Who May Obtain a Wine Sales Event Permit

Any licensee holding a Winegrowers License (Type 02) may apply for a wine sales event permit. A wine sales event permit authorizes the licensee to sell bottled wine produced by the winegrower for consumption off the premises where sold and only at fairs, festivals or cultural events sponsored by designated tax exempt organizations, or similar events approved by the Department of Alcoholic Beverage Control (ABC).

How to Apply

Submit a completed Additional License/Permit Application (Form ABC-239) to your nearest ABC office. For information regarding fees for the wine sales event permit, please contact your local ABC office. Please note that each licensee may apply for only one wine sales event permit.

Event Authorization

To use your wine sales event permit, you must comply with the restrictions listed below and notify the city, county, or city and county where the event is being held at least five (5) days prior to the event. In addition, you must also obtain approval from ABC for each event. To obtain this approval, you must file an event authorization (Form ABC-222) with your nearest ABC office at least three (3) working days prior to the event.

Permit Restrictions

The Wine Sales Event permit is subject to the following restrictions:

• The permit authorizes the sale of bottled wine at festivals, state, county, district or citrus fruit fairs, and at civic or cultural celebrations and the event shall be sponsored by an organization that is exempt from taxation under Section 23701a of the Revenue and Taxation Code, including state designated fairs as specified in Section 19418 of the Revenue and Taxation Code, or exempt from taxation under Section 23701b, 23701d, 23701e, 23701k, 23701l, 23701r, or 23701w of the Revenue and Taxation Code.
• The sale of the wine shall not be the primary purpose of the event, and the sale shall be for consumption off the premises where sold
• The permit shall be valid for a maximum of five consecutive days during the event period.
• A wine sales event permit may not be used more than two times a month at a particular location.
• At all events, a copy of the wine sales permit shall be maintained.
• A licensee holding a wine sales event permit may not sell more than 1,250 gallons of wine per event.
• A licensee may not sell more than 5,000 gallons of wine annually pursuant to this permit.
•  A licensee that is eligible to receive a certified farmers’ market sales permit under Section 23399.4 and a wine sales event permit may not, under both permits collectively, sell more than a total of 5,000 gallons of wine annually.
• The licensee shall annually report to the department the total gallons of wine sold by that licensee under this permit.

Introduction

Business and Professions Code (BPC) § 23826.13 authorizes the Department to issue up to five (5) new original neighborhood-restricted special on-sale general licenses each year, until a total of thirty (30) new licenses authorized by this section are issued in the specified census tracts located in the city and county of San Francisco. In issuing these licenses, the statute requires that the department utilize its established procedures for issuing original general licenses, as set forth in BPC § 23961. Neighborhood-restricted special on-sale general licenses are required to be operated as bona fide eating places in compliance with BPC § 23038 but are restricted from any off-sale privileges. In addition, neighborhood-restricted special on-sale general licenses are generally non-transferrable to any other entity or to another location outside the census tracts listed in paragraphs (1) to (7) of subdivision (b) of BPC § 23826.13.

The census tracts listed in subdivision (b)(1) and (b)(6) of BPC § 23826.13 are currently full and the department will not be accepting applications for those neighborhoods. Additionally, if more applications are received for a neighborhood than the number of licenses available, the applicants will be placed in a random drawing to determine the order in which applications will be processed for that neighborhood.

Application Filing Period

During the period of September 11, 2023 through September 22, 2023, ABC offices will accept applications for new original neighborhood-restricted special on-sale general licenses in San Francisco County.

Application Fees: $17,335

The application fee must be paid by certified check, cashier’s check, or money order only. Additional fees (i.e.; fingerprint, annual fees, etc.) are to be collected at the time of filing the formal application.

Unsuccessful drawing participants or those who withdraw their interest in a priority license prior to the drawing or prior to filing a formal application, may request a full refund, minus a $100 service charge.

Refunds will be made payable to the applicant(s) listed on the Neighborhood-Restricted Special On-sale General License application form submitted to the department.

Successful participants who withdraw their interest after filing a formal application for a priority license will be entitled to a refund in accordance with Business and Professions Code Section 23320 and 23959. Pursuant to the provisions of Section 12419.5 of the Government Code, once an applicant owes money to the California taxing agencies, a claim against the priority application fee may be made by the taxing agency. If such a claim is made, the amount owed will be deducted from the priority application fee at the time of refund and remitted to the taxing agency.

Name(s) on Application

The application for an original restricted service special on-sale general license must include the names of all persons or entities who have an ownership interest in the application or in the business to be licensed. Failure to include all is grounds for disqualification and loss of application status. There can be no “hidden owners” or “silent partners”.

Residency

To be eligible to participate in a drawing for a neighborhood restricted on-sale general license, an applicant must have been a resident of California for at least 90 days prior to the date of the drawing. If a drawing is necessary, an applicant for a neighborhood restricted on-sale general license will be required to prove residency via submission of the below described documents:

• Individuals — Proof of residency can be established via documents such as a California Driver License, utility bills, voter registration, etc.
• Partnerships — Each partner must provide proof of residency; see information under “Individuals”, above.
• Corporations — The 90-day residence begins with the date its Articles of Incorporation are filed with the Secretary of State. For out-of-state corporations, the 90-day residency begins with the date registered with the Secretary of State to do business in California.
• Limited Partnerships — The 90-day residency begins with the date the form LP-1 is filed with the Secretary of State. For out-of-state limited partnerships, the 90-day residency begins with the date registered with the Secretary of State to do business in California.
• Limited Liability Companies — The 90-day residency begins with the date the form LLC-1 is filed with the Secretary of State. For out-of-state limited liability companies, the 90-day residency begins with the date registered with the Secretary of State to do business in California.

Filing the Application

Applications may be filed in person by going to the ABC San Francisco District Office, located at 33 New Montgomery Street, Suite 1230, San Francisco, CA 94105 or by mail to that address or any other ABC office. During the drawing period, ABC offices will be open Monday through Friday from 8 a.m. until 5 p.m. We encourage all applicants to submit their application early.

Deadline

• In person: On Friday, September 22, 2023, only those applicants within the doors of an ABC office by 5 p.m. may file priority applications.
• By mail: An envelope containing Items (1) and (2) below must be postmarked on or before Friday, September 22, 2023.

The following items are to be included:

1. Fee – certified check, cashier’s check or money order, payable to: Alcoholic Beverage Control.
2. Neighborhood-Restricted Special On-sale General License Application – To be completed in full by all applicants, including previously qualified ‘P-12’ licensees. For example, simply noting “P12 licensee” under the officer/shareholder area will not be accepted. P-12 licensees and current/active licensees are not exempt from thoroughly completing the application. An incomplete application will result in disqualification from participating in the priority drawing. The application requires a single signature on behalf of the applicant entity. If not signed in the presence of an ABC employee, the application must be notarized. In signing, the applicant agrees to comply with conditions and requirements unique to the neighborhood- restricted special on-sale general license application process. Failure to comply with the conditions and requirements may result in automatic withdrawal of the application and cancellation of an applicant’s drawing position.

There are multiple versions of the ABC-522 form. Please complete the version that best relates to the applicant entity.

• ABC-522-A (Sole Owner) – For a single individual applying for a license.
• ABC-522-B (General Partnership) – For multiple individuals, multiple corporate entities, or a combination of the two, such as an individual partnering with a corporate entity, applying for a license.
• ABC-522-C (Limited Partnership) – For a limited partnership with general partners and limited partners applying for a license.
• ABC-522-D (Corporations, Trusts and Non-Profits) – For a corporation with officers/directors and stockholders, trusts and non-profit organizations applying for a license.
• ABC-522-E (Limited Liability Company) – For a limited liability company with managers and/or members applying for a license.

Any priority license application received by ABC that is incomplete or untimely shall disqualified.

Conditions and Restrictions

Applicant

No person or entity who files for a neighborhood-restricted special on-sale general licenses license may have an interest in any other application for the same type of license.

• Applicants may not pool funds to file more than one neighborhood-restricted special on-sale general license
• A married couple may file only one neighborhood-restricted special on-sale general license application.
• No corporation, limited partnership or limited liability company may file a neighborhood- restricted special on-sale general license application if it holds the controlling interest in another entity that has filed for the same type of
• If more than one corporation, limited partnership or limited liability company is a subsidiary of the same parent, only one may file a neighborhood-restricted special on-sale general license application.
• A person or entity who holds ownership interest in a neighborhood-restricted special on-sale general license applicant entity, or who is a principal (officer, director, LLC manager, general partner, etc.) of an applicant entity, may not hold interest in or be a principal of another applicant entity for the same type of license

Each neighborhood-restricted special on-sale general license application must show the names of all persons having an interest in the license application and related business, including all:

• Partners
• General & limited partners of a Limited Partnership
• Corporate officers and directors
• Stockholders or prospective stockholders
• Limited liability company officers, managers, and members

A priority winner can only submit a formal application with the same individuals and entities listed in its priority application. A completed formal application with other individuals or entities included will be rejected by the department as an invalid formal application.

Priority of Applicants

If the number of applicants is equal to or less than the number of neighborhood-restricted special on-sale general licenses available, all applicants will be notified that they have 90 days to complete a formal application for their specific premises in the identified, authorized census tracts.

If there are more applicants than neighborhood-restricted special on-sale general licenses available, a public drawing will be held; the time, date, and place of any drawing will be posted on the department’s website. After the drawing is held, the department will notify each applicant by mail of their position in the drawing.

Successful Drawing Participants

A successful drawing participant is one whose position (number) is not higher than the number of licenses available. These applicants will be notified that they have 90 days to complete a formal application for their specific premises in an identified, authorized census tract. Completion of all standard application forms for an original retail license is required.

A successful applicant who holds an on-sale general license may not make formal application for a neighborhood-restricted special on-sale general license at the premises where that on-sale general license is held. Any existing on-sale license held at an applicant premises must be canceled upon issuance of a neighborhood-restricted special on-sale general license.

Prior to submitting a formal application for a neighborhood-restricted special on-sale general license, a successful applicant must conduct at least one pre-application public meeting, at a location within one mile of the proposed premises, with neighbors and members of the community within the census tract in which the premises are located. At least 14 days prior to the pre-application meeting, the applicant must mail notification of the meeting to the Chief of Police of the San Francisco Police Department, to residents within a 500 foot radius of the proposed premises and to relevant neighborhood associations as identified by the city’s planning department.

Form ABC-522-1, to include signed verification by the San Francisco Board of Supervisors, or their designee, that the applicant completed the required pre-application meeting requirements for the neighborhood-restricted special on-sale general license, is to be included at the time of submission of formal application for the license.

The neighborhood-restricted special on-sale general license application fee, less service charge, will be refunded to successful drawing participants who later withdraw their applications (See Application Fees section above regarding claims by California taxing agencies).

Unsuccessful Drawing Participants

An unsuccessful drawing participant is one whose drawing position (number) is higher than the number of licenses available. The neighborhood-restricted special on-sale general license application fee, less a $100 service charge, will be automatically refunded to each unsuccessful drawing participant. Refund checks will be mailed within 90-120 days of the drawing (See Application Fees [page 1]) regarding claims by California taxing agencies).

Unsuccessful drawing participants on the numeric list in the randomized ordering shall maintain their position by the Department until the following year pursuant to Chapter 1, Title 4 of the California Code of Regulations (CCR) § 69.3 (c). In the event a successful applicant is disqualified or withdraws, the next drawing participant in order of position will be contacted and will have 30 days to repay the previously refunded application fee, and an additional 60 days to file a formal application. In order to maintain drawing position, unsuccessful drawing participants are encouraged to notify ABC of any change in mailing address that occurs while the drawing list is active.

After Issuance of neighborhood-restricted special on-sale general licenses

• Neighborhood-restricted special on-sale general licenses are restricted from being transferred to any other person or entity. Limited allowance for transfer of ownership of licensed entities exists via sections 24071, 24071.1 and 24071.2.
• Neighborhood-restricted special on-sale general licenses are restricted from being transferred to any other premises outside the specified census tracts listed in paragraphs (1) to (7) of subdivision (b) of Section 23826.13. There is an exception when the licensed premises have been destroyed by fire or any act of God or other force beyond the control of the licensee (see section 24081). Additionally, neighborhood-restricted special on-sale general licenses are restricted from being transferred to any other county and from being exchanged for a public premises license.
• If a neighborhood-restricted special on-sale general license is canceled, the department is authorized to issue an additional neighborhood-restricted special on-sale general license pursuant to the above described drawing and application procedures.

References

Article XX, Section 22 of the State Constitution and sections 23038, 23826.13, 23961, 24071, 24071.1, 24071.2 and 24081 of the California Business and Professions Code.

Prior to License Issuance

License Applications

1. The license application process may take approximately 55-90 days or more. The time necessary to complete an application will depend on whether the application is protested and whether all necessary documents and/or information is received in a timely manner. It is possible that other unforeseen circumstances could affect the application processing time.
2. It is highly recommended that applicants do not plan a “Grand Opening” until the license has been issued. A grand opening scheduled by the applicant is not a justification to expedite a licensing investigation.
3. No caterer’s authorizations or daily licenses will be issued at a location that has a pending application being investigated.
4. Operating conditions limiting the license privileges and/or business operations can be imposed for various reasons, including requests from local law enforcement, protests from the public, or Department findings.
   1. If the license is issued with specific operating conditions (ABC-172), the licensee is required to maintain a copy of these conditions on the licensed premises. The copy of the conditions shall be kept in an area readily available for inspection by any law enforcement personnel.
5. No license shall be issued for any premises for which a previous application has been denied or at which a license has been revoked for reasons pertaining to the premises unless one year has elapsed from the date the application was denied or revoked.
6. Many applicants for original licenses are required to mail a “Notice to Engage in the Sale of Alcoholic Beverages” (Form ABC-207-E) to all residents within 500 ft of the applied-for location. The original Form ABC-207-E, along with the Declaration of Service By Mail (Form ABC-207-F), must be returned to the licensing representative assigned to the investigation as proof of compliance with the mailing requirement. Failure to comply with this requirement may delay the investigation or result in the denial of the application.
7. Some applications require that a determination of “public convenience or necessity (PCN)” is established. PCN is required if the applicant’s premises is located in a “high crime” area based on local crime statistics and/or if the number of similar license types exceeds the limit set forth by state law (over-concentration). Applicants will be notified at the time of application if this situation applies to their application. *Some applicants, typically those for non-retail licenses (e.g., wineries, breweries, etc.) may also be required to establish PCN if issuance of the subject license would tend to create a law enforcement problem.
   1. If PCN is required and the application is for an off-sale license (e.g., convenience store, liquor store, type 20 or 21), an on-sale general public premises license (e.g., bar, nightclub, type 42or 48), or an on-sale music venue license (type 90), the applicant must obtain the determination of PCN from the local governing body. Applicants can contact the planning department in their city (or county if located in an unincorporated area) for information on how to apply for a PCN determination. Be aware that a determination of PCN from the local governing body may take many months to process. Please contact the city or county planning department as early as possible.
   2. If PCN is required and the application is for a bona fide eating place type license (e.g., restaurant types 41 & 47, or a lodging establishment type license), the applicant will be required to write a letter to ABC explaining how the issuance of the license will serve either a public convenience or a public necessity. This is often done by explaining what makes the restaurant unique or different from others in the area. A unique menu or unique facilities are common examples. The letter should be detailed and include specific information. Additional examples of issues that can be addressed when the applicant is required to show PCN include:
      1. How will issuance of the license enhance the quality of life within the area?
      2. How will license issuance serve the community surrounding the applicant’s premises?
      3. What fiscal benefit will the community experience because of the issuance of the applied-for license?
8. Determination of Non-Interference: You may be asked to provide steps taken or planned to ensure that operation of the subject premises will not disturb the quiet enjoyment of nearby residents or contribute to crime in the area or become a strain on police services. (Original languages requested.)
9. This Department is unable to recommend escrow companies, consultants, or other legal representation.

License Transfers

1. If an application is made to transfer an alcoholic beverage license, the license being transferred must be active or surrendered with the intent to operate once transferred and up to date on its renewal fee. The renewal fees will not be refunded if the application is withdrawn, even if the fee was paid by the applicant (instead of the existing licensee).
2. Applicants are required to pay an annual fee for the first year of operation. The annual fee is due at the time of application and will allow the license to be active for approximately one year from the date of issuance. A portion of the annual fee that is collected at the time of application is refundable if the application is withdrawn or denied.
3. When the ownership of a license is being transferred, the buyer (i.e., applicant) cannot operate the business and sell alcoholic beverages until the alcoholic beverage license has been issued and activated in their name; OR the seller authorizes the buyer to obtain a temporary permit, with approval from the Department, to operate the premises while the application investigation proceeds.
4. This Department cannot litigate disputes, award damages, order deposits to be refunded, or settle claims arising from an escrow transaction related to a license transfer.

After License Issuance

License Issuance and Activation

1. Pursuant to Section 24040 of the Business and Professions Code, a licensed premises must be open and operating within 30 days of the issuance and activation of the license. This 30-dayrequirement does not apply if the application is for a premises that is under construction or is undergoing a major remodeling.
   1. Pursuant to Section 24044, applicants are allowed one year to complete the construction/remodeling after the license is issued but before it is activated.
2. A retailer cannot buy alcoholic beverages for resale from another retailer. Alcoholic beverages purchased for resale can only be purchased from a wholesaler licensed by this Department. Sam’s Club and Costco are considered retail establishments. They are not alcoholic beverage wholesalers.

Changes to Ownership

1. If there is a death of a licensee, partner, or individual who held an ownership interest in a license, you must notify ABC immediately to update the license.
2. For legal entities, if there is any change in control/ownership of the current licensee (i.e., change in officers, managers, members, stockholders, etc.) but the license remains under the same entity name, the changes must be reported to the Department within ten (10) days of the change(s). Depending upon the extent of the change(s), either a transfer application or an update will be required. Common examples of changes that require notification to ABC include:
   1. transferring individual ownership interest to a corporation or a trust
   2. adding a partner
   3. dropping a partner
   4. transferring stock within a corporation or membership interest within an LLC

Changes to Business Operations

1. If an existing licensee wants to change the nature of its business operation or make significant physical changes to its premises, the licensee must contact their local district office before implementing the change(s). Common examples of the changes that require notification to ABC include:
   1. the addition or deletion of food service
   2. expanding the premises including adding a room or patio area
   3. the addition of a bar where distilled spirits will be served
2. Licensees must contact their local ABC district office if the business will be closed for fifteen (15)consecutive days or more; or if the business will discontinue the sale of alcoholic beverages entirely. For district office contact information, visit our website.

Enforcement

1. Agents employed by the Department of Alcoholic Beverage Control are law enforcement officers as outlined in the Penal Code Section 830.2. Agents (and other law enforcement persons, local police, etc.) have the authority to enter any licensed premises, make arrests, issue citations, conduct undercover investigations, etc.
2. ABC licensees who hold an on-sale license are required to ensure specific staff (alcohol servers and managers of alcohol servers) have received training from an ABC-approved RBS Training Provider and complete the RBS exam within 60 days of employment. For more information, visit
   RBS Training page.

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Information Regarding Shared Common Licensed Areas

Under certain conditions and with the approval from the Department, licensees can share a common licensed area for on-site consumption of alcoholic beverages. Each licensee may only exercise those privileges authorized by their license type. All licensees sharing the shared consumption area will be jointly responsible for compliance with all applicable laws and rules pertaining to their respective licenses and authorizations. All licensees sharing a common licensed area will be held jointly responsible for any violations occurring in the common area.  In addition to the provisions described below, the Department is authorized to place conditions on a license to further restrict operations within a shared licensed area to ensure the health, safety, and welfare of the public.

Retail licensees (i.e. licensees whose primary operation is to sell alcoholic beverages directly to consumers)

Licensees holding an on-sale license type must receive approval from the Department prior to utilizing a shared, common licensed area for on-site consumption of alcoholic beverages.  Common licensed areas can only be shared by licensees that hold the same license type (e.g. all type 41’s or all type 47’s).  An exception may be considered for licensees limiting the type of alcohol served and consumed in the shared area to beer and wine only.  No exception will be made for license types designated as a public premises (i.e. patrons must be 21 years or older) to share a licensed area with license types where minors are allowed (e.g. Licensees with a type 48 cannot share a common licensed area with a licensee holding a type 47 license.)  No dispensing points are allowed within the shared area.  Licensees are only authorized to sell alcoholic beverages to patrons from within their exclusive licensed premises.

Licensed Winegrowers (Type 02), beer manufacturers that hold a Small Beer Manufacturer’s license (Type 23) and Craft Distillers (Type 74)

California Business and Professions Code Section 25607(c) (1) states that a licensed winegrower, licensed beer manufacturer that holds a small beer manufacturer’s license, and a licensed craft distiller, in any combination, whose licensed premises of production are immediately adjacent to each other and which are not branch offices, may, with the approval of the Department and under such conditions as the Department may require, share a common licensed area in which the consumption of alcoholic beverages is permitted, only under all of the following circumstances:

1. The shared common licensed area is adjacent and contiguous to the licensed premises of the licensees.
2. The licensed premises of the licensees are not branch offices.
3. The shared common licensed area shall be readily accessible from the premises of the licensees without the necessity of using a public street, alley, or sidewalk.
4. Except as otherwise authorized by this division, the alcoholic beverages that may be consumed in the shared common licensed area shall be purchased by the consumer only from the licensed winegrower, the licensed beer manufacturer, or the licensed craft distiller.
5. The licensed winegrower, the licensed beer manufacturer, and the licensed craft distiller shall be jointly responsible for compliance with the provisions of this division and for any violations that may occur within the shared common licensed area.

1. Nothing in this subdivision is intended to authorize the licensed winegrower, the licensed beer manufacturer, or the licensed craft distiller to sell, furnish, give, or have upon their respective licensed premises any alcoholic beverages, or to engage in any other activity, not otherwise authorized by this division, including, without limitation, the consumption on the premises of any distilled spirits purchased by consumers for consumption off the premises pursuant to Section 23504 or the consumption of distilled spirits other than as permitted by Section 23363.1.

1. The holder of a beer manufacturer’s license, winegrower’s license, brandy manufacturer’s license, distilled spirits manufacturer’s license, craft distiller’s license, any rectifier’s license, any importer’s license, or any wholesaler’s license, that holds more than one of those licenses for a single premises, may have alcoholic beverages that are authorized under those licenses at the same time anywhere within the premises for purposes of production and storage, if the holder of the licenses maintains records of production and storage that identify the specific location of each alcoholic beverage product within the premises. Nothing in this subdivision is intended to allow a licensee to hold licenses, alone or in combination, or to exercise any license privileges, not otherwise provided for or authorized by this division.

Licensed manufacturers (ex. Types 01, 02, 03, 23, 74) sharing a common licensed area with retail licensees
(ex. Types 40, 41, 42, 47, 48)

A licensed manufacturer may share a common licensed area with multiple licensed retailers, subject to the provisions described in California Business and Professions Code Section 25607(e)(1) – (11)(B), which are, in part, as follows:

1. No retail licensee sharing the common licensed area with a licensed manufacturer shall sell or serve any alcoholic beverages that are manufactured, produced, bottled, processed, imported, rectified, distributed, represented, or sold by the manufacturer, directly or indirectly. This prohibition shall apply to all licensed premises owned or operated, in whole or in part, by the retail licensee anywhere in the state.
2. The licensed manufacturer may, in connection with the operation of the shared common area only, advertise or promote the common licensed area, including, but not limited to, any advertising or promotion related to the licensed retailers sharing the common licensed area, provided that each retailer pays its pro rata share of the costs of that advertising or promotion. The cost attributed to each retailer’s pro rata share shall not be less than the current market price for that advertising or promotion.
3. The licensed manufacturer may, in connection with the operation of the shared common area only, pay its pro rata share of the cost of the operation of the shared common area, including, but not limited to, the cost of renting, utilities, or any other operating costs for the area.
4. Except as provided in paragraphs (2) and (3), no other thing of value may be given or furnished by the manufacturer to the retailers.
5. The manufacturer may have on the area of its licensed premises that encompass the shared common licensed area alcoholic beverages that would not otherwise be permitted on the manufacturer’s licensed premises. This provision does not authorize the possession of alcoholic beverages not otherwise permitted on the manufacturer’s licensed premises that is not part of the shared common licensed area.
6. All retailers sharing the common licensed area shall hold the same license type. Nothing in this subdivision shall authorize any of the retailers to exercise license privileges that are not authorized by their license.
7. All licensees holding licenses within the shared common licensed area shall be jointly responsible for compliance with all laws that may subject their license to discipline.
8. A wholesaler does not directly or indirectly underwrite, share in, or contribute to any costs related to the common licensed area.
9. The manufacturer maintains records necessary to establish its compliance with this section.
10. (A) This subdivision does not authorize a licensed manufacturer to share a common licensed area with a single retailer or with multiple retailers under common ownership, in whole or in part.
11. This subdivision is intended to be a narrow exception to the separation of manufacturers and retailers. This subdivision shall be narrowly construed.

Who Should Submit Their Beer Product Name(s) Utilizing the ABC-415

Any foreign beer manufacturer who is not licensed by the Department whose brand(s) of beer are sold in California.

A foreign beer manufacturer who does not sell and ship beer to a licensed California importer is not required to hold a certificate, permit or license issued by the Department. Although such beer manufacturers are not required to hold a license in California, they must comply with brand registration requirements as outlined in Section 25200 of the Business and Professions Code.

The Department’s online beer price posting system requires manufacturers of beer to input their beer product name(s) so that licensees can post prices for those products. Non-licensed beer manufacturers will submit the ABC-415 for the Department to input their beer products into the online beer price posting system.

How to Submit Beer Product Names

Submit a completed Beer Product Name Submission and Brand Registration for Non-Licensees (form ABC-415) via email to pps@abc.ca.gov. If you are unable to submit form ABC-415 via email, you can fax it to (916) 928-9625 or mail it to: ABC, Attn: Price Posting, 3927 Lennane Dr., Suite 100, Sacramento, CA 95834.

Instructions for Completing Form ABC-415

Item 1 – Enter the legal name of the manufacturer. The legal name is the true name of the company that makes the beer. It is not a fictitious name or trade name under which the beer manufacturer does business, if that is different from the true legal name.

Item 2 – Enter the full address of the beer manufacturer.

Item 3 – Enter the email address of the designated contact person.

Item 4 – Enter the telephone number of the designated contact person.

Item 5 – Is the beer brewed under contract for someone other than the manufacturer who produced the beer? If yes, complete items 6 and 7. If no, skip to item 8.

Item 6 – Enter the legal name of the person (not the fictitious business name or “doing business as” of that person) for whom the beer is brewed. “Person” includes any individual, firm, general partnership, corporation, limited liability company, or any other group or combination acting as a unit.

Item 7 – Enter the California ABC license number of the person for whom the beer is brewed, if applicable.

Item 8 – Is the manufacturer using a Fictitious Business Name on the label? If yes, complete item 9. If no, skip to item 10.

Item 9 – Enter the Fictitious Business Name that the manufacturer is using on the label.

Item 10 – List the name(s) of the beer that will be sold in California, the class or type of beer, and the alcohol content percentage by volume. “Trade Name” means a doing business as name or fictitious business name, if used on the label. “Product Name” means the name of the beer that is used on the label. “Class or Type” means lager, ale, porter, brown, stout, IPA, etc. If any beer listed in Item #10 is a collaborative or other joint venture with another beer manufacturer indicate which product name(s) and list the true legal name(s) and address(es) of each beer manufacturer next to the product name.

References: Sections 25000, 25200, 25203 and 25205 of the Business and Professions Code