Seizure and Forfeiture of Property

Cal. BPC § 25375

California Statutes

(

a) Upon days notice to a person who holds a license described in this division, the Attorney General or a district attorney shall seek an order from the superior court for the seizure of a license described in this division for purposes of seeking forfeiture of the license pursuant to Sections to 11492, inclusive, of the Health and Safety Code. From the time of notice until the hearing to establish probable cause, as provided by this section, the license may not be sold or transferred. The 10-day period may be extended by the court for good cause or upon the stipulation of the parties. (

b) A petition for forfeiture pursuant to

Section 11488.4 of the Health and Safety Code shall be filed within days of the service of notice pursuant to this section. (

c) At the hearing, the Attorney General or district attorney shall establish probable cause that the license is subject to forfeiture pursuant to

Section of the Health and Safety Code. The showing of probable cause may be established by deposition, affidavit, declaration, prior judicial testimony, or other evidence. The licensee may produce evidence to refute the showing of probable cause. (

d) If the court determines there is probable cause that the license is subject to forfeiture, it shall issue an order for its seizure by any peace officer within its jurisdiction. (

e) If probable cause is not established at the hearing, or if the hearing is neither held within the 10-day period nor continued for good cause or by stipulation of the parties, the prohibition against the sale or transfer of the license shall immediately cease and the petition for forfeiture shall be dismissed. (

f) Immediately upon seizure of the license, the peace officer shall surrender the license to the department by certified mail, along with written notice to the department of the seizure and intention to seek the initiation of forfeiture proceedings. No person who holds any interest in a license shall exercise any privileges of that license after it has been seized and during the time it is surrendered to the department pursuant to this subdivision. However, if the licensee appears and in any manner contest the showing of probable cause required by this subdivision, the licensee shall be barred from bringing a motion pursuant to paragraph (2) of subdivision (

g) of

Section 11488.4 of the Health and Safety Code. (

g) Notwithstanding

Article 5 (commencing with

Section 23090) of

Chapter 1.5 of this division, the Attorney General or a district attorney may seek a pendente lite order as provided in

Section of the Health and Safety Code or

Section 186.6 of the Penal Code relating to the custody, right, title, interest, and exercise of rights and privileges as related to a license described in this division which is the subject of a forfeiture proceeding pursuant to

Section 11488.4 of the Health and Safety Code or

Section 186.4 of the Penal Code. (

h) Rights and privileges related to any license which is the subject of a forfeiture proceeding and which has been seized and surrendered to the department pursuant to this

section may be exercised solely by a receiver appointed pursuant to

Section of the Health and Safety Code or

Section 186.6 of the Penal Code. No license, rights, or privileges of a license may be exercised by a receiver until that person has been found qualified to hold a license in his or her own right by the department pursuant to this division and the license has been issued to the custody of the receiver.

Chapter 6 (commencing with

Section 23950) of this division does not apply to a receiver appointed pursuant to this paragraph. Any receiver appointed pursuant to

Section of the Health and Safety Code or

Section 186.6 of the Penal Code who exercises privileges of a license issued to his or her custody shall be subject to disciplinary proceedings and may have the license suspended or revoked in the same manner as if he or she were licensed directly pursuant to this division. (

i) Upon the entry of a judgment of forfeiture pursuant to

Section 11488.5 of the Health and Safety Code or

Section 186.6 of the Penal Code, or a declaration of forfeiture pursuant to subdivision (

j) of

Section 11488.5 of the Health and Safety Code forfeiting a license described in this division, the state or local government entity shall sell and transfer the license in accordance with

Chapter 6 (commencing with

Section 23950) of this division. The proceeds of that sale and transfer shall be allocated as specified in

Section of the Health and Safety Code or

Section 186.8 of the Penal Code, as appropriate. (

j) Any alcoholic beverage which is the subject of a judgment of forfeiture pursuant to

Section 11488.5 of the Health and Safety Code or

Section 186.7 of the Penal Code, or a declaration of forfeiture pursuant to subdivision (

i) of

Section 11488.4 of the Health and Safety Code may be sold, transferred, and delivered by the state or local governmental entity, as specified in

Section of the Health and Safety Code or

Section 186.8 of the Penal Code, to a person licensed to sell that type of alcoholic beverage pursuant to this division.

Document details

CollectionCalifornia Statutes
CitationCal. BPC § 25375
Typestatute
Languageen
SourceCA_STAT
IdentifierBPC25375.198911951.2

Seizure and Forfeiture of Property

Cal. BPC § 25375

California Statutes

Seizure and Forfeiture of Property

Cal. BPC § 25375

California Statutes

(

a) Upon days notice to a person who holds a license described in this division, the Attorney General or a district attorney shall seek an order from the superior court for the seizure of a license described in this division for purposes of seeking forfeiture of the license pursuant to Sections to 11492, inclusive, of the Health and Safety Code. From the time of notice until the hearing to establish probable cause, as provided by this section, the license may not be sold or transferred. The 10-day period may be extended by the court for good cause or upon the stipulation of the parties. (

b) A petition for forfeiture pursuant to

Section 11488.4 of the Health and Safety Code shall be filed within days of the service of notice pursuant to this section. (

c) At the hearing, the Attorney General or district attorney shall establish probable cause that the license is subject to forfeiture pursuant to

Section of the Health and Safety Code. The showing of probable cause may be established by deposition, affidavit, declaration, prior judicial testimony, or other evidence. The licensee may produce evidence to refute the showing of probable cause. (

d) If the court determines there is probable cause that the license is subject to forfeiture, it shall issue an order for its seizure by any peace officer within its jurisdiction. (

e) If probable cause is not established at the hearing, or if the hearing is neither held within the 10-day period nor continued for good cause or by stipulation of the parties, the prohibition against the sale or transfer of the license shall immediately cease and the petition for forfeiture shall be dismissed. (

f) Immediately upon seizure of the license, the peace officer shall surrender the license to the department by certified mail, along with written notice to the department of the seizure and intention to seek the initiation of forfeiture proceedings. No person who holds any interest in a license shall exercise any privileges of that license after it has been seized and during the time it is surrendered to the department pursuant to this subdivision. However, if the licensee appears and in any manner contest the showing of probable cause required by this subdivision, the licensee shall be barred from bringing a motion pursuant to paragraph (2) of subdivision (

g) of

Section 11488.4 of the Health and Safety Code. (

g) Notwithstanding

Article 5 (commencing with

Section 23090) of

Chapter 1.5 of this division, the Attorney General or a district attorney may seek a pendente lite order as provided in

Section of the Health and Safety Code or

Section 186.6 of the Penal Code relating to the custody, right, title, interest, and exercise of rights and privileges as related to a license described in this division which is the subject of a forfeiture proceeding pursuant to

Section 11488.4 of the Health and Safety Code or

Section 186.4 of the Penal Code. (

h) Rights and privileges related to any license which is the subject of a forfeiture proceeding and which has been seized and surrendered to the department pursuant to this

section may be exercised solely by a receiver appointed pursuant to

Section of the Health and Safety Code or

Section 186.6 of the Penal Code. No license, rights, or privileges of a license may be exercised by a receiver until that person has been found qualified to hold a license in his or her own right by the department pursuant to this division and the license has been issued to the custody of the receiver.

Chapter 6 (commencing with

Section 23950) of this division does not apply to a receiver appointed pursuant to this paragraph. Any receiver appointed pursuant to

Section of the Health and Safety Code or

Section 186.6 of the Penal Code who exercises privileges of a license issued to his or her custody shall be subject to disciplinary proceedings and may have the license suspended or revoked in the same manner as if he or she were licensed directly pursuant to this division. (

i) Upon the entry of a judgment of forfeiture pursuant to

Section 11488.5 of the Health and Safety Code or

Section 186.6 of the Penal Code, or a declaration of forfeiture pursuant to subdivision (

j) of

Section 11488.5 of the Health and Safety Code forfeiting a license described in this division, the state or local government entity shall sell and transfer the license in accordance with

Chapter 6 (commencing with

Section 23950) of this division. The proceeds of that sale and transfer shall be allocated as specified in

Section of the Health and Safety Code or

Section 186.8 of the Penal Code, as appropriate. (

j) Any alcoholic beverage which is the subject of a judgment of forfeiture pursuant to

Section 11488.5 of the Health and Safety Code or

Section 186.7 of the Penal Code, or a declaration of forfeiture pursuant to subdivision (

i) of

Section 11488.4 of the Health and Safety Code may be sold, transferred, and delivered by the state or local governmental entity, as specified in

Section of the Health and Safety Code or

Section 186.8 of the Penal Code, to a person licensed to sell that type of alcoholic beverage pursuant to this division.

Document details

CollectionCalifornia Statutes
CitationCal. BPC § 25375
Typestatute
Languageen
SourceCA_STAT
IdentifierBPC25375.198911951.2