California Code
ARTICLE 3 - Rights and Obligations of Licensees
Section 23396.2.

23396.2. (a) An on-sale general license for a wine, food and art cultural museum, and educational center and an on-sale general license for a wine and food cultural museum and educational center authorizes those persons described in subdivision (b) to sell, furnish, or give alcoholic beverages for consumption on the premises and off-sale privileges, as further qualified herein.

(b) (1) For purposes of this division, “a wine, food and art cultural museum, and educational center” is a person that meets all the following conditions:

(A) The retail premises shall include an auditorium, concert terrace, exhibition gallery, teaching kitchen, and library and may be adjacent to a bona fide eating place as defined in Section 23038.

(B) The premises is located in the County of Napa, operated by a nonprofit entity that is exempt from payment of income taxes as an organization described in Section 501(c)(3) of the Internal Revenue Code, and includes real estate improvements of a value of at least forty-five million dollars ($45,000,000).

(2) For purposes of this division, “a wine and food cultural museum and educational center” is a person that meets all the following conditions:

(A) The retail premises shall include an auditorium, exhibition gallery, teaching kitchen, and library and may be adjacent to a bona fide eating place as defined in Section 23038.

(B) The premises is located in the County of Sonoma, operated by a nonprofit entity that is exempt from payment of income taxes as an organization described in Section 501(c)(3) of the Internal Revenue Code, and includes real estate improvements of a value of at least ten million dollars ($10,000,000).

(c) (1) The department shall upon request and qualification issue a licensee located in the County of Napa a duplicate of the original license for a premises located on commonly owned property contiguous to, or in close proximity to the original licensed premises. As used in this section, “close proximity” shall mean the original licensed premises is no further than 900 feet from the premises issued the duplicate license regardless of whether the two premises are separated by a public or private street, alley, or sidewalk.

(2) The department shall upon request and qualification issue a licensee located in the County of Sonoma a duplicate of the original license for a premises located on commonly owned, leased, or managed property contiguous to, or in close proximity to the original licensed premises. As used in this section, “close proximity” shall mean the original licensed premises is no further than 900 feet from the premises issued the duplicate license regardless of whether the two premises are separated by a public or private street, alley, or sidewalk.

(d) There shall be no limit as to the number of events held on a licensed premises or duplicate premises at which a person or persons issued caterer’s permits under Section 23399 may sell alcoholic beverages so long as the on-sale general licensee surrenders its license privileges for any portion of the premises at which a catered event is held for the duration of the event.

(e) A licensee licensed under this section shall not be included in the definition of “public premises” under Section 23039.

(f) The provisions of Article 2 (commencing with Section 23815) of Chapter 5 do not apply to the issuance of a license issued pursuant to this section. A license issued pursuant to this section may be transferred to another person, qualified pursuant to subdivision (b), but not to another location. A licensee specified in this section shall purchase no alcoholic beverages for sale in this state other than from a wholesaler or winegrower licensee. Notwithstanding any other provision of this division, licensees may donate wine to a person licensed under this section.

(g) Notwithstanding any other provision of this division, a manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, or the holder of an importer’s general license may hold the ownership of any interest, directly or indirectly, in the premises and in the license issued pursuant to this section, may serve as an officer, director, employee, or agent of that licensee, and may sponsor or fund educational programs, special fundraising and promotional events, improvements in capital projects, and the development of exhibits or facilities of and for that licensee provided the number of items of beer, wine, or distilled spirits by brand, exclusive of wine labeled for the licensee authorized in subdivision (a) of this section, offered for sale by the licensee, which are produced, bottled, rectified, distilled, processed, imported, or sold by an individual licensee holding an interest in, serving as an officer, director, employee or agent of, or sponsoring or funding the programs and projects of the retail licensee, does not exceed 15 percent of the total items of beer, wine, or distilled spirits by brand listed and offered for sale in the retail licensed premises.

(Amended by Stats. 2019, Ch. 29, Sec. 23. (SB 82) Effective June 27, 2019.)

Structure California Code

California Code

Business and Professions Code - BPC

DIVISION 9 - ALCOHOLIC BEVERAGES

CHAPTER 3 - Licenses and Fees

ARTICLE 3 - Rights and Obligations of Licensees

Section 23355.

Section 23355.1.

Section 23355.2.

Section 23355.3.

Section 23356.

Section 23356.1.

Section 23356.2.

Section 23356.3.

Section 23356.5.

Section 23356.6.

Section 23356.7.

Section 23356.8.

Section 23356.9.

Section 23357.

Section 23357.1.

Section 23357.2.

Section 23357.3.

Section 23357.4.

Section 23358.

Section 23358.2.

Section 23358.3.

Section 23359.

Section 23360.

Section 23361.

Section 23362.

Section 23363.

Section 23363.1.

Section 23363.2.

Section 23363.3.

Section 23364.

Section 23365.

Section 23366.

Section 23366.1.

Section 23366.2.

Section 23366.3.

Section 23366.5.

Section 23367.

Section 23368.

Section 23368.1.

Section 23369.

Section 23370.

Section 23371.

Section 23372.

Section 23373.

Section 23373.1.

Section 23373.2.

Section 23373.4.

Section 23373.5.

Section 23374.

Section 23374.5.

Section 23374.6.

Section 23375.

Section 23375.5.

Section 23375.6.

Section 23376.

Section 23377.

Section 23378.

Section 23378.05.

Section 23378.1.

Section 23378.2.

Section 23379.

Section 23380.

Section 23381.

Section 23382.

Section 23383.

Section 23384.

Section 23385.

Section 23386.

Section 23387.

Section 23388.

Section 23389.

Section 23390.

Section 23390.5.

Section 23391.

Section 23392.

Section 23393.

Section 23393.5.

Section 23394.

Section 23394.5.

Section 23394.7.

Section 23395.

Section 23396.

Section 23396.1.

Section 23396.2.

Section 23396.3.

Section 23396.5.

Section 23396.6.

Section 23397.

Section 23398.

Section 23398.5.

Section 23399.

Section 23399.1.

Section 23399.2.

Section 23399.3.

Section 23399.4.

Section 23399.45.

Section 23399.5.

Section 23399.52.

Section 23399.6.

Section 23399.65.

Section 23399.7.

Section 23400.

Section 23401.

Section 23401.5.

Section 23402.

Section 23402.5.

Section 23403.

Section 23404.

Section 23405.

Section 23405.1.

Section 23405.2.

Section 23405.3.

Section 23405.4.