Q: It is legal to sell my personal wine and whisky collection in my own liquor in California with a valid liquor license?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, it is generally not legal to sell your personal wine and whisky collection in your own liquor store, even if you have a valid liquor license. This is because of several factors:
1. Personal collection: Your personal alcohol collection is considered private property and not intended for resale. Liquor licenses are granted for the sale of alcohol purchased from licensed distributors, not for the sale of personal collections.
2. Tied-house laws: California has strict "tied-house" laws that prohibit alcohol manufacturers, distributors, and retailers from having financial ties or ownership interests in each other. Selling your personal collection in your own store could be viewed as a violation of these laws.
3. Source of alcohol: Liquor stores in California must purchase their inventory from licensed distributors. Selling alcohol from your personal collection would violate the regulations set by the California Department of Alcoholic Beverage Control (ABC).
4. Taxation and record-keeping: Alcohol sales are subject to taxes and require detailed record-keeping. Selling your personal collection would complicate compliance with these requirements.
However, there are some exceptions and alternatives:
1. Auction houses: You may be able to sell your personal collection through licensed auction houses that specialize in alcohol sales.
2. Private sales: You can sell your personal collection to other private individuals, subject to certain restrictions on quantity and frequency.
3. Consignment: Some licensed retailers may accept your personal collection on consignment, selling it on your behalf. However, this arrangement must comply with ABC regulations.
It is essential to consult with an attorney specializing in alcohol beverage law to ensure compliance with California's complex regulations surrounding the sale and distribution of alcohol. Violating these laws can result in criminal penalties, fines, and the loss of your liquor license.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
