Title BPC, California Bus. & Prof. Code

(a) Except as provided in subdivision (b), the customer list, including the names, addresses and identity of all employer customers who have listed job orders with an employment agency within a period of 180 days prior to the separation of an employee from the agency and includin…

(a) For purposes of this section, the following definitions apply: (1) “Contract” includes a promise, undertaking, contract, or agreement, whether written or oral, express or implied. (2) “Debt” means money, personal property, or their equivalent that is due or owing or alleged t…

This chapter may be cited as the Automobile Dealers Anti-coercion Act. (Added by Stats. 1941, Ch. 44.)

The provisions of this chapter are cumulative of each other and of any other provision of law relating to the same subject in effect September 15, 1935. (Added by Stats. 1941, Ch. 44.)

As used in this chapter: (a) “Person” means any individual, firm, corporation, partnership, limited liability company, association, trustee, receiver or assignee for the benefit of creditors. (b) “Sell,” “sold,” “buy,” and “purchase” include exchange, barter, gift, and offer of c…

It is unlawful for a manufacturer to sell or contract to sell motor vehicles to a retailer on the condition or with an agreement or understanding, either express or implied, that the retailer shall finance the purchase or sale of motor vehicles only with or through a designated p…

Any threat, express or implied, made to a retailer by a manufacturer that the manufacturer will cease to sell, or refuse to contract to sell, or will terminate a contract to sell, motor vehicles to the retailer, unless such retailer finances the purchase or sale of motor vehicles…

Any threat, express or implied, made to a retailer by any person, or any agent of any such person, who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles in this St…

It is unlawful for any manufacturer to pay or give or to contract to pay or give any subsidy to any lender or to discriminate in favor of or against any lender if the effect of any such subsidy or discrimination may be to lessen competition or tend to create a monopoly in the per…

It is unlawful for any lender to accept or contract or agree to accept either directly or indirectly any subsidy or the benefit resulting from any discrimination made unlawful by this chapter from any manufacturer if the effect of the acceptance of any such subsidy or benefit may…

It is unlawful for any person other than an automobile dealer or automobile distributor who accepts either directly or indirectly any subsidy or the benefit resulting from any discrimination made unlawful by this chapter or contracts either directly or indirectly to accept any su…

Any contract or agreement in violation of the provisions of this chapter is void and is not enforceable at law or in equity. (Added by Stats. 1941, Ch. 44.)

Upon a violation of this chapter by any corporation or association the Attorney General or the district attorney of the proper county shall institute proceedings in any court of competent jurisdiction for the forfeiture of charter rights, franchises or privileges and powers exerc…

Every foreign corporation or association, exercising any of the powers, franchises or functions of a corporation in this State which violates this chapter, is hereby denied those powers, franchises or functions and is prohibited from doing any business in this State. The Attorney…

(a) Any person who violates this chapter, any person who is a party to any agreement or understanding, or to any contract prescribing any condition prohibited by this chapter, any employee, agent or officer of any such person who participates in making, executing, enforcing, perf…

(a) In addition to the criminal and civil penalties herein provided, any person who is injured in his business or property by reason of anything declared to be unlawful by this chapter may sue therefor in any court having jurisdiction in the county where the defendant resides or …

This division shall be known as and may be cited as the Cigarette and Tobacco Products Licensing Act of 2003. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)

The Legislature finds and declares all of the following: (a) The State of California has enacted excise taxes on the distribution of cigarettes and tobacco products to provide funding for local and state programs, including health services, antismoking campaigns, cancer research,…

The board shall administer a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)

The board may create a Tobacco Tax Compliance Task Force for the purpose of advising the board on cigarette and tobacco products tax compliance issues that may include, but not be limited to, representatives from the following: (a) The board. (b) The office of the Attorney Genera…

For purposes of this division, the following terms shall have the following meanings: (a) “Brand family” has the same meaning as that term is defined in paragraph (2) of subdivision (a) of Section 30165.1 of the Revenue and Taxation Code. (b) “Cigarette” means a cigarette as defi…

Commencing January 1, 2006, the Bureau of State Audits shall conduct a performance audit of the licensing and enforcement provisions of this division, and shall report its findings to the board and the Legislature by July 1, 2006. The report shall include, but not be limited to: …

The board shall administer and enforce the provisions of this division and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this division. (Added by Stats. 2003, Ch. 890, Sec. 1. Effective January 1, 2004.)

Nothing in this division preempts or supersedes any local tobacco control law other than those related to the collection of state taxes. Local licensing laws may provide for the suspension or revocation of the local license for any violation of a state tobacco control law. (Added…

No person is subject to the requirements of this division if that person is exempt from regulation under the United States Constitution, the laws of the United States, or the California Constitution. (Added by Stats. 2004, Ch. 822, Sec. 1. Effective September 27, 2004.)

Any notice required by this division shall be served personally or by mail. If by mail, the notice shall be placed in a sealed envelope, with postage paid, addressed to the licensee at the address as it appears in the records of the board. The giving of notice shall be deemed com…

This division shall be known and may be cited as the “Alcoholic Beverage Control Act.” (Added by Stats. 1953, Ch. 152.)

This division is an exercise of the police powers of the State for the protection of the safety, welfare, health, peace, and morals of the people of the State, to eliminate the evils of unlicensed and unlawful manufacture, selling, and disposing of alcoholic beverages, and to pro…

If any provision of this division or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this division that can be given effect without the invalid portion or application, and to this end the…

Unless the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this division. (Added by Stats. 1953, Ch. 152.)

“Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (Added by Stats. 1953, Ch. 152.)

“Powdered alcohol” means an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted as an alcoholic beverage when mixed with water or any other liquid. “Powdered alcohol” does not include “vaporized alcohol,” as de…

“Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mix…

“Distilled spirits” means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof. “Distilled spirits” does not inclu…

“Beer” means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer, but does not in…

“Wine” means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distil…

“Person” includes any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular number. (Added by Stats. 1953, Ch. 152.…

“Licensee” means any person holding a license, a permit, a certification, or any other authorization issued by the department. (Amended by Stats. 2004, Ch. 437, Sec. 1. Effective September 9, 2004.)

“Taxpayer” means a person liable for the payment of a tax pursuant to Part 14 of Division 2 of the Revenue and Taxation Code. (Amended by Stats. 1955, Ch. 1842.)

“Salesman” means any individual who solicits or receives an order for alcoholic beverages from any licensee. (Added by Stats. 1953, Ch. 152.)

“Beer manufacturer” means any person that has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of beer. (Amended by Stats. 2013, Ch. 686, Sec. 1. (AB 647) Effective January 1, 2014.)

“Winegrower” means any person who has facilities and equipment for the conversion of grapes, berries, or other fruit into wine and is engaged in the production of wine. (Amended by Stats. 2008, Ch. 28, Sec. 1. Effective June 6, 2008.)

A “wine blender” is a person authorized to operate a bonded wine cellar pursuant to a permit issued for that purpose under the Internal Revenue Laws of the United States but who does not have facilities or equipment for the conversion of grapes, berries or other fruit into wine a…

“Brandy manufacturer” means any person engaged in the manufacture of brandy only and not in the manufacture of any other distilled spirits. (Added by Stats. 1953, Ch. 152.)

“Distilled spirits manufacturer” means a person who produces distilled spirits from naturally fermented materials or in any other manner. “Distilled spirits manufacturer” does not include a winegrower that produces spirits of wine, provided the spirits of wine are blended into wi…

“Rectifier” means every person who colors, flavors, or otherwise processes distilled spirits by distillation, blending, percolating, or other processes. “Rectifier” does not include an on-sale licensee that colors, flavors, or blends distilled spirits or wine products on the on-s…