Code Section

Business and Professions Code - BPC


  ( Division 9 added by Stats. 1953, Ch. 152. )

CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827]

  ( Chapter 5 added by Stats. 1953, Ch. 152. )

ARTICLE 1. In General [23770 - 23794]
  ( Article 1 added by Stats. 1953, Ch. 152. )


(a) The department may issue a special nonprofit sales license to a nonprofit mutual benefit corporation, as described in Section 23701a of the Revenue and Taxation Code, that has a board membership composed of the Dean of the College of Agricultural and Environmental Sciences, or their designee, the Chair of the Department of Viticulture and Enology, or their designee, and the Chair of the Department of Food Science and Technology, or their designee, of the public university located within the county of the 28th class that includes courses in viticulture and enology in its curriculum.

(b) A special nonprofit sales license authorizes the licensee to do all of the following:

(1) Accept the transfer of, and take title to, up to 20,000 gallons of wine per year produced by the public university described in subdivision (a), notwithstanding that the public university does not hold any license issued pursuant to this division. For purposes of this section, “produced” includes wine donated to, or purchased by, the public university for educational or experimental purposes and that are thereafter treated or processed by the public university.

(2) Sell wine received pursuant to paragraph (1) to consumers for consumption off the licensed premises or to other licensees authorized to sell wine.

(3) Give licensees samples of the wine it sells, subject to the limitations in subdivision (a) of Section 23386 and any department regulations.

(c) The special nonprofit sales license does not authorize the licensee to purchase or otherwise obtain wine from a licensee or other manufacturer or seller of wine, except as specified in this section.

(d) A public university, as described in subdivision (a), may transfer wine produced by the public university to a special nonprofit sales licensee.

(Amended by Stats. 2019, Ch. 29, Sec. 34. (SB 82) Effective June 27, 2019.)