Section 79 - Sales Without Licenses(a) Temporary Continuation of Retail Business. The administrator, executor or guardian of the estate of a retail licensee or receiver for a retail licensee or trustee of the bankrupt estate of a retail licensee, or assignee for the benefit of creditors of a retail licensee, or the surviving and competent colicensees of a deceased or incompetent retail licensee, may apply to the district supervisor of the department in the district in which the licensed premises are located for permission to operate a licensed business under the provisions of Section 23102 of the Alcoholic Beverage Control Act. Permission to sell and deal in alcoholic beverages under the authority of the license may be granted by district supervisor orally and shall be immediately confirmed in writing. Suspension or revocation of permission under this section may be made by the department in accordance with the provisions of the Alcoholic Beverage Control Act applicable to licenses.(b) Temporary Continuation of Licensed Business Other Than Retail. The administrator, executor or guardian of the estate, or receiver, or assignee for the benefit or creditors, or trustee of the bankrupt estate of a licensee other than a retail licensee, may apply to the Director of Alcoholic Beverage Control for permission to operate under the provisions of Section 23102 and shall accompany such application with a surety bond as required by Part 14 of Division 2 of the Revenue and Taxation Code. Permission to operate shall be made in writing by the Director of Alcoholic Beverage Control, and suspension or revocation of such permission to operate may be made by the department in accordance with the provisions of the Alcoholic Beverage Control Act applicable to licenses.(c) Sales by Former Licensees. A former licensee, or licensee whose license has been surrendered under Rule 65, may apply to a district office of the department in writing for permission to sell his stock of alcoholic beverages to a licensee or licensees authorized to resell such alcoholic beverages. The application shall state the date and hour of the proposed sale, which shall be not less than five nor more than 15 days from the date of filing the application, and shall be accompanied by an inventory of all alcoholic beverages to be sold to each licensee. The District Administrator may grant approval if he is satisfied the stated facts are correct. The applicant shall be given written notice of such approval, which notice he shall present upon request to any peace officer at the time of the sale. The above requirements shall not apply to a licensee whose license is in process of transfer and who, in conjunction with that transfer, sells his stock of alcoholic beverages to the transferee.
(d) Sales to Enforce Warehouseman's Lien. A warehouseman, making a sale of alcoholic beverages to enforce a lien acquired under the Warehouse Receipts Act, shall sell distilled spirits only to distilled spirits manufacturers, manufacturers' agents, rectifiers and wholesalers, and shall sell beer and wine only to beer manufacturers and importers and to wine growers and importers. Written notice of sale shall be given the department at least one week in advance of sale.(e) Insurers and Common Carriers. Any insurer which has insured the licensee against loss or damage to alcoholic beverages of the licensee, or any common carrier acting as an insurer for losses to persons shipping alcoholic beverages may apply to the Sacramento office of the department for permission to sell alcoholic beverages of such licensee, or other person shipping alcoholic beverages which have been damaged by fire or otherwise. The application shall be in writing in triplicate and shall state the name of the licensee or other person whose alcoholic beverages have been damaged, the quantity of the alcoholic beverages damaged and which are to be sold, the location of the alcoholic beverages, and the name of the licensee to whom the sale is to be made. Applications by common carriers shall also show the name of the shipper of alcoholic beverages, point of origin of the shipment, and the consignee. Any insurer or common carrier acting as an insurer shall, before completing a sale of damaged malt beverages to any other type of licensee, offer the merchandise back to the manufacturer who produced it if that manufacturer is a California licensee or to the importer of the merchandise involved if the manufacturer is not licensed in California. If such California manufacturer or importer meets the highest price offered for the merchandise by any other type of licensee within ten days of notification by the insurer of the highest offer, the sale of the damaged malt beverages shall be made to said manufacturer or importer rather than to the other licensee.
(f) Sales by Executors or Administrators. An executor or administrator of the estate of a deceased person who was not a licensee at the time of his death may apply to a district office of the department in writing for permission to sell alcoholic beverages under Section 23104.4 of the Business and Professions Code. The application shall be in triplicate and shall state the quantity, brand, and type of alcoholic beverages to be sold. The district supervisor may, in writing, grant permission to make the sale of alcoholic beverages to a licensee authorized to sell such alcoholic beverages, such sale to be made at any time within 10 days from the date of granting approval.Cal. Code Regs. Tit. 4, § 79
1. Amendment of subsection (c) filed 12-6-68; designated effective 1-8-69 (Register 68, No. 46). For prior history, see Register 64, No. 8.
2. Amendment of subsection (c) filed 2-8-72; designated effective 3-10-72 (Register 72, No. 7).
3. Amendment of subsection (f) filed 2-2-77; designated effective 3-7-77 (Register 77, No. 6).
4. Repealer of subsection (d) and relettering of former subsections (e)-(g) to subsections (d)-(f) filed 6-4-84; effective thirtieth day thereafter (Register 84, No. 23). Note: Authority cited: Section 25750, Business and Professions Code. Reference: Section 23381, Business and Professions Code.
1. Amendment of subsection (c) filed 12-6-68; designated effective 1-8-69 (Register 68, No. 46). For prior history, see Register 64, No. 8.
2. Amendment of subsection (c) filed 2-8-72; designated effective 3-10-72 (Register 72, No. 7).
3. Amendment of subsection (f) filed 2-2-77; designated effective 3-7-77 (Register 77, No. 6).
4. Repealer of subsection (d) and relettering of former subsections (e)-(g) to subsections (d)-(f) filed 6-4-84; effective thirtieth day thereafter (Register 84, No. 23).