibitions contained in Section 25659.5 pertaining to sales of keg beer for consumption off licensed premises. (2) The application and acknowledgment shall also include a statement that the clerk has read and understands the summary, a statement that the clerk has never been convicted of violating this division or, if convicted, an explanation of the circumstances of each conviction, and a statement that the application and acknowledgment is executed under penalty of perjury. (3) The licensee shall keep the executed application and acknowledgment on the premises at all times and available for inspection by the department. A licensee with more than one licensed off-sale premises in the state may comply with this subdivision by maintaining an executed application and acknowledgment at a designated licensed premises, regional office, or headquarters office in the state. An executed application and acknowledgment maintained at the designated locations shall be valid for all licensed off-sale premises owned by the licensee. Any licensee maintaining an application and acknowledgment at a designated site other than the individual licensed off-sale premises shall notify the department in advance and in writing of the site where the application and acknowledgment shall be maintained and available for inspection. A licensee electing to maintain an application and acknowledgments at a designated site other than the licensed premises shall maintain at each licensed premises a notice of where the executed application and acknowledgments are located. Any licensee with more than one licensed off-sale premises who elects to maintain the application and acknowledgments at a designated site other than each licensed premises shall provide the department, upon written demand, a copy of any employee’s executed application and acknowledgment within 10 business days. A violation of this subdivision by a licensee constitutes grounds for discipline by the department. (b) The licensee shall post a notice that contains and describes, in concise terms, prohibited sales of alcoholic beverages, a statement that the off-sale seller will refuse to make a sale if the seller reasonably suspects that the Alcoholic Beverage Control Act may be violated. The notice shall be posted at an entrance or at a point of sale in the licensed premises or in any other location that is visible to purchasers of alcoholic beverages and to the off-sale seller. (c) A retail licensee shall post a notice that contains and describes, in concise terms, the fines and penalties for any violation of Section 25658, relating to the sale of alcoholic beverages to, or the purchase of alcoholic beverages by, any person under 21 years of age. (d) Nonprofit organizations or licensees may obtain video recordings and other training materials from the department on the Licensee Education on Alcohol and Drugs (LEAD) program. The video recordings and training materials may be updated periodically and may be provided in English and other languages, and when made available by the department, shall be provided at cost. (e) As used in this section: (1) “Off-sale seller” means any person holding a retail off-sale license issued by the department and any person employed by that licensee who in the course of that employment sells alcoholic beverages. (2) “Clerk” means an off-sale seller who is not a licensee. (f) The department may adopt rules and appropriate fees for licensees that it determines necessary for the administration of this section. (Amended by Stats. 2019, Ch. 505, Sec. 2. (SB 485) Effective January 1, 2020.)
25658.5.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

People under 21 who try to buy alcohol from a licensee or the licensee’s agent or employee commit an infraction and can be fined, ordered to do community service, or both.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25658.5. (a) Any person under 21 years of age who attempts to purchase any alcoholic beverage from a licensee, or the licensee’s agent or employee, is guilty of an infraction and shall be punished by a fine of not more than two hundred fifty dollars ($250), or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service as determined by the court. A second or subsequent violation of this section shall be punished by a fine of not more than five hundred dollars ($500), or the person shall be required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service, as the court deems just. It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner’s office, if available, in the area where the violation occurred or where the person resides. (b) The penalties imposed by this section do not preclude prosecution or the imposition of penalties under any other provision of law. (Amended by Stats. 2019, Ch. 505, Sec. 3. (SB 485) Effective January 1, 2020.)
25659.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

A licensee, or the licensee’s agent or employee, may refuse alcohol service to someone who cannot show written proof they are over 21, and may seize false or under-21 identification if the statutory conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25659. For the purpose of preventing the violation of Section 25658, any licensee, or his or her agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over the age of 21 years. A licensee, or his or her agent or employee, may seize any identification presented by a person that shows the person to be under the age of 21 years or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within 24 hours of seizure to the local law enforcement agency that has jurisdiction over the licensed premises. A licensee, his or her agent or employees decision to not seize a license shall not create any civil or criminal liability. (Amended by Stats. 1998, Ch. 565, Sec. 2. Effective January 1, 1999.)
25659.5.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

Retail licensees selling keg beer for off-premises consumption must tag kegs and require a purchaser-signed receipt; certain records must be kept and fees may be charged for the forms and labels.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25659.5. (a) Retail licensees selling keg beer for consumption off licensed premises shall place an identification tag on all kegs of beer at the time of sale and shall require the signing of a receipt for the keg of beer by the purchaser in order to allow kegs to be traced if the contents are used in violation of this article. The keg identification shall be in the form of a numbered label prescribed and supplied by the department that identifies the seller. The receipt shall be on a form prescribed and supplied by the department and shall include the name and address of the purchaser and the purchaser’s driver’s license number or equivalent form of identification number. A retailer shall not return any deposit upon the return of any keg that does not have the identification label required pursuant to subdivision (a). (b) Any licensee selling keg beer for off premise consumption who fails to require the signing of a receipt at the time of sale and fails to place a numbered identification label on the keg shall be subject to disciplinary action pursuant to this division. The licensee shall retain a copy of the receipt, which shall be retained on the licensed premise for a period of six months. The receipt records shall be available for inspection and copying by the department or other authorized law enforcement agency. (c) Possession of a keg containing beer with knowledge that the keg is not identified as required by subdivision (a) is a misdemeanor. (d) Any purchaser of keg beer who knowingly provides false information as required by subdivision (a) is guilty of a misdemeanor. (e) The identification label required pursuant to subdivision (a) shall be constructed of material and made attachable in such a manner as to make the label easily removable for the purpose of cleaning and reusing the keg by a beer manufacturer. (f) The department is authorized to charge fees for supplying receipt forms and identification labels pursuant to subdivision (a). The fees for receipt forms and identification labels shall be ten dollars ($10) and twenty-five dollars ($25), respectively, and may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320. Fees collected pursuant to this subdivision shall be deposited in the Alcohol Beverage Control Fund. (g) As used in this section, “keg” means any brewery-sealed, individual container of beer having a liquid capacity of six gallons or more. (Amended by Stats. 2019, Ch. 29, Sec. 71. (SB 82) Effective June 27, 2019.)
2566.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 3. Fiscal Provisions [2565 - 2568] ( Article 3 added by Stats. 1982, Ch. 418, Sec. 9. )
Verify source ↗

This section sets fee ranges for contact lens dispenser certificates and lets the California State Board of Optometry change certain fees by regulation.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 3. Fiscal Provisions [2565 - 2568] ( Article 3 added by Stats. 1982, Ch. 418, Sec. 9. ) ## 2566. The amount of fees prescribed in connection with certificates for contact lens dispensers is as follows: (a) The application and registration fee for a registered contact lens dispenser shall be a minimum of five hundred dollars ($500) and shall not exceed six hundred dollars ($600). (b) The biennial fee for the renewal of certificates shall be a minimum of three hundred dollars ($300) and shall not exceed four hundred dollars ($400). (c) The delinquency fee shall be a minimum of fifty dollars ($50) and shall not exceed seventy-five dollars ($75). (d) The California State Board of Optometry may by regulation provide for a refund of a portion of the application fee to applicants who do not meet the requirements for registration. (e) The California State Board of Optometry may periodically revise and fix by regulation the fees specified in subdivisions (a), (b), and (c), and these revised fees shall not exceed the reasonable regulatory cost. (f) The fee for replacement of a lost, stolen, or destroyed certificate is twenty-five dollars ($25). (Amended by Stats. 2025, Ch. 788, Sec. 17. (SB 776) Effective January 1, 2026.)
2566.1.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 3. Fiscal Provisions [2565 - 2568] ( Article 3 added by Stats. 1982, Ch. 418, Sec. 9. )
Verify source ↗

This section sets fee ranges for spectacle lens dispenser certificates and allows the California State Board of Optometry to revise certain fees by regulation.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 3. Fiscal Provisions [2565 - 2568] ( Article 3 added by Stats. 1982, Ch. 418, Sec. 9. ) ## 2566.1. The amount of fees prescribed in connection with certificates for spectacle lens dispensers shall be as set forth in this section: (a) The application and registration fee shall be a minimum of five hundred dollars ($500) and shall not exceed six hundred dollars ($600). (b) The biennial renewal fee shall be a minimum of three hundred dollars ($300) and shall not exceed four hundred dollars ($400). (c) The delinquency fee shall be a minimum of fifty dollars ($50) and shall not exceed seventy-five dollars ($75). (d) The fee for replacement of a lost, stolen, or destroyed certificate is twenty-five dollars ($25). (e) The California State Board of Optometry may periodically revise and fix by regulation the fees specified in subdivisions (a), (b), and (c), and these revised fees shall not exceed the reasonable regulatory cost. (Amended by Stats. 2025, Ch. 788, Sec. 18. (SB 776) Effective January 1, 2026.)
2566.2.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 3. Fiscal Provisions [2565 - 2568] ( Article 3 added by Stats. 1982, Ch. 418, Sec. 9. )
Verify source ↗

Registrations for specified dispensing opticians expire 24 months after issuance or renewal, and renewal must be filed before expiration with the board’s form and renewal fee.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 3. Fiscal Provisions [2565 - 2568] ( Article 3 added by Stats. 1982, Ch. 418, Sec. 9. ) ## 2566.2. Every registration issued to a dispensing ophthalmic business, contact lens dispenser, and spectacle lens dispenser shall expire 24 months after the initial date of issuance or renewal. To renew an unexpired registration, the registrant shall, before the time at which the license would otherwise expire, apply for renewal on a form prescribed by the board, and pay the renewal fee prescribed by this chapter. (Amended by Stats. 2021, Ch. 630, Sec. 72. (AB 1534) Effective January 1, 2022.)
25660.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section defines acceptable proof of age and identity, explains how biometric systems and age-verification tools are defined, and gives defendant-licensees a defense when they relied on such proof.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25660. (a) Bona fide evidence of majority and identity of the person is any of the following: (1) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, description, and picture of the person. (2) A valid passport issued by the United States or by a foreign government. (3) A valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture of the person. (b) (1) Proof that the defendant-licensee, or their employee or agent, demanded, was shown, and acted in reliance upon bona fide evidence, or utilized a biometric system, in any transaction, employment, use, or permission forbidden by Section 25658, 25663, or 25665 shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon. (2) A biometric system utilized by a defendant-licensee shall be based upon a review of bona fide evidence of majority and identity of a person and that verifies and authenticates the validity of that bona fide evidence. (3) The use of an active age verification software or an age verification device to establish the age of a purchaser of alcoholic beverages, that fails to identify a false identification card, shall be considered evidence in a criminal prosecution therefor, or to any proceedings for the suspension or revocation of any license based thereon, provided that the identification is bona fide evidence of majority and identity as described in subdivision (a) and was physically inspected, is seemingly legitimate, and matches the physical appearance of the customer. (c) For purposes of this section, the following definitions apply: (1) “Biometrics” means the unique characteristics of a person, including, but not limited to, fingerprints, iris, face, or other similar biometric characteristics, or any combination thereof. (2) “Biometric system” means technology that links the identity of a person to that person’s biometrics. (3) “Use of an active age verification software or an age verification device” means scanning the magnetic strip or the barcode on the bona fide evidence of majority and identity, as described in subdivision (a), to verify data on the identification document. (Amended by Stats. 2025, Ch. 264, Sec. 1. (AB 509) Effective January 1, 2026.)
25660.5.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

It is a misdemeanor to sell, give, or furnish certain false or borrowed proof of age or identity to someone under 21.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25660.5. Any person who sells, gives, or furnishes to any person under the age of 21 years any false or fraudulent written, printed, or photostatic evidence of the majority and identity of such person or who sells, gives or furnishes to any person under the age of 21 years evidence of majority and identification of any other person is guilty of a misdemeanor. (Amended by Stats. 1965, Ch. 1216.)
25661.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

A person under 21 who uses false age-identification to obtain alcohol, or who possesses false age-identification, commits a misdemeanor and faces a fine, community service, or both.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25661. (a) Any person under 21 years of age who presents or offers to any licensee, or agent or employee of a licensee, any written, printed, or photostatic evidence of age and identity which is false, fraudulent or not actually their own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the serving of any alcoholic beverage, or who possesses any false or fraudulent written, printed, or photostatic evidence of age and identity, is guilty of a misdemeanor and shall be punished by a fine of at least two hundred fifty dollars ($250), no part of which shall be suspended; or the person shall be required to perform not less than 24 hours nor more than 32 hours of community service during hours when the person is not employed and is not attending school, or a combination of fine and community service as determined by the court. A second or subsequent violation of this section shall be punished by a fine of not more than five hundred dollars ($500), or the person shall be required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service, as the court deems just. It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner’s office, if available, in the area where the violation occurred or where the person resides. (b) The penalties imposed by this section do not preclude prosecution or the imposition of penalties under any other provision of law. (Amended by Stats. 2019, Ch. 505, Sec. 4. (SB 485) Effective January 1, 2020.)
25662.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

People under 21 generally may not possess alcoholic beverages in public places, with listed exceptions; violations can lead to fines, community service, and misdemeanor treatment.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25662. (a) Except as provided in Section 25667 or 25668, any person under 21 years of age who possesses any alcoholic beverage on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor and shall be punished by a fine of two hundred fifty dollars ($250) or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed or is not attending school. A second or subsequent violation shall be punishable as a misdemeanor and the person shall be fined not more than five hundred dollars ($500), or required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service as the court deems just. It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner’s office, if available, in the area where the violation occurred or where the person resides. This section does not apply to possession by a person under 21 years of age making a delivery of an alcoholic beverage in pursuance of the order of a parent, responsible adult relative, or any other adult designated by the parent or legal guardian, or in pursuance of employment. That person shall have a complete defense if they were following, in a timely manner, the reasonable instructions of a parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage. (b) Unless otherwise provided by law, where a peace officer has lawfully entered the premises, the peace officer may seize any alcoholic beverage in plain view that is in the possession of, or provided to, a person under 21 years of age at social gatherings, when those gatherings are open to the public, 10 or more persons under 21 years of age are participating, persons under 21 years of age are consuming alcoholic beverages, and there is no supervision of the social gathering by a parent or guardian of one or more of the participants. Where a peace officer has seized alcoholic beverages pursuant to this subdivision, the officer may destroy any alcoholic beverage contained in an opened container and in the possession of, or provided to, a person under 21 years of age, and, with respect to alcoholic beverages in unopened containers, the officer shall impound those beverages for a period not to exceed seven working days pending a request for the release of those beverages by a person 21 years of age or older who is the lawful owner or resident of the property upon which the alcoholic beverages were seized. If no one requests release of the seized alcoholic beverages within that period, those beverages may be destroyed. (c) The penalties imposed by this section do not preclude prosecution or the imposition of penalties under any other provision of law. (Amended by Stats. 2019, Ch. 505, Sec. 5. (SB 485) Effective January 1, 2020.)
25663.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

This section limits when alcohol licensees may use minors to prepare, serve, or sell alcoholic beverages, with limited exceptions for certain supervised work by 18-to-21-year-olds in public eating places.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25663. (a) Except as provided in subdivision (c), no licensee that sells or serves alcoholic beverages for consumption on the premises shall employ any person under 21 years of age for the purpose of preparing or serving alcoholic beverages. Every person who employs or uses the services of any person under the age of 21 years in or on that portion of any premises, during business hours, which are primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises is guilty of a misdemeanor. (b) Any off-sale licensee who employs or uses the services of any person under the age of 18 years for the sale of alcoholic beverages shall be subject to suspension or revocation of his or her license, except that a person under the age of 18 years may be employed or used for those purposes if that person is under the continuous supervision of a person 21 years of age or older. (c) Any person between 18 and 21 years of age employed in any bona fide public eating place, as defined in Sections 23038 and 23038.1, which is licensed for the on-sale of alcoholic beverages, may serve alcoholic beverages to consumers only under the following circumstances: such service occurs in an area primarily designed and used for the sale and service of food for consumption on the premises; and the primary duties of the employee shall be the service of meals to guests, with the service of alcoholic beverages being incidental to such duties. For purposes of this subdivision, “serve” or “service” includes the delivery, presentation, opening, or pouring of an alcoholic beverage. (Amended by Stats. 2008, Ch. 508, Sec. 4. Effective January 1, 2009.)
25663.5.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

People ages 18 to 21 may be employed as musicians for entertainment only on certain alcohol-service premises, if the listed content and area restrictions are followed.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25663.5. Notwithstanding Section 25663 or any other provision of law, persons 18 to 21 years of age may be employed as musicians, for entertainment purposes only, during business hours on premises which are primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises, if live acts, demonstrations, or exhibitions which involve the exposure of the private parts or buttocks of any participant or the breasts of any female participant are not allowed on such premises. However, the area of such employment shall be limited to a portion of the premises that is restricted to the use exclusively of musicians or entertainers in the performance of their functions, and no alcoholic beverages shall be sold, served, consumed, or taken into that area. (Added by Stats. 1971, Ch. 1761.)
25664.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

Alcohol ads may not use words, slogans, or subject matter meant to encourage minors to drink, and certain signage or flyers for establishments serving under-21 patrons are also banned if specific conditions are met. The department may adopt rules for administering the section.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25664. (a) (1) The use, in any advertisement of alcoholic beverages, of any subject matter, language, or slogan addressed to and intended to encourage minors to drink the alcoholic beverages, is prohibited. (2) Signage or flyers advertising an establishment that serves alcoholic beverages to individuals under the age of 21 years are prohibited under paragraph (1) if one of the establishment’s principal business activities is the selling of alcoholic beverages, and the advertisement expressly states that the jurisdiction in which the establishment is located has a legal drinking age of under 21 years or that individuals under the age of 21 years may patronize the establishment. (3) Nothing in this section shall be deemed to restrict or prohibit any advertisement of alcoholic beverages to those persons of legal drinking age. (b) The department may adopt rules as it determines to be necessary for the administration of this section. (Amended by Stats. 2003, Ch. 771, Sec. 3. Effective January 1, 2004.)
25665.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

A licensee with an on-sale license for public premises must not allow a person under 21 to enter and remain there without lawful business. A person under 21 who does so commits a misdemeanor and must pay a fine of at least $200, with no suspension of any part of the fine.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25665. Any licensee under an on-sale license issued for public premises, as defined in Section 23039, who permits a person under the age of 21 years to enter and remain in the licensed premises without lawful business therein is guilty of a misdemeanor. Any person under the age of 21 years who enters and remains in the licensed public premises without lawful business therein is guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars ($200), no part of which shall be suspended. (Amended by Stats. 1983, Ch. 1092, Sec. 65. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
25666.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

In certain hearing proceedings, the department must produce the minor decoy for examination unless listed exceptions apply, and the administrative law judge must grant a reasonable continuance in some cases.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25666. (a) In a hearing on an accusation charging a licensee with a violation of Section 25658, the department shall produce the minor decoy alleged in the accusation for examination at the hearing unless the minor decoy is unavailable as a witness because they are dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor decoy. When a minor decoy is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor decoy if the administrative law judge finds that it is reasonably likely that the minor decoy can be produced within a reasonable amount of time. (b) (1) Nothing in this section shall prevent the department from taking testimony of the minor decoy as provided in Section 11511 of the Government Code. (2) This section is not intended to preclude the continuance of a hearing because of the unavailability of a minor decoy for any other reason pursuant to Section 11524 of the Government Code. (c) For purposes of this section, “minor decoy” means a person under 21 years of age used by peace officers in the enforcement of Section 25658 to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish alcoholic beverages to minors. (Amended by Stats. 2021, Ch. 208, Sec. 1. (AB 1275) Effective January 1, 2022.)
25666.5.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

If a qualifying person is convicted and gets probation, the court may, with the defendant’s consent, require participation in a specified program as a probation condition.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25666.5. If a person is convicted of a violation of subdivision (b) of Section 25658, or Section 25658.5, 25661, or 25662 and is granted probation, the court may order, with the consent of the defendant, as a term and condition of probation, in addition to any other term and condition required or authorized by law, that the defendant participate in the program prescribed in Article 3 (commencing with Section 23509) of Chapter 12 of Division 11.5 of the Vehicle Code. (Amended by Stats. 1998, Ch. 118, Sec. 1. Effective January 1, 1999. Operative July 1, 1999, by Sec. 85 of Ch. 118.)
25667.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

A person under 21 can get immunity from criminal prosecution for certain alcohol-related offenses if they called 911 first and met the listed assistance/cooperation conditions.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25667. (a) Any person under the age of 21 years shall be immune from criminal prosecution under subdivision (a) of Section 25662 and subdivision (b) of Section 25658, where the person establishes all of the following: (1) The underage person called 911 and reported that either himself or herself or another person was in need of medical assistance due to alcohol consumption. (2) The underage person was the first person to make the 911 report. (3) The underage person, who reported that another person was in need of medical assistance, remained on the scene with the other person until that medical assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene. (b) This section shall not provide immunity from criminal prosecution for any offense that involves activities made dangerous by the consumption of alcoholic beverages, including, but not limited to, a violation of Section 23103 of the Vehicle Code, as specified by Section 23103.5 of the Vehicle Code, or a violation of Sections 23152 and 23153 of the Vehicle Code. (Added by Stats. 2010, Ch. 245, Sec. 3. (AB 1999) Effective January 1, 2011.)
25668.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. )
Verify source ↗

Qualified students may taste alcoholic beverages in certain approved academic programs, and the student and institution are exempt from criminal prosecution if the section’s conditions are met.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 3. Women and Minors [25657 - 25668] ( Article 3 added by Stats. 1953, Ch. 152. ) ## 25668. (a) A qualified student may taste an alcoholic beverage, and both the student and the qualified academic institution in which the student is enrolled shall not be subject to criminal prosecution under subdivision (a) of Section 25658 and subdivision (a) of Section 25662, if all of the following criteria are met: (1) The qualified student tastes the alcoholic beverage while enrolled in a qualified academic institution. (2) The qualified academic institution has established an associate’s degree or bachelor’s degree program in any of the following: (A) Hotel management. (B) Culinary arts. (C) Enology or brewing that is designed to train industry professionals in the production of wine or beer. (3) The qualified student tastes the alcoholic beverage for educational purposes as part of the instruction in a course required for an associate’s degree or bachelor’s degree. (4) The alcoholic beverage remains in the control of an authorized instructor of the qualified academic institution who is at least 21 years of age. (b) This section shall not be construed to allow a student under 21 years of age to receive an alcoholic beverage unless it is delivered as part of the student’s curriculum requirements. (c) A license or permit is not required to be held by a qualified academic institution engaging in the activities authorized by this section, provided an extra fee or charge is not imposed for the alcoholic beverages tasted. (d) For the purposes of this section, the following terms have the following meanings: (1) “Qualified academic institution” means a public college or university accredited by a commission recognized by the United States Department of Education. (2) “Qualified student” means a student enrolled in a qualified academic institution who is at least 18 years of age. (3) “Taste” means to draw an alcoholic beverage into the mouth, but does not include swallowing or otherwise consuming the alcoholic beverage. (Amended by Stats. 2020, Ch. 370, Sec. 20. (SB 1371) Effective January 1, 2021.)
2567.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 3. Fiscal Provisions [2565 - 2568] ( Article 3 added by Stats. 1982, Ch. 418, Sec. 9. )
Verify source ↗

Fees collected under this chapter must go into the Optometry Fund, and the board may hire extra clerical help if civil service rules are followed.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 3. Fiscal Provisions [2565 - 2568] ( Article 3 added by Stats. 1982, Ch. 418, Sec. 9. ) ## 2567. (a) All fees collected from persons registered or seeking registration under this chapter shall be paid into the Optometry Fund, and shall be available, upon appropriation, to the California State Board of Optometry for the purposes of this chapter. Any moneys within the Contingent Fund of the Medical Board of California collected pursuant to this chapter shall be deposited in the Optometry Fund. Any moneys within the Dispensing Opticians Fund collected pursuant to this chapter shall be deposited in the Optometry Fund. (b) The board may employ, subject to civil service regulations, whatever additional clerical assistance is necessary for the administration of this chapter. (Amended by Stats. 2021, Ch. 630, Sec. 73. (AB 1534) Effective January 1, 2022.)
2568.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 3. Fiscal Provisions [2565 - 2568] ( Article 3 added by Stats. 1982, Ch. 418, Sec. 9. )
Verify source ↗

The board must report monthly revenue details to the Controller and pay all of that revenue to the Treasurer for deposit in the Optometry Fund.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.5. Registered Dispensing Opticians [2550 - 2568] ( Chapter 5.5 added by Stats. 1939, Ch. 955. ) ## ARTICLE 3. Fiscal Provisions [2565 - 2568] ( Article 3 added by Stats. 1982, Ch. 418, Sec. 9. ) ## 2568. The board shall report to the Controller at the beginning of each month for the month preceding the amount and source of all revenue received by it pursuant to this chapter, and shall pay the entire amount thereof to the Treasurer for deposit in the Optometry Fund. (Amended by Stats. 2020, Ch. 121, Sec. 8. (AB 896) Effective September 24, 2020.)
25680.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Responsible Beverage Service (RBS) Training Program Act of 2017 [25680 - 25686] ( Article 4 added by Stats. 2017, Ch. 847, Sec. 2. )
Verify source ↗

This section defines key terms used in the Responsible Beverage Service training article.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Responsible Beverage Service (RBS) Training Program Act of 2017 [25680 - 25686] ( Article 4 added by Stats. 2017, Ch. 847, Sec. 2. ) ## 25680. For purposes of this article: (a) “Alcohol server” means a person who serves alcoholic beverages for consumption, or a person who manages or supervises that person, on premises licensed to serve alcoholic beverages pursuant to this division, including a designee for alcoholic beverage sales and service pursuant to temporary license. (b) “Alcohol server certification” means a certification issued by a training provider to a person who has successfully completed an RBS training course, as demonstrated by the passage of an exam. (c) “RBS training course” means a course administered by a training provider that is designed to instruct and educate alcohol servers on responsible practices regarding the sale and service of alcoholic beverages that includes, but is not limited to, instruction on the following subjects: (1) The social impact of alcohol. (2) The impact of alcohol on the body. (3) State laws and regulations relating to alcoholic beverage control, including laws and regulations related to driving under the influence. (4) Intervention techniques to prevent the service or sale of alcoholic beverages to underage persons or intoxicated patrons. (5) The development of management policies that support the prevention of service or sale of alcoholic beverages to underage persons or intoxicated patrons. (d) “RBS training program” means a statewide Responsible Beverage Service training program administered or authorized by the department that provides RBS training courses to licensees and their agents and employees. (e) “Training provider” means any of the following: (1) A training provider accredited by an accreditation agency, provided that the accreditation agency is authorized by the department to accredit training providers offering RBS training courses. (2) A training provider approved by the department, pursuant to rules promulgated by the department pursuant to subdivision (b) of Section 25681. (3) The department when offering RBS training courses. (Added by Stats. 2017, Ch. 847, Sec. 2. (AB 1221) Effective January 1, 2018.)
25681.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Responsible Beverage Service (RBS) Training Program Act of 2017 [25680 - 25686] ( Article 4 added by Stats. 2017, Ch. 847, Sec. 2. )
Verify source ↗

This section sets out how the department must run the RBS training program, what training providers must do, and how alcohol server certifications work.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Responsible Beverage Service (RBS) Training Program Act of 2017 [25680 - 25686] ( Article 4 added by Stats. 2017, Ch. 847, Sec. 2. ) ## 25681. (a) The department shall develop, implement, and administer a curriculum for an RBS training program that will make RBS training courses available, both in person and online, to all persons required to obtain an alcohol server certification pursuant to this article. RBS training courses shall, at a minimum, be offered in English and Spanish. (1) The department may be a provider of RBS training courses. (2) The department shall authorize one or more accreditation agencies to accredit training providers to offer RBS training courses that meet the curriculum requirements established by the department. The department may collect fees to cover its reasonable costs for the review, approval, and renewal of the approval of accreditation agencies. (3) An accredited training provider shall register with the department once accredited. (b) (1) The department may approve training providers that are not accredited by an accreditation agency authorized by the department. The department shall promulgate regulations setting forth the requirements for approval for training providers that are not accredited. At a minimum, training providers that are not accredited shall: (A) Possess background and expertise in the fields of alcohol, training, hospitality, and psychology. (B) Keep records of all certifications issued and, upon request, make these available to the department or other law enforcement agencies. (C) Provide technical support to servers and customers. (D) Maintain strict data security protocols. (E) Comply with any other requirements established by the department. (2) The department may collect fees to cover its reasonable costs for the review, approval, and renewal of the approval of training providers that are not accredited by an accreditation agency. (c) A training provider shall register with the department once accredited by an authorized accreditation agency or approved by the department. (d) A training provider shall issue alcohol server certifications to persons who have successfully completed an RBS training course and passed an exam. (e) An alcohol server certification shall be valid for a period of three years from the date of issuance and shall be valid for any person employed by a licensee that is subject to this article. (f) (1) Commencing on or before January 1, 2027, the RBS training courses shall include all of the following: (A) Best practices on how to prevent or protect a person from drink spiking. (B) Best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking. (2) For purposes of this subdivision, “drink spiking” means putting alcohol or drugs into another person’s drink without their knowing and express consent, also known as roofying. (Amended by Stats. 2024, Ch. 829, Sec. 1. (AB 2402) Effective January 1, 2025.)
25682.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Responsible Beverage Service (RBS) Training Program Act of 2017 [25680 - 25686] ( Article 4 added by Stats. 2017, Ch. 847, Sec. 2. )
Verify source ↗

A covered licensee may not employ an alcohol server without valid certification, and must keep certifications on file. Some alcohol servers and nonprofit event designees have deadlines to get or hold certification and stay onsite.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Responsible Beverage Service (RBS) Training Program Act of 2017 [25680 - 25686] ( Article 4 added by Stats. 2017, Ch. 847, Sec. 2. ) ## 25682. (a) Beginning July 1, 2022, a licensee that is subject to this article shall not employ or continue to employ any alcohol server without a valid alcohol server certification. (1) An alcohol server who was employed by the licensee prior to July 1, 2022, shall obtain an alcohol server certification by August 31, 2022. (2) An alcohol server who is employed by the licensee on or after July 1, 2022, shall obtain an alcohol server certification within 60 calendar days of employment. (b) (1) A licensee that is subject to this article shall ensure that each alcohol server it employs has a valid alcohol server certification. The licensee shall maintain records of certifications for inspection, upon request, by the department. (2) Except for a violation of subdivision (c), it shall be a defense against any action for a violation of this article that the alcohol server was within 60 calendar days of initial employment or, with regard to employees employed prior to July 1, 2022, between July 1, 2022, and August 31, 2022, inclusive. (c) A nonprofit organization that has obtained a temporary daily on-sale license or a temporary daily off-sale license from the department shall designate a person or persons to receive RBS training prior to the event, and that designated person or persons shall remain onsite for the duration of the event. (Amended by Stats. 2020, Ch. 14, Sec. 1. (AB 82) Effective June 29, 2020.)
25683.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Responsible Beverage Service (RBS) Training Program Act of 2017 [25680 - 25686] ( Article 4 added by Stats. 2017, Ch. 847, Sec. 2. )
Verify source ↗

A person may not do alcohol-sale or service work on licensed premises, or manage that person, unless they have a valid alcohol server certification.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Responsible Beverage Service (RBS) Training Program Act of 2017 [25680 - 25686] ( Article 4 added by Stats. 2017, Ch. 847, Sec. 2. ) ## 25683. A person shall not perform duties that include the sale or service of alcoholic beverages for consumption on licensed premises, and shall not manage that person, without a valid alcohol server certification. (Added by Stats. 2017, Ch. 847, Sec. 2. (AB 1221) Effective January 1, 2018.)
25684.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Responsible Beverage Service (RBS) Training Program Act of 2017 [25680 - 25686] ( Article 4 added by Stats. 2017, Ch. 847, Sec. 2. )
Verify source ↗

If a licensee fails to comply with this article, it can trigger disciplinary action. A violation of the article is not grounds for criminal action against the licensee or the licensee’s agent or employee.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Responsible Beverage Service (RBS) Training Program Act of 2017 [25680 - 25686] ( Article 4 added by Stats. 2017, Ch. 847, Sec. 2. ) ## 25684. The failure of a licensee to comply with this article shall be grounds for disciplinary action. A violation of this article shall not be grounds for any criminal action, pursuant to this division, against a licensee or an agent or employee of a licensee. (Added by Stats. 2017, Ch. 847, Sec. 2. (AB 1221) Effective January 1, 2018.)
25685.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Responsible Beverage Service (RBS) Training Program Act of 2017 [25680 - 25686] ( Article 4 added by Stats. 2017, Ch. 847, Sec. 2. )
Verify source ↗

The department may make rules, charge certain fees, and must deposit collected money into the Alcohol Beverage Control Fund.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Responsible Beverage Service (RBS) Training Program Act of 2017 [25680 - 25686] ( Article 4 added by Stats. 2017, Ch. 847, Sec. 2. ) ## 25685. (a) The department may adopt rules that it determines necessary for the administration of the provisions of this article. (b) The department may charge fees as necessary to cover its reasonable costs for administering the program authorized by this article. (c) The department may charge a fee, not to exceed five dollars ($5) per person, for administering the exam required for an alcohol server certification. (d) If the department offers an RBS training course, the fee charged by the department for that course shall not exceed fifteen dollars ($15) per person. (e) Any moneys collected under this article shall be deposited in the Alcohol Beverage Control Fund. (Amended by Stats. 2019, Ch. 29, Sec. 72. (SB 82) Effective June 27, 2019.)
25686.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Responsible Beverage Service (RBS) Training Program Act of 2017 [25680 - 25686] ( Article 4 added by Stats. 2017, Ch. 847, Sec. 2. )
Verify source ↗

This section says it does not expand a licensee’s existing duties, and alcohol servers remain subject to Section 25602(b) and (c).

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 4. Responsible Beverage Service (RBS) Training Program Act of 2017 [25680 - 25686] ( Article 4 added by Stats. 2017, Ch. 847, Sec. 2. ) ## 25686. Nothing in this section shall be construed to expand the existing duties of a licensee in connection with the sale and service of alcoholic beverages. An alcohol server shall continue to be subject to subdivisions (b) and (c) of Section 25602. (Added by Stats. 2017, Ch. 847, Sec. 2. (AB 1221) Effective January 1, 2018.)
25690.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Entertainment Zones [25690 - 25692] ( Article 5 added by Stats. 2023, Ch. 700, Sec. 6. )
Verify source ↗

A city or county that creates an entertainment zone must set up a way to identify people with alcoholic beverages as being 21 or older, and must send specified zone information to the department when the zone is created or changed.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Entertainment Zones [25690 - 25692] ( Article 5 added by Stats. 2023, Ch. 700, Sec. 6. ) ## 25690. A city, county, or city and county that establishes an entertainment zone shall do both of the following: (a) Establish a process or procedure by which persons in possession of alcoholic beverages in the entertainment zone may be readily identifiable as being 21 years of age or older. (b) Upon establishing or modifying the entertainment zone, provide all of the following to the department: (1) A copy of the ordinance establishing or modifying the entertainment zone. (2) Information as may be necessary to identify the boundaries of the entertainment zone. (3) The days and hours of operation of the entertainment zone. (4) The types of alcoholic beverages permitted within the entertainment zone. (5) The approved nonglass and nonmetal containers in which alcoholic beverages may be authorized. (Amended by Stats. 2024, Ch. 869, Sec. 5. (SB 969) Effective January 1, 2025.)
25691.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Entertainment Zones [25690 - 25692] ( Article 5 added by Stats. 2023, Ch. 700, Sec. 6. )
Verify source ↗

An ordinance for an entertainment zone cannot allow alcohol consumption during hours when alcohol sales are prohibited, and it may allow consumption only when at least one on-premises licensee in the zone may sell alcohol.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Entertainment Zones [25690 - 25692] ( Article 5 added by Stats. 2023, Ch. 700, Sec. 6. ) ## 25691. (a) An ordinance establishing or modifying an entertainment zone shall not authorize consumption of alcoholic beverages during the hours in which sales of alcoholic beverages are prohibited under Section 25631. (b) An ordinance establishing or modifying an entertainment zone may only authorize consumption of alcoholic beverages during the hours in which at least one licensee within the boundaries of the entertainment zone is permitted to sell alcoholic beverages for consumption on the premises. (Added by Stats. 2024, Ch. 869, Sec. 6. (SB 969) Effective January 1, 2025.)
25692.
## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Entertainment Zones [25690 - 25692] ( Article 5 added by Stats. 2023, Ch. 700, Sec. 6. )
Verify source ↗

Cities, counties, and city and counties must notify local law enforcement and seek feedback before creating or changing an entertainment zone, and must review each zone every two years.

## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 16. Regulatory Provisions [25600 - 25692] ( Chapter 16 added by Stats. 1953, Ch. 152. ) ## ARTICLE 5. Entertainment Zones [25690 - 25692] ( Article 5 added by Stats. 2023, Ch. 700, Sec. 6. ) ## 25692. (a) Before enacting an ordinance to establish or modify an entertainment zone, a city, county, or city and county shall notify local law enforcement and request feedback about both of the following: (1) Potential health and safety impacts that might be generated by the entertainment zone and strategies to mitigate those impacts. (2) The entertainment zone’s proposed boundaries, days and hours of operation, types of alcoholic beverages permitted, and approved nonglass and nonmetal containers. (b) A city, county, or city and county that establishes an entertainment zone, or its designated subordinate officer or body, shall review the operation of the entertainment zone every two years following the adoption of the entertainment zone to ensure that the entertainment zone is being maintained in a manner that protects the health and safety of the general public. This review shall be conducted in consultation with local law enforcement agencies and any reports produced during the review shall be made available to the department upon request. (Added by Stats. 2024, Ch. 869, Sec. 7. (SB 969) Effective January 1, 2025.)
2570.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )
Verify source ↗

This chapter may be cited as the Occupational Therapy Practice Act.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570. This chapter may be cited as the Occupational Therapy Practice Act. (Repealed and added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)
2570.1.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )
Verify source ↗

The Legislature states that occupational therapy in California affects public health, safety, and welfare and should be regulated and controlled.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.1. The Legislature finds and declares that the practice of occupational therapy in California affects the public health, safety, and welfare and there is a necessity for that practice to be subject to regulation and control. (Added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)
2570.10.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )
Verify source ↗

Licenses under this chapter must be renewed as prescribed by the board, or they expire; the board may also allow late renewal and must set continuing competence requirements for renewal.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.10. (a) Any license issued under this chapter shall be subject to renewal as prescribed by the board and shall expire unless renewed in that manner. The board may provide for the late renewal of a license as provided for in Section 163.5. (b) In addition to any other qualifications and requirements for licensure renewal, the board shall by rule establish and require the satisfactory completion of continuing competence requirements as a condition of renewal of a license. Only a portion of continuing competence requirements, as determined by the board to protect public health, safety, and welfare, may be fulfilled through competency assessment activities performed within the context of a broader professional development plan. (Amended by Stats. 2018, Ch. 490, Sec. 5. (AB 2221) Effective January 1, 2019.)
2570.11.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )
Verify source ↗

The board may grant inactive status to an occupational therapist or occupational therapy assistant on written request if the person is in good standing and meets Section 462 requirements.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.11. Upon a written request, the board may grant inactive status to an occupational therapist or occupational therapy assistant who is in good standing, who meets the requirements of Section 462. (Added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)
2570.13.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )
Verify source ↗

The board must adopt rules to ensure proper supervision of occupational therapy assistants and aides.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.13. (a) Consistent with this section, subdivisions (a), (b), and (c) of Section 2570.2, and accepted professional standards, the board shall adopt rules necessary to assure appropriate supervision of occupational therapy assistants and aides. (b) An occupational therapy assistant may practice only under the supervision of an occupational therapist who is authorized to practice occupational therapy in this state. (c) An aide providing delegated, client-related supportive services shall require continuous and direct supervision by an occupational therapist or occupational therapy assistant. (Amended by Stats. 2012, Ch. 799, Sec. 16. (SB 1575) Effective January 1, 2013.)
2570.14.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )
Verify source ↗

Some initial applicants who have not practiced occupational therapy in the past five years must give the board extra evidence with their license application.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.14. An initial applicant who has not been actively engaged in the practice of occupational therapy within the past five years shall provide to the board, in addition to the requirements for licensure under Section 2570.6, any of the following: (a) Evidence of continued competency as referred to in subdivision (b) of Section 2570.10 for the previous two-year period. (b) Evidence of having completed the entry-level examination as described in subdivision (b) of Section 2570.7 within the previous two-year period. (Amended by Stats. 2018, Ch. 490, Sec. 6. (AB 2221) Effective January 1, 2019.)
2570.15.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )
Verify source ↗

Occupational therapists and occupational therapy assistants trained outside the United States and its possessions must meet the Section 2570.7 examination requirements, and the board must require them to complete substantially equal education and supervised fieldwork before they take the exam.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.15. Occupational therapists and occupational therapy assistants trained outside of the United States and its possessions shall be required to satisfy the examination requirements of Section 2570.7. The board shall require that these applicants have completed educational and supervised fieldwork requirements substantially equal to those contained in Section 2570.6, before taking the examination. (Added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)
2570.16.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )
Verify source ↗

The board must set occupational therapy initial license and renewal fees, plus specified additional fees, within stated maximums.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.16. Initial license and renewal fees shall be established by the board in an amount that does not exceed a ceiling of one hundred fifty dollars ($150) per year. The board shall establish the following additional fees: (a) An application fee not to exceed fifty dollars ($50). (b) A late renewal fee as provided for in Section 2570.10. (c) A limited permit fee. (d) A fee to collect fingerprints for criminal history record checks. This fee shall not exceed the amount charged by the agency providing the criminal history record checks. (e) A fee to query the National Practitioner Data Bank for applicants for licensure and renewal of licensure. The fee shall not exceed the amount charged per query. (Amended by Stats. 2017, Ch. 429, Sec. 6. (SB 547) Effective January 1, 2018.)
2570.17.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )
Verify source ↗

The board must issue a retired license to eligible occupational therapists or occupational therapy assistants who apply and pay the $25 fee. Holders may use the approved retired title, must not do work that requires an active license, do not have to renew the retired license, and must follow Section 2570.14 to restore it.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.17. (a) The board shall issue, upon application and payment of a twenty-five dollar ($25) fee, a retired license to an occupational therapist or an occupational therapy assistant who holds a license that is current and active, or capable of being renewed pursuant to Section 2570.10, and whose license is not suspended, revoked, or otherwise restricted by the board or subject to discipline under this chapter. (b) The holder of a retired license issued pursuant to this section shall not engage in any activity for which an active license is required. An occupational therapist holding a retired license shall be permitted to use the title “occupational therapist, retired” or “retired occupational therapist.” An occupational therapy assistant holding a retired license shall be permitted to use the title “occupational therapy assistant, retired” or “retired occupational therapy assistant.” The designation of retired shall not be abbreviated in any way. (c) The holder of a retired license shall not be required to renew that license. (d) In order for the holder of a retired license issued pursuant to this section to restore his or her license, he or she shall comply with Section 2570.14. (Added by Stats. 2009, Ch. 307, Sec. 22. (SB 821) Effective January 1, 2010.)
2570.18.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )
Verify source ↗

This section restricts who may represent themselves as authorized to practice occupational therapy or occupational therapy assistant services, and limits use of related titles and abbreviations unless licensed or otherwise authorized.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.18. (a) A person shall not represent to the public by title, education, or background, or by description of services, methods, or procedures, or otherwise, that the person is authorized to practice occupational therapy in this state, unless authorized to practice occupational therapy under this chapter. (b) Unless licensed to practice as an occupational therapist under this chapter, a person may not use the professional abbreviations “O.T.,” “O.T./L.,” or “O.T.D.,” “Occupational Therapist,” “Occupational Therapist Licensed,” “Occupational Therapist Doctorate,” or any other words, letters, or symbols with the intent to represent that the person practices or is authorized to practice occupational therapy. (c) A licensee who has earned a doctoral degree in occupational therapy (OTD) or, after adoption of the regulations described in subdivision (e), a doctoral degree in a related area of practice or study may do the following: (1) In a written communication, use the initials OTD, DrPH, PhD, or EdD, as applicable, following the licensee’s name. (2) In a written communication, use the title “Doctor” or the abbreviation “Dr.” preceding the licensee’s name, if the licensee’s name is immediately followed by an unabbreviated specification of the applicable doctoral degree held by the licensee. (3) In a spoken communication while engaged in the practice of occupational therapy, use the title “Doctor” preceding the licensee’s name, if the licensee specifies that he or she is an occupational therapy practitioner. (d) A doctoral degree described in subdivision (c) shall be granted by an institution and program accredited by the Western Association of Schools and Colleges, the Accreditation Council on Occupational Therapy Education, or by an accrediting agency recognized by the National Commission on Accrediting or the United States Department of Education that the board determines is equivalent to the Western Association of Schools and Colleges. (e) The board shall define, by regulation, the doctoral degrees that are in a related area of practice or study for purposes of subdivision (c). (f) Unless licensed to assist in the practice of occupational therapy as an occupational therapy assistant under this chapter, a person may not use the professional abbreviations “O.T.A.,” “O.T.A/L.,” or “Occupational Therapy Assistant,” “Licensed Occupational Therapy Assistant,” or any other words, letters, or symbols, with the intent to represent that the person assists in, or is authorized to assist in, the practice of occupational therapy as an occupational therapy assistant. (g) The unauthorized practice or representation as an occupational therapist or as an occupational therapy assistant constitutes an unfair business practice under Section 17200 and false and misleading advertising under Section 17500. (h) An occupational therapist that is serving as an educator in an education program for occupational therapists in California must be licensed. The licensure requirement also applies to an occupational therapist that is serving as an educator in an education program for occupational therapy assistants in California. (i) An occupational therapy assistant that is serving as an educator in an education program for occupational therapy assistants in California must be licensed. (Amended by Stats. 2018, Ch. 490, Sec. 7. (AB 2221) Effective January 1, 2019.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.