California Assembly Bill AB776 Introduced / Bill

 BILL NUMBER: AB 776INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Cooper FEBRUARY 25, 2015 An act to amend Section 25350 of the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGEST AB 776, as introduced, Cooper. Alcoholic beverages: seizure. Existing law establishes the Department of Alcoholic Beverage Control within the Business, Consumer Services, and Housing Agency to administer and enforce the Alcoholic Beverage Control Act. Existing law authorizes the department to seize alcoholic beverages under specified circumstances. Existing law provides that the total retail value of alcoholic beverages subject to seizure may not exceed $100. This bill would eliminate the provision that limits the retail value of the alcoholic beverages that are subject to seizure. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25350 of the Business and Professions Code is amended to read: 25350. The department may seize the following alcoholic beverages: (a) Alcoholic beverages manufactured or produced in this  State   state  by any person other than licensed manufacturer or wine grower, regardless of where found. (b) Beer and wine upon the sale of which the excise tax imposed by Part 14  (commencing with Section 32001)  of Division 2 of the Revenue and Taxation Code has not been paid, regardless of where found. (c) Distilled spirits except (1) distilled spirits located upon premises for which licenses authorizing the sale of the distilled spirits have been issued; (2) distilled spirits consigned to and in the course of transportation to a licensee holding licenses authorizing the sale of the distilled spirits or for delivery without this  State;   state;  (3) distilled spirits upon the sale of which the excise tax imposed by Part 14  (commencing with Section 32001)  of Division 2 of the Revenue and Taxation Code has been paid; (4) alcohol or distilled spirits in the possession of a person who has lawfully purchased it for use in the trades, professions, or industries and not for beverage use. (d) Any alcoholic beverage possessed, kept, stored, or owned with the intent to sell it without a license in violation of this division. (e) Notwithstanding any other provision of this section,  a seizure of  any alcoholic beverage acquired, exchanged, purchased, sold, delivered, or possessed in violation of Sections 23104.2, 23104.3, 23394, 23402,  or 24879, or Chapter 10 (commencing with Section 24749), 11 (commencing with Section 24850),  or  Chapter  12 (commencing with Section 25000)  of this division, except that seizures under this subdivision  shall be limited to the actual package or case of alcoholic beverage acquired, exchanged, purchased, sold, delivered, or possessed in violation of the foregoing provisions.  Any seizure under this subdivision shall not exceed one hundred dollars ($100) of alcoholic beverages atretail price.