Cal. Code Regs. Tit. 4, § 28 - Distilled Spirits Wholesalers: Qualifications

No distilled spirits wholesaler's license shall be held by any person who does not meet the following qualifications in connection with his premises licensed as his principal place of business:

(a) Maintains warehouse space either owned or leased by him or dedicated to his use in a public warehouse and such space is sufficient to store at one time either

(1) A stock of distilled spirits equal to 10 percent or more of his annual case volume of distilled spirits sales to retailers within this State, or,

(2) A stock of distilled spirits whose cost of acquisition is one hundred thousand dollars or more.

(b) Maintains at all times in his warehouse either owned or leased by him or in space dedicated to his use in a public warehouse a stock of distilled spirits consisting of either

(1) Not less than 5 percent of his annual sales to retailers within this State, or,

(2) Whose cost of acquisition is one hundred thousand dollars or more.

The stock of distilled spirits herein required shall be:

(a) owned by him,

(b) not held on consignment,

(c) not acquired pursuant to a prior agreement to sell it to a specific licensee or licensees.

(c) Sells distilled spirits to retailers generally rather than a selected few retailers.

(1) A wholesaler who sells to 25 percent of the retailers in the county wherein his wholesale licensed premises are located, or a wholesaler whose total volume of sales of distilled spirits to retailers during any 12-month period consists of 50 percent or more of individual sales in quantities of 10 cases or less shall be conclusively presumed to be selling to retailers generally.

A rectifier who purchases any distilled spirits in packages containing one gallon or less and sells such distilled spirits to retail licensees shall comply with the provisions of this rule.

Notes

Cal. Code Regs. Tit. 4, § 28

1. New section filed 10-2-56; designated effective 6-1-57 (Register 56, No. 19).
2. Amendment filed 2-8-72; designated effective 3-10-72 (Register 72, No. 7).
3. Amendment to NOTE filed 6-17-77; effective thirtieth day thereafter (Register 77, No. 25).

Note: Authority cited: Sections 23778, 23779, 25750, Business and Professions Code; Section 22, Article XX, California Constitution.

1. New section filed 10-2-56; designated effective 6-1-57 (Register 56, No. 19).
2. Amendment filed 2-8-72; designated effective 3-10-72 (Register 72, No. 7).
3. Amendment to NOTE filed 6-17-77; effective thirtieth day thereafter (Register 77, No. 25).