§ 8. Common Carriers.

(a) Definition. For the purposes of Section 23661 of the Alcoholic Beverage Control Act, “common carriers” are steamship companies and railroads, or any persons who hold themselves out to the general public to transport in interstate or foreign commerce any class or classes of passengers or property, or both, for compensation by air or highway, who actually engage in such transportation, and who hold an interstate alcoholic beverage transporter's permit as required by Section 32109 of the Revenue and Taxation Code.

Persons who transport only property owned or consigned to themselves shall not be deemed to be common carriers within the meaning of this section.

(b) Receipts and Delivery Reports.

Licensed importers and customs brokers shall furnish common carrier and holders of interstate alcoholic beverage transporter's permits, transporting alcoholic beverages into this State from without this State for delivery or use within this State, a receipt for the alcoholic beverages so transported and delivered. This receipt must show the following information:

Name of the shipper, point of origin, name of importer or customs broker to whom delivery is made, place of delivery, name of carrier making delivery, a complete description of the shipment, and the number of the waybill covering the shipments. In the case of rail shipments, the receipt shall show also the car number and in the case of water shipments, the receipt shall show also the name of the vessel and the number of the steamship bill of lading.

A copy of the freight bill or other shipping document containing all of this information shall be deemed to be compliance with this requirement. A copy of such receipt must be retained by the importer or customs broker to whom delivery is made. With respect to pool shipments in which more than one licensed importer or customs broker participates, each participating importer or customs broker shall retain a copy of the receipt.

HISTORY

1. New section filed 4-4-58; designated effective 5-15-58 (Register 58, No. 6).

Note

Note: Authority cited: Sections 23661, 25750 and 25752, Business and Professions Code; Section 22, Article XX, California Constitution.