2009 California Business and Professions Code - Section 23320-23334 :: Article 2. Fees

BUSINESS AND PROFESSIONS CODE
SECTION 23320-23334

23320.  (a) The following are the types of licenses and the annual
fees to be charged therefor:

                          Fee        Fee        Fee
  Name & License       Effective  Effective  Effective
  Type Number:         01/01/02   01/01/03   01/01/04
  (1) Beer
  manufacturer:
  (a) Beer
  manufacturers
  that produce 60,000    $127.00    $134.00    $140.00
  barrels or less a
  year
  (Type 23)..........  $1,043.00  $1,098.00  $1,153.00
  (b) All other beer
  manufacturers
  (Type 1)...........
  (c) Branch Office       $69.00     $71.00     $73.00
  --Small Beer
  Manufacturers           $69.00     $71.00     $73.00
  (Type 23D).........
  --Beer
  Manufacturers
  (Type 1D)..........
  (2) Winegrower or
  wine
  blender (to be
  computed only on
  the
  gallonage produced
  or blended) (Type
  2 &
  Type 22)
  --5,000 gallons or
  less...............
  --Over 5,000
  gallons
  to 20,000 gallons       $34.00     $44.00     $54.00
  per
  year...............
  --Over 20,000 to        $65.00     $80.00     $99.00
  100,000
  gallons per year...    $130.00    $155.00    $180.00
  --Over 100,000 to
  200,000 gallons per
  year...............    $180.00    $205.00    $237.00
  --Over 200,000
  gallons
  to 1,000,000           $250.00    $300.00    $351.00
  gallons
  per year...........
  --For each
  1,000,000              $170.00    $200.00    $229.00
  gallons or fraction
  thereof over            $69.00     $71.00     $73.00
  1,000,000
  gallons an
  additional
  Winegrower (Branch
  Office) - (Type
  2D)................
  (3) Brandy
  manufacturer           $212.00    $223.00    $234.00
  (Type 3)...........
  Brandy manufacturer
  (Branch Office)        $204.00    $210.00    $215.00
  (Type 3D)..........
  (4) Distilled
  spirits
  manufacturer (Type     $348.00    $366.00    $384.00
  4).................
  (5) Distilled
  spirits
  manufacturer's
  agent                  $348.00    $366.00    $384.00
  (Type 5)...........
  (5a) California
  winegrower's           $348.00    $366.00    $384.00
  agent (Type 27)....
  (6) Still (Type 6).     $33.00     $46.00     $58.00
  (7) Rectifier          $348.00    $366.00    $384.00
  (Type 7)...........
  (7a) Distilled
  spirits
  rectifier's
  general license        $348.00    $366.00    $384.00
  (Type 24)..........
  (8) Wine rectifier
  (Type 8)...........    $348.00    $366.00    $384.00
  (9) Beer & wine
  importer                $25.00     $42.00     $58.00
  (Type 9)...........
  (10) Beer & wine
  importer's
  general license        $147.00    $202.00    $256.00
  (Type 10)
  (11) Brandy
  importer                $25.00     $42.00     $58.00
  (Type 11)..........
  (12) Distilled
  spirits                 $25.00     $42.00     $58.00
  importer (Type 12).
  (13) Distilled
  spirits
  importer's general
  license                $348.00    $366.00    $384.00
  (Type 13)..........
  (14) Public
  warehouse               $33.00     $46.00     $58.00
  (Type 14)..........
  (15) Customs broker
  (Type 15)..........     $33.00     $46.00     $58.00
  (16) Wine broker        $7l.00     $75.00     $78.00
  (Type 16)..........
  (17) Beer & wine
  wholesaler             $147.00    $202.00    $256.00
  (Type 17)..........
  (18) Distilled
  spirits
  wholesaler (Type       $348.00    $366.00    $384.00
  18)................
  (18a) California
  brandy
  wholesaler (Type       $348.00    $366.00    $384.00
  25)................
  (19) Industrial
  alcohol                 $71.00     $75.00     $78.00
  dealer (Type 19)...
  (20) Retail
  package off-sale
  beer & wine (Type      $105.00    $157.00    $209.00
  20) ...............
  (21) Retail
  package off-sale
  general license
  (Type 21)
  and controlled
  access                 $431.00    $448.00    $464.00
  cabinet permit
  (Type 66)..........
  (22) On-sale beer
  (Type
  40 & Type 61); On-
  sale
  beer & wine (Type
  42);
  Special on-sale
  beer &
  wine (Theater)
  (Type 69);
  and Special on-sale    $204.00    $210.00    $215.00
  beer & wine
  (Symphony)
  (Type 65)..........
  (23) On-sale beer
  & wine
  eating place (Type     $236.00    $263.00    $290.00
  41)................
  (24) On-sale beer
  & wine
  license for trains
  (per                    $48.00     $68.00     $87.00
  train) (Type 43)...
  (25) On-sale beer
  license for
  fishing party
  boats (per              $59.00     $73.00     $87.00
  boat) (Type 44)....
  (26) On-sale beer
  & wine
  license for boats
  (per                    $75.00     $81.00     $87.00
  boat) (Type 45)....
  (27) On-sale beer
  & wine
  license for
  airplanes (per
  scheduled flight)       $48.00     $68.00     $87.00
  (Type 46)..........
  (28) On-sale
  general license
  (Types 47, 48, 57,
  70, 75,
  78, 78D (for 78D
  see
  Section 23396.2))
  and
  club caterer's
  permit
  (Type 58):
  --In cities of
  40,000
  population or
  over...............    $698.00    $715.00    $731.00
  --In cities of
  less than
  40,000 but more
  than 20,000            $503.00    $520.00    $536.00
  population.........
  --In all other         $443.00    $460.00    $476.00
  localities.........
  Duplicate on-sale
  general
  license (Types
  47D, 48D,
  57D) and portable      $499.00    $513.00    $526.00
  bar
  license (Type 68):
  --In cities of         $295.00    $303.00    $311.00
  40,000
  population or over.    $233.00    $239.00    $245.00
  --In cities of
  less than
  40,000 but more
  than
  20,000 population..
  --In all other
  localities.........
  (29) On-sale
  general license
  for seasonal
  business
  (Type 49):
  --In cities of
  40,000
  population or over
  (per
  quarter)...........
  --In cities of
  less than
  40,000 but more
  than                   $176.00    $181.00    $186.00
  20,000 population
  (per
  quarter)...........
  --In all other         $126.00    $129.00    $132.00
  localities
  (per quarter)......    $109.00    $112.00    $115.00
  Duplicate on-sale
  general
  license for
  seasonal
  business (Type
  49D):                  $126.00    $129.00    $132.00
  --In cities of
  40,000
  population or over
  (per                    $74.00     $76.00     $78.00
  quarter)...........
  --In cities of          $59.00     $61.00     $62.00
  less than
  40,000 but more
  than
  20,000 population
  (per
  quarter)...........
  --In all other
  localities
  (per quarter)......
  (30) (a)  On-sale
  general
  license for bona
  fide
  clubs, (b) Club
  license
  (issued under
  Article 4 of
  this chapter), or
  (c) Veterans' club
  license
  (issued under
  Article 5
  (commencing with
  Section 23450) of
  this
  chapter) (Types
  50, 51,                $400.00    $411.00    $422.00
  52, & 64):
  --In cities of
  40,000                 $301.00    $309.00    $317.00
  population or over.
  --In cities of         $267.00    $274.00    $281.00
  less than
  40,000 but more
  than
  20,000 population..
  --In all other
  localities.........
  (31) On-sale
  general license
  for trains and
  sleeping               $156.00    $160.00    $164.00
  cars (Type 53).....
  --Duplicate on-sale
  general license for
  trains and
  sleeping car            $46.00     $52.00     $58.00
  companies
  (Type 53D).........
  (32) On-sale
  general license
  for boats (Type        $402.00    $413.00    $424.00
  54)................
  (33) On-sale
  general license
  for airplanes          $402.00    $413.00    $424.00
  (Type 55)..........
  --Duplicate on-sale
  general license
  for air                 $32.00     $45.00     $58.00
  common carriers
  (Type 55D).........
  (34) On-sale
  general license
  for vessels of
  more than
  1,000 tons burden
  (Type
  56) and for            $156.00    $160.00    $164.00
  Maritime
  Museum (Type 76)...
  --Duplicate on-sale
  general license for
  vessels of more
  than
  1,000 tons burden       $46.00     $52.00     $58.00
  (Type 56D) and for
  Maritime Museum
  (Type 76D).........
  (35) On-sale
  general bona
  fide public eating
  place
  intermittent
  dockside
  license for
  vessels of
  more than 7,000        $435.00    $447.00    $459.00
  tons
  displacement (Type
  62)................
  (36) On-sale
  special beer &
  wine license for
  hospitals,
  convalescent
  homes, and              $68.00     $70.00     $72.00
  rest homes (Type
  63)................
  (37) On-sale beer
  & wine
  seasonal (Type 59)
  and
  on-sale beer
  seasonal
  (Type 60)              $161.00    $171.00    $180.00
  --Operating period
  3-9 months.........    $108.00    $115.00    $122.00
  --Operating period
  3-6 months.........

   (b) Beginning January 1, 2009, each fee specified in subdivision
(a) shall be increased by 11.78 percent, in lieu of any annual fee
adjustment that could have been imposed for the previous four years.
The increase to each fee shall be rounded to the nearest whole
dollar.
   (c) Beginning January 1, 2010, and each January 1 thereafter, the
department may adjust each of the fees specified in this section by
increasing each fee by an amount not to exceed the percentage that
the Consumer Price Index (United States Bureau of Labor Statistics,
West Region, All Urban Consumers, All Items, Base Period 1982-84 =
100) for the preceding April 2008, and each April annually
thereafter, has increased under the same index over the month of
April 2007, which shall be the base period. No fee shall be decreased
pursuant to this adjustment below the fee currently in effect on
each December 31. In the event that this index is discontinued, the
department shall consult with the Department of Finance to convert
the increase calculations to an index then available. When approved
by the Department of Finance, the new index shall replace the
discontinued index.
   (d) The department shall calculate the percentage increase as
specified in subdivision (c) and shall apply this increase to each
fee. The increase to each fee shall be rounded to the nearest whole
dollar. The adjusted fee list shall be published by the department
and transmitted to the Legislature for approval as part of the
department's budget submission for the fiscal year in which the
adjusted fees would be implemented. This adjustment of fees and
publication of the adjusted fee list is not subject to the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.

23320.1.  In addition to the licenses specified in Section 23320,
the department may issue special onsale general licenses. The annual
fee for such licenses shall be the same as the fee prescribed for
onsale general licenses in Section 23320.

23320.5.  (a) In addition to the annual fees provided for in Section
23320, the department shall collect a surcharge of five dollars
($5).
   (b) All money collected from the surcharge shall be deposited in
the Motor Vehicle Account in the State Transportation Fund, and shall
be used for the Department of the California Highway Patrol's
Designated Driver Program, when appropriated to the Department of the
California Highway Patrol for that purpose.

23320.6.  (a) The Wine Safety Fund is hereby created as a special
fund in the State Treasury, in trust, to the State Department of
Health Services for the purpose of providing funds to better enable
its Food and Drug Branch to carry out and supervise a statistically
valid testing program to ensure that levels of lead in wine sold in
this state remain safe and within tolerances established by
applicable laws and regulations, for the health and safety of the
consuming public upon appropriation by the Legislature in the annual
Budget Act. The fees collected pursuant to Section 23320.7 shall be
sufficient to cover, but shall not exceed, the costs of administering
the testing program, including the reimbursement of any importer or
retailer for the wholesale cost of any wine tested, conducted
pursuant to this section. All moneys collected under Section 23320.7,
including any interest accrued thereon, shall be deposited in the
Wine Safety Fund.
   (b) It is the intent of the Legislature to appropriate moneys in
the Wine Safety Fund in equal amounts of fifty-five thousand three
hundred dollars ($55,300) over five years to the State Department of
Health Services for expenditure exclusively for the purposes set
forth in subdivision (a).

23321.  The license for trains shall be issued to a railroad company
or other person selling distilled spirits on board trains operating
in this State, and a duplicate thereof shall be obtained for each
train on which distilled spirits are sold. The license for cars of
sleeping car companies shall be issued to a sleeping car company
operating sleeping cars in this State, and a duplicate thereof shall
be obtained for each train in which distilled spirits are sold by
such companies. The license for airplanes shall be issued to an air
common carrier selling distilled spirits on board airplanes operating
in this State, and a duplicate thereof shall be obtained for each
scheduled flight on which distilled spirits are sold.

23321.6.  The license for vessels of more than 1,000 tons burden
engaged in interstate and foreign commerce shall be issued to a
common carrier by water selling distilled spirits on board vessels
operating in this State, and a duplicate thereof shall be obtained
for each vessel on which distilled spirits are sold.

23321.7.  The on-sale general bona fide public eating place
intermittent dockside license for vessels of more than 7,000 tons
displacement may be issued for any vessel of more than 7,000 tons
displacement with cabin berth capacity for at least 75 passengers.
Each license issuable under this section shall be used only in the
county where issued, but a vessel qualified under this section may be
issued such a license in more than one county. Notwithstanding the
provisions of Section 23397, the licensee under each such license
shall be authorized to sell alcoholic beverages to the general public
aboard the vessel respecting which the license is issued when the
vessel is securely lashed on berth in the county for which the
license is issued, provided that such sales are incidental to the
passenger operations of such vessel and such beverages are purchased
from persons licensed to sell alcoholic beverages for resale in this
state. In no event shall the rights under any such license be
exercised in any county during more than 100 calendar days in any
calendar year. Notwithstanding the provisions of Article 2
(commencing with Section 23815) of Chapter 5 of this division, there
shall be no limitation, other than provided in this section, on the
number of licenses that may be issued under this section to
applicants who meet its requirements. Except as otherwise
specifically provided in this section, all provisions of this
division shall apply to any license issued under this section in the
same manner as such provisions apply to an on-sale general license
issued for a bona fide public eating place, provided that no caterer'
s permit may be issued pursuant to Section 23399 with respect to any
license issued hereunder, and provided further that any duplicate
license issued pursuant to Section 24042 respecting such vessel shall
bear the same fee specified by subdivision (35) of Section 23320.

23325.  When the fee for any license is graduated according to the
amount of alcoholic beverages produced under the license, the license
fee shall be determined solely upon the gallonage produced, even
though the license is applied for after the beginning of the license
year.

23327.  Persons holding wine growers' licenses shall report annually
at the end of each fiscal year, at such time and in such manner as
the department may prescribe, the amount of wine produced by them
during the fiscal year.
   If the total amount of wine produced during the year exceeds the
amount permitted annually by the license fee already paid the
department, the licensee shall pay such additional license fee as may
be unpaid in accordance with the schedule provided in Section 23320.

23328.  If a licensee neglects or refuses to make a report as
required by Section 23327, the department shall make an estimate
based upon any information in its possession, or that may come into
its possession, of the amount of wine produced by the delinquent
licensee for the periods with respect to which he failed to make a
report and, upon the basis of the estimated amount, compute and
assess the additional license fees payable by the delinquent
licensee. An assessment may be made of the amount of license fees due
for more than one period. The department shall give the delinquent
licensee written notice of the estimated license fee.

23329.  If the department is not satisfied with a report required to
be filed by Section 23327, it may make an additional assessment of
license fees due based upon the facts contained in the report or upon
any information within its possession, or that comes into its
possession. An additional assessment may be made of the license fees
for more than one period. In making an additional assessment the
department may offset overpayments for periods against underpayments
for other periods. The department shall give the licensee written
notice of the additional assessment.

23330.  Any licensee against whom an assessment is made by the
department pursuant to Section 23328 or 23329 may petition for
reassessment within 15 days after service upon the licensee of notice
of the assessment. If a petition for reassessment is not filed
within the 15-day period, the amount of the assessment becomes final
at the expiration thereof.

23331.  If a petition for reassessment is filed within 15 days, the
department shall reconsider the assessment and, if the licensee has
so requested in his petition, shall grant the licensee an oral
hearing and give the licensee 10 days' notice of the time and place
of hearing. The department may continue the hearing from time to time
as may be necessary. The department may decrease or increase the
amount of the assessment. The amount of the assessment may be
increased, however, only if a claim for the increase is asserted by
the department at or before the hearing.

23332.  The order or decision of the department upon a petition for
reassessment becomes final upon service upon the licensee of notice
of the order or decision. All assessments made by the department in
regard to license fees become due and payable at the time they become
final.

23334.  On- or off-sale general licensees shall keep books of
accounts in which shall be kept records of all distilled spirits
acquired by them, or in lieu thereof shall preserve all original
bills and invoices for distilled spirits acquired. The records shall
be in the form prescribed by the department and shall show at all
times all purchases of distilled spirits made during the previous
three years.


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