California § 23504.5 - Notwithstanding any other provision of this division to the contrary, a licensed

§ 23504.5. Notwithstanding any other provision of this division to the contrary, a licensed

(a) Notwithstanding any other provision of this division to the contrary, a licensed craft distiller, or a qualifying out-of-state distiller whose license is not suspended, may directly ship distilled spirits manufactured or produced by the licensee at its premises to a consumer only if they comply with all of the following requirements: (1) The amount shipped shall not exceed the equivalent of 2.25 liters in any combination of prepackaged containers per day per consumer and shall be solely for the consumer’s personal use and not for resale. (2) The licensed craft distiller, or qualifying out-of-state distiller, shall maintain adequate records of the shipments and provide those records to the department upon request. (3) The licensed craft distiller, or qualifying out-of-state distiller, shall require the common carrier to obtain the signature of any individual 21 years of age or older before delivering any distilled spirits shipped to an individual in this state. (4) The containers in which the distilled spirits are shipped shall be conspicuously labeled with the words: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.” (5) The licensed craft distiller, or qualifying out-of-state distiller, shall hold a current distilled spirits direct shipper permit issued by the department. (b) To obtain and maintain a distilled spirits direct shipper permit from the department, the craft distiller, or qualifying out-of-state distiller, shall do all of the following: (1) File an application for a distilled spirits direct shipper permit with the department. (2) Pay the same fees that apply to a direct shipper permit (Type 82). (3) Provide the department with the craft distiller’s California alcoholic beverage license number or a true copy of their current alcoholic beverage distiller license issued by another state, as applicable. (4) If the permitholder is located outside of this state, report to the department no later than January 1, 2027, the total amount of distilled spirits shipped into the state during the preceding calendar year under the distilled spirits direct shipper permit. (5) If the permitholder is located within this state, provide to the department any necessary additional information not currently provided to ensure compliance with this section. (6) Permit the department to perform an audit of the distilled spirits direct shipper permitholder’s records upon request. (7) Be deemed to have consented to the jurisdiction of the department or any other state agency and California courts concerning enforcement of this section and any related laws, rules, or regulations. (c) The department may enforce the requirements of this section by administrative proceedings to suspend or revoke the distilled spirits direct shipper permit, and the department may accept payment of an offer in compromise in lieu of suspension as provided by this division. Any hearing held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code against a permitholder outside of California shall be held in the City of Sacramento. (d) A person shall not sell and ship distilled spirits directly to consumers in California without possessing a current distilled spirits direct shipper permit issued by the department. A person who knowingly makes, participates in, transports, imports, or receives a shipment from a person who does not possess a current distilled spirits direct shipper permit issued by the department pursuant to this section is guilty of a misdemeanor pursuant to Section 25617. (e) For purposes of this section, “qualifying out-of-state distiller” means a distiller licensed in any other state that satisfies the conditions necessary for a craft distiller license under the laws of this state. (f) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.