Conversely, if the customs broker is solely engaged as an agent for licensed importers and if all entries and/or withdrawal documents disclose the licensed importer as the principal, they need not be licensed by this department. Under these circumstances, the department believes they should be subject to state control and, therefore, licensed. Special Note: This department has taken the position that where a customs broker makes either entry or withdrawal in his own name, is identified as the responsible person and has a possessory right, the possibility of unlawful diversion into the internal commerce of the state exists. The Customs Broker is also frequently located in port cities in building where many foreign consulates or commercial attaches have their offices. This type of licensee will generally be located near the dock area in seaports or at international airports. A distilled spirits importer’s general license authorizes the person to whom issued to become an importer of distilled spirits and to sell distilled spirits to distilled spirits manufacturers, distilled spirits manufacturer’s agents, distilled spirits wholesalers, rectifiers and distilled spirits general importers ( BPC § 23374.5). Another situation requiring the holding of this license is where an out-of-state vendor imports distilled spirits in its own name and uses the services of a licensed public warehouse for importation, storage and distribution of distilled spirits to authorized licensees. This presence may consist of a regional sales office or one person/employee working out of his/her home while performing general missionary work. This license should also be held by companies representing manufacturers/suppliers where such companies have a physical marketing presence in California. Such agents differ greatly from true brokers as is shown in the functions they perform. This type of license is one most frequently issued to agents for out-of-state rectifiers, distilleries, or nation-wide import companies. BPC § 23374.6 authorizes the person to whom this license is issued to become an importer of beer or wine and to sell State tax-paid beer and wine to beer manufacturers, winegrowers, beer and wine wholesalers, wine rectifiers, and other beer and wine importer’s general licensees. Another common situation requiring the holding of this license is where an out-of-state vendor imports beer or wine in its own name and uses the services of a licensed public warehouse for importation, storage and distribution of beer and wine to authorized licensees. This type of license is one frequently issued to agents for out-of-state breweries or wineries who refer to themselves as “brokers.” Such agents differ greatly from true brokers as is shown in the functions they perform. This license type is subject to Responsible Beverage Service (RBS) requirements and requires alcohol servers and managers of alcohol servers to be RBS certified. No more than 15% added flavoring or blending material may be added. Thus, neutral grain or other distilled spirits cannot be used to fortify wine – only brandy of a specific type. Wine must be made from the fermentation of agricultural products to which may be added brandy that is distilled from the same agricultural product from which the wine is made. This is commonly referred to as an “alternating proprietorship.” Separate winegrower licenses are issued to each legal entity manufacturing wine under its own bonded winery permit. Federal Alcohol and Tobacco Tax and Trade Bureau (TTB) regulations permit a winegrower to use the facilities and equipment of another winegrower to produce wine. A winegrower must have facilities and equipment for the conversion of fruit into wine and engage in the production of wine ( BPC § 23013). The following pertains to new winegrowers’ licenses issued after September 17, 1965. Authorizes the production and sale of wine by wineries.
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