12/12/2023 0 Comments Abc wine spiritsA wine blender is a person authorized to operate a bonded wine cellar pursuant to a Federal Basic Permit issued by the Alcohol and Tobacco Tax and Trade Bureau (TTB) who does not have facilities or equipment for the conversion of fruit into wine and does not engage in the production of wine (Section 23013.5). The following pertains to new wine blender’s licenses issued on and after February 3, 1968. The principal function of a customs broker is handling the paperwork and paying the duty on behalf of his principals on imported merchandise. “Customs broker” means every person who is authorized to act as agent or broker for a person licensed as an importer of for a person whose place of business is without the State, in regard to the importing of alcoholic beverages into the State in United States Internal Revenue bond or in United States Customs bond. However, we strongly suggest that such persons apply for and hold Type 15 licenses to permit the flexibility needed to handle unforeseen special circumstances requiring licensure. On the other hand, 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, he/she need not be licensed by this Department. Under these circumstances, we believe he/she 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 (Section 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. Section 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.
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