Article 1 In General
Article 2 Fees
Article 3 Rights and Obligations of Licensees
Article 4 Club Licenses
Article 5 Veterans’ Club Licenses
Article 6 Craft Distiller’s Licenses

Terms Used In California Codes > Business and Professions Code > Division 9 > Chapter 3

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Acquire: includes purchase, condemnation, lease, and gift. See California Government Code 19243.2
  • Act: means this chapter. See California Government Code 27502
  • Action: includes a civil action and a special proceeding of a civil nature. See California Government Code 14172
  • Actual benefit: means the amount, if any, realized by the lender upon the disposition of property acquired through foreclosure or its equivalent as a direct result of a removal or remedial action undertaken by another person, not to exceed the amount, if any, by which the disposition proceeds exceed the sum of the balance of all of the following:

    California Government Code 11534

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affiliated company: as used in this division , is a company under substantially the same management or control, directly or indirectly, as the industrial loan company. See California Health and Safety Code 13143.7
  • Agency: means the Environmental Affairs Agency. See California Government Code 11440.20
  • Assets: as used in this division , means all assets excluding intangibles. See California Health and Safety Code 13144.5
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Benefit corporation: means a corporation organized under the General Corporation Law that has elected to become subject to this part and whose status as a benefit corporation has not been terminated as provided in this part. See California Education Code 44435
  • Benefit enforcement proceeding: means a claim or action relating to any of the following:

    California Education Code 44435

  • Bequest: Property gifted by will.
  • Bird: means a wild bird or part of a wild bird. See California Government Code 51920
  • Board: means the State Public Works Board. See California Government Code 19243.2
  • board: means the board of directors of the district unless the context clearly indicates otherwise. See California Welfare and Institutions Code 14198.1
  • Bona fide transferor: means a person or public agency as defined in Section 20009 of the Government Code with a contract for sale of water that may be conditioned upon the acquisition of conveyance facility capacity to convey the water that is the subject of the contract. See California Water Code 1811
  • Bureau: means the Professional Fiduciaries Bureau within the Department of Consumer Affairs, established pursuant to Section 6510. See California Government Code 27502
  • Buy: includes an offer to buy, purchase, barter, exchange, or trade. See California Government Code 51921
  • Capital: as used in this division , consists of all of the following:

    California Health and Safety Code 13145

  • Capital Stock: as used in this division , means one-class voting common stock. See California Health and Safety Code 13146.6
  • Charges: as used in this division , include the aggregate interest, fees, bonuses, commissions, brokerage, discounts, expenses, and other forms of costs charged, contracted for, or received by an industrial loan company or any other person in connection with the investigating, arranging, negotiating, procuring, guaranteeing, making, servicing, collecting, or enforcing of a loan, or for forbearance of money, credit, goods, things in action, or any other service or services rendered. See California Health and Safety Code 13143.3
  • Chief: means the Chief of the Office of Information Security. See California Government Code 11549.1
  • Child for whom support may be ordered: means a minor child and a child for whom support is authorized under Section 3587, 3901, or 3910. See California Government Code 50964
  • City: includes "city and county" and "incorporated town. See California Education Code 7007
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 19429
  • Client: means an individual who is served by a professional fiduciary. See California Government Code 27502
  • Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Government Code 51924
  • commission: means the California Transportation Commission. See California Education Code 7054.1
  • Committee: means the Professional Fiduciaries Advisory Committee, as established pursuant to Section 6511. See California Government Code 27502
  • company: as used in this division means a premium finance agency as defined in Section 18560. See California Health and Safety Code 13140.6
  • Construction: includes the extension, enlargement, repair, renovation, restoration, improvement, furnishing, and equipping of any public building. See California Government Code 19243.2
  • Construction: includes :

    California Education Code 8091

  • County: includes "city and county. See California Education Code 17491
  • County: includes "city and county. See California Education Code 1915
  • County: includes city and county. See California Government Code 50967
  • County: includes "city and county. See California Education Code 7005
  • County: includes city and county. See California Government Code 51925
  • County: includes city and county. See California Education Code 18556
  • County: includes city and county. See California Education Code 19428
  • County: includes city and county. See California Education Code 14004.5
  • County: includes city and county. See California Education Code 24937
  • Court: means the trial court in which the action is pending, unless otherwise specified. See California Government Code 14172
  • Damages: includes compensatory damages, exemplary damages, punitive damages, and costs of every kind and nature, including, but not limited to, costs of a removal or remedial action. See California Government Code 11534
  • Day: means calendar day, and "week" means calendar week. See California Government Code 51927
  • Decedent: A deceased person.
  • Degree: means any "academic degree" or "honorary degree" or title of any designation, mark, appellation, series of letters or words such as, but not limited to, associate, bachelor, master, doctor, or fellow which signifies, purports, or is generally taken to signify satisfactory completion of the requirements of an academic, educational, technological, or professional program of study or is an honorary title conferred for recognition of some meritorious achievement. See California Education Code 32380
  • Department: means the Department of Consumer Affairs. See California Government Code 27502
  • Department: means the Department of Fish and Wildlife. See California Government Code 51928
  • Department: means the Department of Transportation of this state. See California Education Code 7053
  • department: means State Department of Health Services. See California Education Code 24943
  • Deposit holder: as used in this chapter means the district attorney, county officer, or trustee designated by the court to receive assets deposited pursuant to this chapter to secure future support payments. See California Government Code 11405.30
  • Diploma: means any diploma, certificate, transcript, document, or other writing in any language other than a degree representing that an individual has completed any course of study. See California Education Code 32380
  • Director: means the Director of Fish and Wildlife. See California Government Code 51929
  • Director: means the director of the department. See California Education Code 7054
  • Director: means the Director of the Office of Privacy Protection. See California Government Code 11549.8
  • Director: means "State Director of Health Services. See California Education Code 24944
  • directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Government Code 31831.2
  • directors: as used in this part , means the board of directors of the district. See California Water Code 1750
  • Disaster: means any flood, fire, hurricane, earthquake, storm, tidal wave, or other catastrophe occurring on or after January 1, 1996, for which the Governor of the state has certified the need for assistance and which the President of the United States has determined to be a major disaster pursuant to the Robert T. See California Government Code 15820.41
  • district: means the Desert Healthcare District. See California Government Code 11554
  • District: as used in this part , means the San Francisco Bay Area Rapid Transit District. See California Water Code 1230
  • District: as used in this part , means the Southern California Rapid Transit District. See California Water Code 1745.10
  • district: means a bridge and highway district unless the context clearly indicates otherwise. See California Welfare and Institutions Code 14197.5
  • Donor: The person who makes a gift.
  • Emergency: means a sudden occurrence such as a storm, flood, fire, or an unexpected equipment outage impairing the ability of a person or public agency to make water deliveries. See California Water Code 1811
  • executed: when used with respect to the documents filed pursuant to this code or pursuant to regulations adopted under this code, and presented to the Secretary of State, include a document bearing a signature under subdivision (a). See California Education Code 17495
  • Fair compensation: means the reasonable charges incurred by the owner of the conveyance system, including capital, operation, maintenance, and replacement costs, increased costs from any necessitated purchase of supplemental power, and including reasonable credit for any offsetting benefits for the use of the conveyance system. See California Water Code 1811
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Family support: means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support. See California Government Code 50970
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: means a person who is acting in any of the following capacities:

    California Government Code 11534

  • Fiduciary: A trustee, executor, or administrator.
  • Finance lease: means a transaction with respect to which both of the following apply:

    California Government Code 11534

  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreclosure or its equivalent: means the acquisition of property by a lender through any of the following:

    California Government Code 11534

  • General public benefit: means a material positive impact on society and the environment, taken as a whole, as assessed against a third-party standard, from the business and operations of a benefit corporation. See California Education Code 44435
  • Governing board: means board of school trustees, community college board of trustees, and city, and city and county board of education. See California Education Code 78
  • Grantor: The person who establishes a trust and places property into it.
  • Hazardous material: means any of the following materials:

    California Government Code 11440.20

  • highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Education Code 7056
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Indicia of ownership: means evidence of a security interest, evidence of an interest in a security interest, or evidence of an interest in real or personal property securing a loan or other obligation, including, but not limited to, any legal or equitable title to real or personal property acquired incident to foreclosure or its equivalent. See California Government Code 11534
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • landholder: means any person who owns, leases, or has a possessory interest in land. See California Government Code 12012.57
  • language assistance: means oral interpretation or written translation into English of a language other than English or of English into another language for a party or witness who cannot speak or understand English or who can do so only with difficulty. See California Government Code 11435.05
  • Lender: includes either of the following persons:

    California Government Code 11534

  • Licensee: means a person who is licensed under this chapter as a professional fiduciary. See California Government Code 27502
  • Loan or obligation: means a loan, revolving or nonrevolving line of credit, finance lease, sale-leaseback that provides for a purchase option in favor of the lessee, installment sale contract, sale on account, or other credit sale, letter of credit, forbearance or guaranty, collateral pledge, or other suretyship obligation, and any extension, renewal, or modification thereof. See California Government Code 11534
  • Local public entity: means any county, city, city and county, the duly constituted governing body of an Indian reservation or rancheria, redevelopment agency organized pursuant to Part 1 (commencing with Section 33000) of this division, or housing authority organized pursuant to Part 2 (commencing with Section 34200) of this division, which is authorized to engage in or assist in the development or operation of housing for persons and families of low or moderate income. See California Government Code 12010.5
  • maintenance: includes any of the following:

    California Education Code 8070

  • Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Government Code 51934
  • Minimum status vote: means that:

    California Education Code 44435

  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Net: means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. See California Government Code 51937
  • Nonresident: means a person who is not a resident as defined in Section 70. See California Government Code 51938
  • Oath: includes affirmation. See California Education Code 32383
  • Office: means the Office of Information Security. See California Government Code 11549.1
  • Office: means the Office of Privacy Protection. See California Government Code 11549.8
  • Open season: means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. See California Government Code 51939.2
  • order: include a decree, as appropriate under the circumstances. See California Government Code 50972
  • Person: includes , but is not limited to, any city, county, district, the state, or the federal government, or any department, subdivision, or agency thereof. See California Government Code 11534
  • person: includes any city, county, district, the state, or any department or agency thereof, and the United States to the extent authorized by law. See California Water Code 1835
  • Person: includes a corporation as well as a natural person. See California Education Code 17389
  • Person: includes a corporation as well as a natural person. See California Education Code 17496
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Government Code 50973
  • Person: means an individual, business, or other entity. See California Streets and Highways Code 35504
  • Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Education Code 7052
  • Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Education Code 18561
  • Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Government Code 51941
  • Person: means any individual, partnership, corporation, limited liability company, association, firm, or public board, agency, or entity. See California Education Code 32380
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Education Code 14022.3
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Education Code 24942
  • Person: includes a public agency. See California Water Code 1745
  • Personal care product: means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced to, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and an article intended for use as a component of that type of article. See California Streets and Highways Code 35504
  • Persons of low income: means persons and families who lack the amount of income which is necessary (as determined by the local public entity) to enable them, without financial assistance, to live in decent, safe and sanitary dwellings without overcrowding. See California Government Code 12010.5
  • persons of low income: as used in this part have the same meaning as in Article XXXIV. See California Government Code 12012.57
  • Petitioner: includes plaintiff, where appropriate. See California Government Code 50978
  • Possession limit: means the maximum, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may be lawfully possessed by one person. See California Government Code 51919
  • power: includes electricity, electrical power, and other power. See California Water Code 1751
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Prepare: means to put into condition for intended use. See California Education Code 32380
  • Primarily to protect a security interest: means that the indicia of ownership of a lender are held primarily for the purpose of securing payment or performance of an obligation. See California Government Code 11534
  • Private admonition: as used in this article and in Article 3 (commencing with Section 44240) of Chapter 2, is a warning, in writing, to the applicant or credential holder that states in ordinary and concise language the act or omission of the applicant or credential holder and further states that repetition of such act or omission may result in denial, suspension, or revocation of the credential. See California Education Code 44438
  • Probate: Proving a will
  • Proceeding: includes an action. See California Government Code 50974
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Education Code 17389
  • Professional fiduciary: means either of the following:

    California Government Code 27502

  • Program: means an information security program established pursuant to Section 11549. See California Government Code 11549.1
  • Project area: is a n area that meets both of the following requirements:

    California Government Code 15820.41

  • property: includes any real or personal property in which the obligor has or had an ownership, leasehold, or possessory interest, whether or not it was the subject of a security interest for the loan or obligation. See California Government Code 11534
  • Property: includes both personal and real property. See California Education Code 17389
  • Property: includes real and personal property and any interest therein. See California Government Code 50975
  • Public building: includes any structure, building, facility, or work that a state agency has jurisdiction of, or is authorized to design or construct, including, but not limited to, infrastructure, parking lots, landscaping, and other ancillary facilities, including furnishings and equipment, incidental to the use of any building, and also includes the site thereof, and any easements or rights of way appurtenant thereto or necessary for its full use. See California Government Code 19243.2
  • Purchase: means "buy" as defined in Section 24. See California Government Code 51942
  • Rapid transit: as used in this part , means the transportation of passengers and their incidental baggage by any means. See California Water Code 1240
  • Rapid transit: as used in this part , means the transportation of passengers only and their incidental baggage by means other than by chartered bus, sightseeing bus, taxi, or any other motor vehicle not on an individual passenger fare paying basis, except as otherwise provided in subdivision (b). See California Water Code 1745.11
  • Redevelopment agency: means any agency provided for and authorized to function pursuant to the Community Redevelopment Law or this part. See California Government Code 15820.41
  • related: means related by blood, adoption, marriage, or registered domestic partnership. See California Government Code 27502
  • Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment. See California Government Code 11440.20
  • Removal: means the cleanup or removal of released hazardous materials from the environment or the taking of other actions that may be necessary to prevent, minimize, or mitigate damages that may otherwise result from a release or threatened release, as further defined in Section 101(23) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U. See California Government Code 11534
  • Resident: means any person who has resided continuously in the State of California for six months or more immediately prior to the date of his application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to Section 2883 of Title 29 of the United States Code. See California Government Code 51943
  • Respondent: includes defendant, where appropriate. See California Government Code 50979
  • San Francisco Bay area: as used in this part , means the Counties of San Francisco, Marin, Sonoma, Napa, Solano, Contra Costa, Alameda, Santa Clara and San Mateo. See California Water Code 1231
  • season: means "open season. See California Government Code 51939.2
  • Secretary: means the Secretary of the Environmental Affairs Agency. See California Government Code 11440.20
  • Security interest: means an interest in a property created or established for the purpose of securing a loan or obligation. See California Government Code 11534
  • Sell: includes offer or possess for sale, barter, exchange, or trade. See California Government Code 51945
  • Specific public benefit: includes all of the following:

    California Education Code 44435

  • Spousal support: means support of the spouse of the obligor. See California Government Code 51071
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Government Code 51072
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 19407
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Education Code 17389
  • State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Government Code 51073
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 14022
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 25000.5
  • Subdivision: means a subdivision of the section in which the term appears unless some other section is expressly mentioned. See California Education Code 17486
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Government Code 51944
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 19970
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 14002.05
  • subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Education Code 19424
  • Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Government Code 51075
  • Support order: means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. See California Government Code 51080
  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Government Code 51951
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testify: includes any mode of oral statement made under oath or affirmation. See California Education Code 17389
  • Third-party standard: means a standard for defining, reporting, and assessing overall corporate social and environmental performance to which all of the following apply:

    California Education Code 44435

  • United States: means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. See California Education Code 14022.5
  • Unused capacity: means space that is available within the operational limits of the conveyance system and that the owner is not using during the period for which the transfer is proposed and which space is sufficient to convey the quantity of water proposed to be transferred. See California Water Code 1811
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Verdict: The decision of a petit jury or a judge.
  • veteran: means any person who has served in the United States Army, Navy, Air Force, Marine Corps, Coast Guard, or as an active nurse in the service of the American Red Cross, or in the Army and Navy Nurse Corps in time of war, or in any expedition of the Armed Forces of the United States, or who served in one of these services during the period September 16, 1940, to December 7, 1941, and received a discharge under conditions other than dishonorable. See California Government Code 12012.64
  • war: shall mean : (a) whenever Congress has declared war and peace has not been formally restored. See California Education Code 1000
  • water: includes the term "use of water. See California Water Code 1000
  • Water Commission Act: means Chapter 586, Statutes of 1913, as amended. See California Water Code 1003
  • Water supplier: means a local public agency or private company supplying or storing water, or a mutual water company. See California Water Code 1745
  • Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Government Code 52001
  • works: includes dams, tunnels, diversion works, ditches, and other works or constructions. See California Water Code 1750