BILL NUMBER: AB 323 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 27, 2007
INTRODUCED BY Assembly Member Evans
(Principal coauthor: Senator Wiggins)
FEBRUARY 13, 2007
An act to amend Section 25503.9 of, and to add Section
24045.17 to, the Business and Professions Code, relating to
alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 323, as amended, Evans. Alcoholic beverage licensees: wine.
The Alcoholic Beverage Control Act authorizes a person
issued a winegrower's license to conduct winetastings either on or
off the winegrower's premises, subject to specified restrictions,
including a prohibition on the sale of wine at specified events
sponsored by nonprofits, as provided provides that
nothing in that law prohibits a winegrower from giving or selling
wine to certain nonprofit organizations, as specified, at prices
other than those contained in schedules filed with the Department of
Alcoholic Beverage Control. Existing law allows nonprofit
organizations holding a temporary wine license to conduct
winetastings .
This bill states the intent of the Legislature to enact
legislation to allow additional specified licensees to donate wine to
nonprofits and pour wine at events sponsored by nonprofits
would add beer and wine wholesalers that also hold off-sale
beer and wine retail licenses and only sell wine to those who are not
prohibited from giving or selling wine to those nonprofit
organizations. This bill would also allow beer and wine wholesalers
that also hold off-sale beer and wine retail licenses and only sell
wine, subject to specified conditions, to assist a nonprofit
organization holding a temporary wine license in conducting a
winetasting .
The Alcoholic Beverage Control Act provides that a violation of
its provisions is a misdemeanor, unless otherwise specified. This
bill, by creating a new crime, would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 24045.17 is added to the
Business and Professions Code , to read:
24045.17. Notwithstanding any other provision of this division, a
beer and wine wholesaler that also holds an off-sale beer and wine
retail license and only sells wine may assist a nonprofit
organization holding a temporary wine license in conducting a
winetasting. The privilege granted under this section for a beer and
wine wholesaler that also holds an off-sale beer and wine retail
license and only sells wine shall apply only to wine produced for the
donating licensee that is labeled with a brand owned exclusively by
the donating licensee and include in the tasting only wine donated by
the licensee to the event.
SEC. 2. Section 25503.9 of the Business
and Professions Code is amended to read:
25503.9. Nothing in this division prohibits a winegrower or
a beer and wine wh olesaler that also holds an off-sale
beer and wine retail license and only sells wine from giving or
selling wine, a beer manufacturer from giving or selling beer, a
distilled spirits manufacturer or a distilled spirits manufacturer's
agent from giving or selling distilled spirits, or a licensed
importer from giving or selling beer, wine, or distilled spirits at
prices other than those contained in schedules filed with the
department, to any of the following:
(a) A nonprofit charitable corporation or association exempt from
payment of income taxes under the provisions of the Internal Revenue
Code of 1954 of the United States and Chapter 4 (commencing with
Section 23701) of Part 11 of Division 2 of the Revenue and Taxation
Code.
(b) A nonprofit incorporated trade association that is exempt from
payment of income taxes under the provisions of the Internal Revenue
Code of 1954 of the United States and Chapter 4 (commencing with
Section 23701) of Part 11 of Division 2 of the Revenue and Taxation
Code, and the members of which trade association are licensed under
this division. However, the wine, beer, and distilled spirits shall
be used solely for a convention or meeting of the nonprofit
incorporated trade association.
(c) A nonprofit corporation or association that is exempt from
payment of income taxes under the provisions of the Internal Revenue
Code of 1954 of the United States and is defined as a tax exempt
organization under Section 23701a, 23701d, 23701e, 23701f, or 23701r
of the Revenue and Taxation Code. Wine, beer, and distilled spirits
given or sold by a winegrower, beer manufacturer, distilled spirits
manufacturer, distilled spirits manufacturer's agent, or licensed
importer pursuant to this subdivision may be furnished only in
connection with public service or fundraising activities including
picnics, parades, fairs, amateur sporting events, agricultural
exhibitions, or similar events.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. It is the intent of the Legislature
to enact legislation to authorize beer and wine wholesale licensees
and retail package off-sale beer and wine licensees to donate wine to
nonprofits and pour wine at events sponsored by nonprofits.