BILL NUMBER: AB 1298	CHAPTERED  10/04/01

	CHAPTER  488
	FILED WITH SECRETARY OF STATE  OCTOBER 4, 2001
	APPROVED BY GOVERNOR  OCTOBER 3, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2001
	PASSED THE SENATE  SEPTEMBER 10, 2001
	AMENDED IN SENATE  AUGUST 28, 2001
	AMENDED IN SENATE  AUGUST 22, 2001
	AMENDED IN SENATE  AUGUST 20, 2001
	AMENDED IN SENATE  JULY 3, 2001
	AMENDED IN ASSEMBLY  MAY 29, 2001

INTRODUCED BY   Assembly Members Wesson and Oropeza
   (Principal coauthor:  Senator Perata)

                        FEBRUARY 23, 2001

   An act to amend Sections 23357.2, 23358.3, 23366.3, 23389, 23390,
23399, 23399.4, 24042, 24042.5, 24045.7, 24045.11, 24045.85, and
24048 of, to repeal Sections 23320.2 and 23320.3 of, and to repeal
and add Section 23320 of, the Business and Professions Code, relating
to alcoholic beverages.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1298, Wesson.  Alcoholic beverage control:  licenses:  fees.
   The Alcoholic Beverage Control Act provides for the issuance of
licenses for which various annual fees are charged depending upon the
type of license issued.
   This bill would increase these annual fees by specified amounts
through 2004, and would annually permit the Department of Alcoholic
Beverage Control to adjust the fees charged commencing with the 2005
calendar year by an amount not to exceed an inflation factor based on
the Consumer Price Index for the west region.
   Under the Alcoholic Beverage Control Act, the Department of
Alcoholic Beverage Control may issue a special on-sale general
license to any nonprofit theater company that has been in existence
for at least 10 years and meets other specified requirements.
Theater companies holding a license pursuant to these provisions may
only sell and serve alcoholic beverages to ticketholders during, 2
hours prior to, and one hour after, a bona fide theater performance
of the company.
   This bill would require that the license issued to the theater
company be for a single specified premises, and would remove the
requirement that the theater company have been in existence for at
least 10 years.
   This bill would permit a licensed manufacturer, winegrower,
manufacturer's agent, California winegrower's agent, rectifier,
distiller, bottler, importer, or wholesaler, or any officer,
director, employee, or agent of that person, to serve on the board of
trustees of a nonprofit theater company operating a theater in Napa
County licensed pursuant to these provisions.
   This bill would also require the department to conduct specified
studies.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares that the regulation
of the manufacture, importation, supply, and sale of alcoholic
beverages continues to be among the highest priorities of the state.
The Department of Alcoholic Beverage Control is charged with the
regulatory oversight of some 70,000 licensees throughout the State of
California, as well as investigating in excess of 10,000 new and
transfer applications per year.  Because the department is a special
fund department, it has been required to perform its functions with a
budget derived solely from the fees paid by licensees.  Yet, these
fees have not been increased to keep pace with inflation or rising
costs of operating the department since 1978.  As a result of the
neglect of insuring appropriate funding levels, the department is
facing a budget crisis, with the reduction in enforcement
capabilities being imminent.  Failure to correct the immediate
funding shortfall, as well as ensuring the fiscal integrity of the
department in the future, will significantly impede the department's
ability to meet its continuing obligations to protect the safety,
welfare, health, peace, and morals of the people of the state.  It is
the intent of the Legislature in enacting this act to return the
department to an acceptable level of funding by adjusting license
fees over a three-year period to a level consistent with the
increased costs associated with the regulation of the licensees, and
assuring a continued level of reasonable and responsible funding into
the future through annual adjustments in the Budget Act.
  SEC. 2.  Section 23320 of the Business and Professions Code is
repealed.
  SEC. 3.  Section 23320 is added to the Business and Professions
Code, to read:
   23320.  (a) The following are the types of licenses and the annual
fees to be charged therefor:


----------------------------------------------------------------------
-
'                       'Fee Effective 'Fee Effective 'Fee Effective
'
'Name & License         '    1/1/02    '    1/1/03    '    1/1/04
'
'Type Number:           '              '              '              '

---------------------------------------------------------------------
'(1) Beer manufacturer: '              '              '              '

'    (a) Beer manufac-  '              '              '              '

'    turers that pro-   '              '              '              '

'    duce 60,000 barrels'              '              '
'
'    or less a year     '              '              '              '

'    (Type 23) ........ '      $127.00 '      $134.00 '      $140.00
'
'    (b) All other beer '              '              '              '

'    manufacturers      '              '              '              '

'    (Type 1) ......... '    $1,043.00 '    $1,098.00 '    $1,153.00
'
'    (c) Branch Office  '              '              '              '

'    --Small Beer Manu- '              '              '              '

'      facturers        '              '              '              '

'      (Type 23D).......'       $69.00 '       $71.00 '       $73.00
'
'    --Beer Manufactur- '              '              '              '

'      ers (Type 1D)....'       $69.00 '       $71.00 '       $73.00
'
----------------------------------------------------------------------
-
'(2) Winegrower or wine '              '              '              '

'blender (to be computed'              '              '
'
'only on the gallonage  '              '              '              '

'produced or blended)   '              '              '              '

'(Type 2 & Type 22)     '              '              '              '

'--5,000 gallons or     '              '              '              '

'  less ................'       $34.00 '       $44.00 '       $54.00
'
'--Over 5,000 gallons to'              '              '
'
'  20,000 gallons per   '              '              '              '

'  year ................'       $65.00 '       $80.00 '       $99.00
'
'--Over 20,000 to       '              '              '              '

'  100,000 gallons per  '              '              '              '

'  year ................'      $130.00 '      $155.00 '      $180.00
'
'--Over 100,000 to      '              '              '              '

'  200,000 gallons per  '              '              '              '

'  year ................'      $180.00 '      $205.00 '      $237.00
'
'--Over 200,000 gallons '              '              '              '

'  to 1,000,000 gallons '              '              '              '

'  per year ............'      $250.00 '      $300.00 '      $351.00
'
'--For each 1,000,000   '              '              '              '

'  gallons or fraction  '              '              '              '

'  thereof over         '              '              '              '

'  1,000,000 gallons    '              '              '              '

'  an additional .......'      $170.00 '      $200.00 '      $229.00
'
'Winegrower (Branch     '              '              '              '

'Office)--(Type 2D).....'       $69.00 '       $71.00 '       $73.00
'
----------------------------------------------------------------------
-
'(3) Brandy manufacturer'              '              '
'
'(Type 3) ..............'      $212.00 '      $223.00 '      $234.00
'
'Brandy manufacturer    '              '              '              '

'(Branch Office)        '              '              '              '

'(Type 3D) .............'      $204.00 '      $210.00 '      $215.00
'
----------------------------------------------------------------------
-
'(4) Distilled spirits  '              '              '              '

'manufacturer           '              '              '              '

'(Type 4) ..............'      $348.00 '      $366.00 '      $384.00
'
----------------------------------------------------------------------
-
'(5) Distilled spirits  '              '              '              '

'manufacturer's agent   '              '              '              '

'(Type 5) ..............'      $348.00 '      $366.00 '      $384.00
'
----------------------------------------------------------------------
-
'(5a) California wine-  '              '              '              '

'grower's agent         '              '              '              '

'(Type 27) .............'      $348.00 '      $366.00 '      $384.00
'
----------------------------------------------------------------------
-
'(6) Still (Type 6) ....'       $33.00 '       $46.00 '       $58.00
'
----------------------------------------------------------------------
-
'(7) Rectifier          '              '              '              '

'(Type 7) ..............'      $348.00 '      $366.00 '      $384.00
'
----------------------------------------------------------------------
-
'(7a) Distilled spirits '              '              '              '

'rectifier's general    '              '              '              '

'license (Type 24) .....'      $348.00 '      $366.00 '      $384.00
'
----------------------------------------------------------------------
-
'(8) Wine rectifier     '              '              '              '

'(Type 8) ..............'      $348.00 '      $366.00 '      $384.00
'
----------------------------------------------------------------------
-
'(9) Beer & Wine import-'              '              '
'
'er (Type 9) ...........'       $25.00 '       $42.00 '       $58.00
'
----------------------------------------------------------------------
-
'(10) Beer and wine     '              '              '              '

'importer's general     '              '              '              '

'license (Type 10) .....'      $147.00 '      $202.00 '      $256.00
'
----------------------------------------------------------------------
-
'(11) Brandy importer   '              '              '              '

'(Type 11) .............'       $25.00 '       $42.00 '       $58.00
'
----------------------------------------------------------------------
-
'(12) Distilled spirits '              '              '              '

'importer (Type 12) ....'       $25.00 '       $42.00 '       $58.00
'
----------------------------------------------------------------------
-
'(13) Distilled spirits '              '              '              '

'importer's general     '              '              '              '

'license (Type 13) .....'      $348.00 '      $366.00 '      $384.00
'
----------------------------------------------------------------------
-
'(14) Public warehouse  '              '              '              '

'(Type 14) .............'       $33.00 '       $46.00 '       $58.00
'
----------------------------------------------------------------------
-
'(15) Customs broker    '              '              '              '

'(Type 15) .............'       $33.00 '       $46.00 '       $58.00
'
----------------------------------------------------------------------
-
'(16) Wine broker       '              '              '              '

'(Type 16) .............'       $71.00 '       $75.00 '       $78.00
'
----------------------------------------------------------------------
-
'(17) Beer and wine     '              '              '              '

'wholesaler (Type 17) ..'      $147.00 '      $202.00 '      $256.00
'
----------------------------------------------------------------------
-
'(18) Distilled spirits '              '              '              '

'wholesaler (Type 18) ..'      $348.00 '      $366.00 '      $384.00
'
----------------------------------------------------------------------
-
'(18a) California       '              '              '              '

'brandy wholesaler      '              '              '              '

'(Type 25) .............'      $348.00 '      $366.00 '      $384.00
'
----------------------------------------------------------------------
-
'(19) Industrial alco-  '              '              '              '

'hol dealer (Type 19) ..'       $71.00 '       $75.00 '       $78.00
'
----------------------------------------------------------------------
-
'(20) Retail package    '              '              '              '

'off-sale beer and wine '              '              '              '

'(Type 20) .............'      $105.00 '      $157.00 '      $209.00
'
----------------------------------------------------------------------
-
'(21) Retail package    '              '              '              '

'off-sale general       '              '              '              '

'license (Type 21) and  '              '              '              '

'controlled access cabi-'              '              '
'
'net permit (Type 66)...'      $431.00 '      $448.00 '      $464.00
'
----------------------------------------------------------------------
-
'(22) On-sale beer      '              '              '              '

'(Type 40 & Type 61);   '              '              '              '

'On-sale beer & wine    '              '              '              '

'(Type 42); Special     '              '              '              '

'on-sale beer & wine    '              '              '              '

'(Theater) (Type 69);   '              '              '              '

'and Special on-sale    '              '              '              '

'beer & wine (Symphony) '              '              '              '

'(Type 65) .............'      $204.00 '      $210.00 '      $215.00
'
----------------------------------------------------------------------
-
'(23) On-sale beer and  '              '              '              '

'wine eating place      '              '              '              '

'(Type 41) .............'      $236.00 '      $263.00 '      $290.00
'
----------------------------------------------------------------------
-
'(24) On-sale beer and  '              '              '              '

'wine license for trains'              '              '
'
'(per train) (Type 43)..'       $48.00 '       $68.00 '       $87.00
'
----------------------------------------------------------------------
-
'(25) On-sale beer li-  '              '              '              '

'cense for fishing party'              '              '
'
'boats (per boat)       '              '              '              '

'(Type 44) .............'       $59.00 '       $73.00 '       $87.00
'
----------------------------------------------------------------------
-
'(26) On-sale beer and  '              '              '              '

'wine license for boats '              '              '              '

'(per boat) (Type 45) ..'       $75.00 '       $81.00 '       $87.00
'
----------------------------------------------------------------------
-
'(27) On-sale beer and  '              '              '              '

'wine license for air-  '              '              '              '

'planes (per scheduled  '              '              '              '

'flight) (Type 46) .....'       $48.00 '       $68.00 '       $87.00
'
----------------------------------------------------------------------
-
'(28) On-sale general   '              '              '              '

'license (Types 47, 48, '              '              '              '

'57, 70, 75, 78, 78D    '              '              '              '

'(for 78D see Section   '              '              '              '

'23396.2)) and club     '              '              '              '

'caterer's permit       '              '              '              '

'(Type 58):             '              '              '              '

'--In cities of 40,000  '              '              '              '

'  population or over...'      $698.00 '      $715.00 '      $731.00
'
'--In cities of less    '              '              '              '

'  than 40,000 but more '              '              '              '

'  than 20,000          '              '              '              '

'  population ..........'      $503.00 '      $520.00 '      $536.00
'
'--In all other         '              '              '              '

'  localities ..........'      $443.00 '      $460.00 '      $476.00
'
'Duplicate on-sale      '              '              '              '

'general license        '              '              '              '

'(Types 47D, 48D, 57D)  '              '              '              '

'and portable bar li-   '              '              '              '

'cense (Type 68):       '              '              '              '

'--In cities of 40,000  '              '              '              '

'  population or over...'      $499.00 '      $513.00 '      $526.00
'
'--In cities of less    '              '              '              '

'  than 40,000 but more '              '              '              '

'  than 20,000          '              '              '              '

'  population ..........'      $295.00 '      $303.00 '      $311.00
'
'--In all other         '              '              '              '

'  localities ..........'      $233.00 '      $239.00 '      $245.00
'
----------------------------------------------------------------------
-
'(29) On-sale general   '              '              '              '

'license for seasonal   '              '              '              '

'business (Type 49):    '              '              '              '

'--In cities of 40,000  '              '              '              '

'  population or over   '              '              '              '

'  (per quarter) .......'      $176.00 '      $181.00 '      $186.00
'
'--In cities of less    '              '              '              '

'  than 40,000 but more '              '              '              '

'  than 20,000 popula-  '              '              '              '

'  tion (per quarter)...'      $126.00 '      $129.00 '      $132.00
'
'--In all other local-  '              '              '              '

'  ities (per quarter)..'      $109.00 '      $112.00 '      $115.00
'
'Duplicate on-sale      '              '              '              '

'general license for    '              '              '              '

'seasonal business      '              '              '              '

'(Type 49D):            '              '              '              '

'--In cities of 40,000  '              '              '              '

'  population or over   '              '              '              '

'  (per quarter) .......'      $126.00 '      $129.00 '      $132.00
'
'--In cities of less    '              '              '              '

'  than 40,000 but more '              '              '              '

'  than 20,000 popula-  '              '              '              '

'  tion (per quarter)...'       $74.00 '       $76.00 '       $78.00
'
'--In all other local-  '              '              '              '

'  ities (per quarter)..'       $59.00 '       $61.00 '       $62.00
'
----------------------------------------------------------------------
-
'(30)(a) On-sale general'              '              '
'
'license for bona fide  '              '              '              '

'clubs, (b) Club license'              '              '
'
'(issued under Article 4'              '              '
'
'of this chapter), or   '              '              '              '

'(c) Veterans' club li- '              '              '              '

'cense (issued under    '              '              '              '

'Article 5 (commencing  '              '              '              '

'with Section 23450) of '              '              '              '

'this chapter) (Types   '              '              '              '

'50, 51, 52, & 64):     '              '              '              '

'--In cities of 40,000  '              '              '              '

'  population or over...'      $400.00 '      $411.00 '      $422.00
'
'--In cities of less    '              '              '              '

'  than 40,000 but more '              '              '              '

'  than 20,000 popula-  '              '              '              '

'  ion ................ '      $301.00 '      $309.00 '      $317.00
'
'--In all other local-  '              '              '              '

'  ities................'      $267.00 '      $274.00 '      $281.00
'
----------------------------------------------------------------------
-
'(31) On-sale general   '              '              '              '

'license for trains and '              '              '              '

'sleeping cars          '              '              '              '

'(Type 53) .............'      $156.00 '      $160.00 '      $164.00
'
'--Duplicate on-sale    '              '              '              '

'  general license for  '              '              '              '

'  trains and sleeping  '              '              '              '

'  car companies        '              '              '              '

'  (Type 53D)...........'       $46.00 '       $52.00 '       $58.00
'
----------------------------------------------------------------------
-
'(32) On-sale general   '              '              '              '

'license for boats      '              '              '              '

'(Type 54) .............'      $402.00 '      $413.00 '      $424.00
'
----------------------------------------------------------------------
-
'(33) On-sale general   '              '              '              '

'license for airplanes  '              '              '              '

'(Type 55) .............'      $402.00 '      $413.00 '      $424.00
'
'--Duplicate on-sale    '              '              '              '

'  general license for  '              '              '              '

'  air common carriers  '              '              '              '

'  (Type 55D)...........'       $32.00 '       $45.00 '       $58.00
'
----------------------------------------------------------------------
-
'(34) On-sale general   '              '              '              '

'license for vessels of '              '              '              '

'more than 1,000 tons   '              '              '              '

'burden (Type 56) and   '              '              '              '

'for Maritime Museum    '              '              '              '

'(Type 76) .............'      $156.00 '      $160.00 '      $164.00
'
'--Duplicate on-sale    '              '              '              '

'  general license for  '              '              '              '

'  vessels of more than '              '              '              '

'  1,000 tons burden    '              '              '              '

'  (Type 56D) and for   '              '              '              '

'  Maritime Museum      '              '              '              '

'  (Type 76D)...........'       $46.00 '       $52.00 '       $58.00
'
----------------------------------------------------------------------
-
'(35) On-sale general   '              '              '              '

'bona fide public eating'              '              '
'
'place intermittent     '              '              '              '

'dockside license for   '              '              '              '

'vessels of more than   '              '              '              '

'7,000 tons displacement'              '              '
'
'(Type 62) .............'      $435.00 '      $447.00 '      $459.00
'
----------------------------------------------------------------------
-
'(36) On-sale special   '              '              '              '

'beer and wine license  '              '              '              '

'for hospitals, conva-  '              '              '              '

'lescent homes, and rest'              '              '
'
'homes (Type 63) .......'       $68.00 '       $70.00 '       $72.00
'
----------------------------------------------------------------------
-
'(37) On-Sale beer &    '              '              '              '

'wine seasonal (Type 59)'              '              '
'
'and on-sale beer       '              '              '              '

'seasonal (Type 60)     '              '              '              '

'--Operating period     '              '              '              '

'  3-9 months ..........'      $161.00 '      $171.00 '      $180.00
'
'--Operating period     '              '              '              '

'  3-6 months  .........'      $108.00 '      $115.00 '      $122.00
'
---------------------------------------------------------------------'
'

   (b) Beginning January 1, 2005, and each January 1 thereafter, the
department may adjust each of the fees specified in the foregoing
section by increasing each fee by an amount not to exceed the
percentage that the Consumer Price Index (United States Bureau of
Labor Statistics, West Region, All Urban Consumers, All Items, Base
Period 1982-84=100) for the preceding April 2003, and each April
annually thereafter, has increased under the same index over the
month of April 2002, which shall be the base period.  No fee shall be
decreased pursuant to this adjustment below the fee currently in
effect on each December 31.  In the event that this index is
discontinued, the department shall consult with the Department of
Finance to convert the increase calculations to an index then
available.  When approved by the Department of Finance, the new index
shall replace the discontinued index.
   (c) The department shall calculate the percentage increase as
specified in subdivision (b) and shall apply this increase to each
fee.  The increase to each fee shall be rounded to the nearest whole
dollar.  The adjusted fee list shall be published by the department
and transmitted to the Legislature for approval as part of the
department's budget submission for the fiscal year in which the
adjusted fees would be implemented.  This adjustment of fees and
publication of the adjusted fee list is not subject to the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
  SEC. 4.  Section 23320.2 of the Business and Professions Code is
repealed.
  SEC. 5.  Section 23320.3 of the Business and Professions Code is
repealed.
  SEC. 6.  Section 23357.2 of the Business and Professions Code is
amended to read:
   23357.2.  (a) An out-of-state beer manufacturer's certificate may
be issued by the department upon the written undertaking and
agreement by the applicant:
   (1) That it and its agents and all agencies within this state
controlled by it shall comply with all laws of this state and all
rules of the department with respect to the sale of alcoholic
beverages, including, but not limited to, Chapter 12 (commencing with
Section 25000) of Division 9, and Section 25509, to the same extent
as licensees.
   (2) That it shall make available, both in California and outside
the state, for inspection and copying by the department, all books,
documents, and records, located both within and without this state,
which are pertinent to the activities of the applicant, its agents
and agencies within this state controlled by it, in connection with
the sale and distribution of its products within this state.
   (b) The department may suspend or revoke an out-of-state beer
manufacturer's certificate for cause in the manner provided for the
suspension or revocation of licenses, and after a hearing which shall
be held in the City of Sacramento or in any other county seat in
this state as the department determines to be convenient to the
holder of an out-of-state certificate.
   (c) The annual fees for an out-of-state beer manufacturer's
certificate shall be fifty-four dollars ($54) for certificates issued
during the 2002 calendar year, fifty-seven dollars ($57) for
certificates issued during the 2003 calendar year, sixty dollars
($60) for certificates issued during the 2004 calendar year, and for
certificates issued during the years thereafter, the annual fee shall
be calculated pursuant to subdivisions (b) and (c) of Section 23320.

   (d) All money collected from the fees provided for in this section
shall be deposited in the Alcohol Beverage Control Fund as provided
by Section 25761.
  SEC. 7.  Section 23358.3 of the Business and Professions Code is
amended to read:
   23358.3.  A wine grape grower's storage license authorizes the
holder to store bulk wine, made from grapes produced by the holder,
on the premises of a licensed winegrower and to sell that wine,
within this state, to winegrowers, distilled spirits manufacturers,
brandy manufacturers,
wine blenders, and vinegar producers.
   The annual fee for a wine grape grower's storage license shall be
sixty dollars ($60) for licenses issued during the 2002 calendar
year, sixty-four dollars ($64) for licenses issued during the 2003
calendar year, sixty-seven dollars ($67) for licenses issued during
the 2004 calendar year, and for licenses issued during the years
thereafter, the annual fee shall be calculated pursuant to
subdivisions (b) and (c) of Section 23320.
  SEC. 8.  Section 23366.3 of the Business and Professions Code is
amended to read:
   23366.3.  (a) An out-of-state distilled spirits shipper's
certificate may be issued by the department upon the written
undertaking and agreement by the applicant:
   (1) That it and its agents and all agencies within this state
controlled by it shall comply with all laws of this state and all
rules of the department with respect to the sale of alcoholic
beverages;
   (2) That it shall make available, both in California and outside
the state, for inspection and copying by the department, all books,
documents, and records, located both within and without the state,
which are pertinent to the activities of the applicant, its agents
and agencies within this state controlled by it, in connection with
the sale and distribution of its products within this state.
   (b) The department may suspend or revoke an out-of-state distilled
spirits shipper's certificate for cause in the manner provided for
the suspension and revocation of licenses, and after a hearing which
shall be held in the City of Sacramento or in such other county seat
in the state as the department determines to be convenient to the
holder of an out-of-state distilled spirits shipper's certificate.
   (c) The annual fees for an out-of-state distilled spirits shipper'
s certificate shall be fifty-four dollars ($54) for certificates
issued during the 2002 calendar year, fifty-seven dollars ($57) for
certificates issued during the 2003 calendar year, sixty dollars
($60) for certificates issued during the 2004 calendar year, and for
certificates issued during the years thereafter, the annual fee shall
be calculated pursuant to subdivisions (b) and (c) of Section 23320.

   (d) All money collected from the fees provided for in this section
shall be deposited in the Alcohol Beverage Control Fund, as provided
by Section 25761.
  SEC. 9.  Section 23389 of the Business and Professions Code is
amended to read:
   23389.  A licensed beer manufacturer may sell and deliver beer
from branch offices located away from his or her place of manufacture
and exercise all his or her license privileges, other than
manufacture, at or from the branch offices.  The department shall
upon request issue to a beer manufacturer a duplicate of his or her
original license which shall authorize the maintenance and operation
of each branch declared and designated by him or her, upon the
payment for each duplicate of the fee specified in Section 23320.
   Notwithstanding the provisions of any other section of this
division, the duplicate license shall be issued forthwith upon the
application therefor.  In the event any protest is received by the
department concerning the issuance of the duplicate license, the
protest shall be considered as an accusation against the licensee and
a hearing had thereon as if an accusation had been filed.
   For 30 days from the date of the issuance of the duplicate
license, no retail sales of beer shall be made at any branch office
for which a duplicate license is issued pursuant to this section.
  SEC. 10.  Section 23390 of the Business and Professions Code is
amended to read:
   23390.  A licensed winegrower or brandy manufacturer, in addition
to exercising all the privileges of his or her license at his or her
licensed premises, may exercise all his or her license privileges at
or from branch offices or warehouses, or United States bonded wine
cellars located away from his or her place of production or
manufacture, other than production or manufacture, the sale of wine
or brandy to consumers for consumption on the premises in a bona fide
eating place, and the sale or delivery of wine to consumers in
containers supplied, furnished, or sold by the consumer.  The
department shall, upon request, issue to a winegrower or brandy
manufacturer a duplicate of his or her original license for a
location or locations other than his or her wine production or brandy
manufacture premises.  The duplicate license authorizes the
maintenance and operation of each branch or warehouse or United
States bonded wine cellar declared and designated by the winegrower
or brandy manufacturer at the location for which the duplicate
license is issued.  The fee for each duplicate winegrower's license
and for each duplicate brandy manufacturer's license is as specified
in Section 23320.
   Notwithstanding the provisions of any other section of this
division, a duplicate winegrower's license or duplicate brandy
manufacturer's license shall be issued forthwith upon the application
therefor.  In the event any protest is received by the department
concerning the issuance of the duplicate license, the protest shall
be considered as an accusation against the licensee and a hearing had
thereon as if an accusation had been filed.
   For 30 days from the date of the issuance of the duplicate
license, no retail sales of wine or brandy shall be made at any
branch office for which a duplicate winegrower's license or duplicate
brandy manufacturer's license is issued pursuant to this section.
   Notwithstanding any other provision of law, the department may
allow any person who held more than one original winegrower's
license, on or before January 1, 1981, to transfer any duplicate
license which has been issued, on or before January 1, 1981, on any
of the original winegrower's licenses to any other original
winegrower's license held by that person, on or before January 1,
1981, provided that the licensee cancels the original winegrower's
license from which any duplicate license is transferred.  This
subdivision shall not authorize any person to acquire any additional
duplicate licenses other than those held by that licensee on or
before January 1, 1981.
  SEC. 11.  Section 23399 of the Business and Professions Code is
amended to read:
   23399.  (a) An on-sale general license authorizes the sale of
beer, wine, and distilled spirits for consumption on the premises
where sold.  Any licensee under an on-sale general license, a club
license, or a veterans' club license may apply to the department for
a caterer's permit.  A caterer's permit under an on-sale general
license shall authorize the sale of beer, wine, and distilled spirits
for consumption at conventions, sporting events, trade exhibits,
picnics, social gatherings, or similar events held any place in the
state approved by the department.  A caterer's permit under a club
license or a veterans' club license shall authorize sales at these
events only upon the licensed club premises.
   (b) Any licensee under an on-sale general license or an on-sale
beer and wine license may apply to the department for an event
permit.  An event permit under an on-sale general license or an
on-sale beer and wine license shall authorize, at events held no more
frequently than one day in any single calendar quarter, the sale of
beer, wine, and distilled spirits only under an on-sale general
license or beer and wine only under an on-sale beer and wine license
for consumption on property adjacent to the licensed premises and
owned or under the control of the licensee.  This property shall be
secured and controlled by the licensee and not visible to the general
public.  For purposes of this subdivision, "calendar quarter" means
January 1 to March 31, inclusive, April 1 to June 30, inclusive, July
1 to September 30, inclusive, or October 1 to December 31,
inclusive, of any calendar year.
   (c) This section shall in no way limit the power of the department
to issue special licenses under the provisions of Section 24045 or
to issue daily on-sale general licenses under the provisions of
Section 24045.1.  Consent for sales at each event shall be first
obtained from the department in the form of a catering or event
authorization issued pursuant to rules prescribed by it.  Any event
authorization shall be subject to approval by the appropriate local
law enforcement agency.  Each catering or event authorization shall
be issued at a fee not to exceed ten dollars ($10) and this fee shall
be deposited in the Alcohol Beverage Control Fund as provided in
Section 25761.
   (d) At all approved events, the licensee may exercise only those
privileges authorized by the licensee's license and shall comply with
all provisions of the act pertaining to the conduct of on-sale
premises and violation of those provisions may be grounds for
suspension or revocation of the licensee's license or permit, or
both, as though the violation occurred on the licensed premises.
   (e) The fee for a caterer's permit for a licensee under an on-sale
general license or an event permit for a licensee under an on-sale
general license or an on-sale beer and wine license shall be one
hundred four dollars ($104) for permits issued during the 2002
calendar year, one hundred seven dollars ($107) for permits issued
during the 2003 calendar year, one hundred ten dollars ($110) for
permits issued during the 2004 calendar year, and for permits issued
during the years thereafter, the annual fee shall be calculated
pursuant to subdivisions (b) and (c) of Section 23320, and the fee
for a caterer's permit for a licensee under a club license or a
veterans' club license shall be as specified in Section 23320, and
the permit may be renewable annually at the same time as the licensee'
s license.  A caterer's or event permit shall be transferable as a
part of the license.
  SEC. 12.  Section 23399.4 of the Business and Professions Code is
amended to read:
   23399.4.  (a) A licensee under a winegrower's license may apply to
the department for a certified farmers' market sales permit.  A
certified farmers' market sales permit shall authorize the licensee,
a member of the licensee's family, or an employee of the licensee to
sell wine produced and bottled by the winegrower entirely from grapes
grown by the winegrower at a certified farmers' market at any place
in the state approved by the department.  The permit may be issued
for up to 12 months but shall not be valid for more than one day a
week at any single specified certified farmers' market location.  A
winegrower may hold more than one certified farmers' market sales
permit.  The department shall notify the city, county, or city and
county and applicable law enforcement agency where the certified
farmers' market is to be held of the issuance of the permit.  A
"certified farmers' market" means a location operated in accordance
with Chapter 10.5 (commencing with Section 47000) of Division 17 of
the Food and Agricultural Code, and the regulations adopted pursuant
thereto.
   (b) The licensed winegrower eligible for the certified farmers'
market sales permit shall not sell more than 5,000 gallons of wine
annually pursuant to all certified farmers' market sales permits held
by any single winegrower.  The licensed winegrower shall report
total certified farmers' market wine sales to the department on an
annual basis.  The report may be included within the annual report of
production submitted to the department, or pursuant to any
regulation as may be prescribed by the department.
   (c) The fee for any permit issued pursuant to this section shall
be forty-four dollars ($44) for permits issued during the 2002
calendar year, forty-seven dollars ($47) for permits issued during
the 2003 calendar year, fifty dollars ($50) for permits issued during
the 2004 calendar year, and for permits issued during the years
thereafter, the annual fee shall be calculated pursuant to
subdivisions (b) and (c) of Section 23320.
   (d) All money collected as fees pursuant to this section shall be
deposited in the Alcohol Beverage Control Fund as provided in Section
25761.
  SEC. 13.  Section 24042 of the Business and Professions Code is
amended to read:
   24042.  Any licensee under an on-sale general license or an
on-sale general license for seasonal business who maintains upon or
within the premises for which the license is issued more than one
room in which there is regularly maintained a fixed counter or
service bar at which distilled spirits are served to members of the
public for consumption within the licensed premises shall obtain from
the department, and the department may upon request issue, a
duplicate of his or her original license for each room, in excess of
one, containing a fixed counter or service bar and shall post a
duplicate of his or her original license in each room.  Failure to
obtain the duplicate licenses and to pay the fees and renewal fees,
as specified in Section 23320, shall subject the licensee to the
penalties imposed by this division for failure to obtain an original
license or to pay the renewal fees therefor.
   The duplicate license may be issued to a room reserved for the
exclusive use of designated patrons, provided that the department
shall, in the event the license is issued, endorse upon the license
the terms and conditions under which the privileges conferred by the
said license may be exercised, and provided further that upon the
receipt by the department of the request for the duplicate license
written notice thereof which shall consist of a copy of the request
shall immediately be mailed by the department to the sheriff or chief
of police within whose jurisdiction the premises are situated and no
duplicate license shall be issued by the department until at least
30 days after such mailing.  Upon receipt by the department within 30
days of a protest by the sheriff or chief of police within whose
jurisdiction the premises are situated, the department shall not
issue the duplicate license until after a hearing is held by the
department within the county or city affected and said hearing shall
be conducted in accordance with Chapter 5 (commencing with Section
11500), Part 1, Division 3, Title 2 of the Government Code and the
department shall have all the powers granted therein.
   A licensee under an on-sale general license, or an on-sale general
license for seasonal business, issued for a bona fide public eating
place may obtain a duplicate license or licenses under this section
for rooms which constitute public premises, as defined in Section
23039, and a licensee under the license issued for public premises
may obtain a duplicate license or licenses under this section for
rooms which constitute bona fide public eating places, except that a
duplicate license or licenses for rooms which constitute bona fide
public eating places shall only be issued after the department has
made the investigation and determination required by Section 23787.
Rooms which constitute bona fide public eating places shall not be
considered public premises, as defined in Section 23039, and the
provisions of this division applicable solely to these public
premises shall not be applicable to these rooms.
  SEC. 14.  Section 24042.5 of the Business and Professions Code is
amended to read:
   24042.5.  Notwithstanding any other provision of this division,
any licensee under an on-sale general or on-sale general license for
seasonal business who has a premises with a fixed counter or service
bar in one room of the premises for the service of distilled spirits
to members of the public for consumption on the premises and who has
other rooms on the premises which can be utilized for the same
purposes by means of a portable bar counter may elect to request the
department to license the portable bar counter itself rather than the
additional rooms as provided in Section 24042.  However, if two or
more portable bar counters are utilized at the same time, in the same
room, only one portable bar shall be required to be licensed.  The
licensee shall pay to the department at the time of the application
for each portable bar counter an amount equal to the license fee
payable for a like period for the distilled spirits privileges of the
original on-sale general license or on-sale general license for
seasonal business.  Failure to obtain the portable bar counter
license and to pay the fees and renewal fees, as specified in Section
23320, shall subject the licensee to the penalties imposed by this
division for failure to obtain an original license or pay the renewal
fees therefor.
  SEC. 15.  Section 24045.7 of the Business and Professions Code is
amended to read:
   24045.7.  (a) (1) The department may issue a special on-sale
general license to any nonprofit theater company that is exempt from
the payment of income taxes under Section 23701d of the Revenue and
Taxation Code and Section 501(c)(3) of the Internal Revenue Code of
the United States.  Any special on-sale general license issued to a
nonprofit theater company pursuant to this subdivision shall be for a
single specified premises only.
   (2) Theater companies holding a license under this subdivision
may, subject to Section 25631, sell and serve alcoholic beverages to
ticketholders only during, and two hours prior to and one hour after,
a bona fide theater performance of the company.
   (3) Notwithstanding any other provision in this division, a
licensed manufacturer, winegrower, manufacturer's agent, California
winegrower's agent, rectifier, distiller, bottler, importer, or
wholesaler, or any officer, director, employee, or agent of that
person, may serve on the board of trustees of a nonprofit theater
company operating a theater in Napa County licensed pursuant to this
subdivision.
   (4) An applicant for such a license shall accompany the
application with an original issuance fee of one thousand dollars
($1,000) and shall pay an annual renewal fee as provided in Section
23320.
   (5) The Legislature finds that it is necessary and proper to
require a separation between manufacturing interests, wholesale
interests, and retail interests in the production and distribution of
alcoholic beverages in order to prevent suppliers from dominating
local markets through vertical integration and to prevent excessive
sales of alcoholic beverages produced by overly aggressive marketing
techniques.  The Legislature further finds that the exceptions
established by this subdivision to the general prohibition against
tied interests must be limited to their express terms so as not to
undermine the general prohibition, and intends that this section be
construed accordingly.
   (b) (1) The department may issue a special on-sale beer and wine
license to any nonprofit theater company which has been in existence
for at least eight years, which for at least six years has performed
in facilities leased or rented from a local county fair association,
and which is exempt from the payment of income taxes under Section
23701d of the Revenue and Taxation Code and Section 501(c)(3) of the
Internal Revenue Code of the United States.
   (2) Theater companies holding a license under this subdivision
may, subject to Section 25631, sell and serve beer and wine to
ticketholders only during, and two hours prior to, a bona fide
theater performance of the company.  Beer and wine may be sold from
an open-air concession stand which is not attached to the theater
building itself, if the concession stand is located on fair
association property within 30 feet of the theater building and the
alcoholic beverages sold are consumed only in the theater building
itself, or within a designated outdoor area in front of and between
the concession stand and the main public entrance to the theater
building.  Nothing in this section permits a theater company to sell
beer or wine during the run of a county fair.
   (3) An applicant for a license under this subdivision shall
accompany the application with an original issuance fee equal to the
annual renewal fee and shall pay an annual renewal fee as provided in
Section 23320.
  SEC. 16.  Section 24045.11 of the Business and Professions Code is
amended to read:
   24045.11.  The department may issue a special on-sale wine license
to an establishment licensed to do business as a bed and breakfast
inn.
   "Bed and breakfast inn," as used in this section, means an
establishment of 20 guestrooms or less, which provides overnight
transient occupancy accommodations, which serves food only to its
registered guests, which serves only a breakfast or similar early
morning meal, and with respect to which the price of the food is
included in the price of the overnight transient occupancy
accommodation.  For purposes of this section, "bed and breakfast inn"
refers to an establishment as to which the predominant relationship
between the occupants thereof and the owner or operator of the
establishment is that of innkeeper and guest.  For purposes of this
section, the existence of some other legal relationships as between
some occupants and the owner or operator is immaterial.
   An establishment holding a license under this section is
authorized to serve wine purchased from a licensed winegrower or wine
wholesaler only to registered guests of the establishment.  Wine
shall not be given away to guests but the price of the wine shall be
included in the price of the overnight transient occupancy
accommodation.  Guests shall not be permitted to remove wine served
in the establishment from the grounds.
   The applicant for a license shall accompany the application with
an original fee of fifty dollars ($50) and shall pay an annual
renewal fee of six dollars ($6) for each guestroom in the
establishment until December 31, 2004, and for each year thereafter
the annual fee shall be calculated pursuant to subdivisions (b) and
(c) of Section 23320.
  SEC. 17.  Section 24045.85 of the Business and Professions Code is
amended to read:
   24045.85.  The department may issue a special on-sale beer and
wine license to any symphony association organized as a nonprofit
corporation more than 30 years before the date of application and
which is exempt from the payment of income taxes under Section 23701d
of the Revenue and Taxation Code and Section 501(c)(3) of the
Internal Revenue Code of 1954 of the United States.
   A symphony association holding a license under this section may
sell and serve alcoholic beverages only to persons attending concerts
on the licensed premises.  Sales of alcoholic beverages shall only
be permitted, subject to Section 25631, during the period commencing
two hours before the performance and ending one hour after the
performance.
   The applicant for a license shall accompany the application with
an original fee of three hundred dollars ($300) and shall pay an
annual renewal fee as provided in Section 23320.
   Original licenses may be issued pursuant to this section until
January 1, 1987; thereafter no new licenses shall be issued.
Licenses originally issued pursuant to this section prior to January
1, 1987, may continue to be renewed annually by the holder thereof.

  SEC. 18.  Section 24048 of the Business and Professions Code is
amended to read:
   24048.  Every license, other than a temporary license or a daily
on-sale general license issued pursuant to Section 24045.1, is
renewable unless the license has been revoked if the renewal
application is made and the fee therefor is paid.  All licenses
expire at 12 midnight on the last day of the month posted on the
license.  All licenses issued shall be renewed as follows:
   (a) On or before the first of the month preceding the month posted
on the license, the department shall mail to each licensee at his or
her licensed premises, or at any other mailing address that the
licensee has designated, an application to renew the license.
   (b) The application to renew the license may be filed before the
license expires upon payment of the annual fee as set forth in
Section 23320, 23358.3, or 23399.
   (c) For 60 days after the license expires, the license may be
renewed upon payment of the annual renewal fee as set forth in
Section 23320, 23358.3, or 23399, plus a penalty fee that shall be
equal to 50 percent of the annual fee.
   (d) Unless otherwise terminated, or unless renewed pursuant to
subdivision (b) or (c) of this section, a license that is in effect
on the month posted on the license continues in effect through 2 a.m.
of the 60th day following the month posted on the license, at which
time it is automatically canceled.
   (e) On or before the 10th day preceding the cancellation of a
license, the department shall mail a notice of cancellation to each
licensee who has not either filed an application to renew his or her
license or notified the department of his or her intent not to do so.
  Failure to mail the renewal application in accordance with
subdivision (a) or to mail the notice provided in this subdivision
shall not continue the right to a license.
   (f) A license that has been canceled pursuant to subdivision (d)
of this section may be reinstated during the 30 days immediately
following cancellation upon payment by cashier's check or money order
of the annual renewal fee as set forth in Section 23320, 23358.3, or
23399, plus a penalty fee that shall be equal to 100 percent of the
annual fee.  A license that has been canceled pursuant to subdivision
(d) of this section and that has not been reinstated within 30 days
pursuant to this subdivision is automatically revoked on the 31st day
after the license has been canceled.
   (g) No renewal application shall be deemed filed within the
meaning of this section unless the document itself has been actually
delivered to, and the required renewal fee has been paid at, any
office of the department during office hours, or unless both the
document and fee have been filed and remitted pursuant to Section
11003 of the Government Code.
  SEC. 19.  The Department of Alcoholic Beverage Control shall
conduct a study to assess its existing automation and information
technology systems and identify necessary improvements and possible
enhancements.  The results of this study shall be reported to the
Legislature on or before May 15, 2002.  The report shall also
identify potential revenue sources that could be used to fund these
improvements and enhancements including, but not limited to,
receiving federal grants, earmarking a portion of any future Consumer
Price Index adjustments authorized by Section 23320 of the Business
and Professions Code, or using the revenue from the fee for services
proposed in Section 21 of this act.
     SEC. 20.  The Department of Alcoholic Beverage Control shall
also study the feasibility of charging a fee to applicants for, and
holders of, licenses for services provided by the department within
existing programs, and report the results of the study to the
Legislature by May 15, 2002.  In conducting this study, the
department shall take into consideration whether the public would
benefit from a "fee for service" policy.