BILL NUMBER: SB 108	CHAPTERED  09/26/07

	CHAPTER  246
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2007
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2007
	PASSED THE SENATE  MAY 14, 2007
	PASSED THE ASSEMBLY  AUGUST 30, 2007

INTRODUCED BY   Senator Wiggins

                        JANUARY 18, 2007

   An act to amend Section 23356.1 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 108, Wiggins. Alcoholic beverages: winegrower's license.
   The Alcoholic Beverage Control Act authorizes a person issued a
winegrower's license to conduct winetastings either on or off the
winegrower's premises. The act provides that when a winetasting is
held off the winegrower's premises at an event sponsored by a private
nonprofit organization, as defined, no wine may be sold, and no
sales or orders solicited, except as provided.
   This bill would expand the definition of a nonprofit organization
to include specified tax-exempt organizations.
   The Alcoholic Beverage Control Act provides that a violation of
its provisions is a misdemeanor, unless otherwise specified. This
bill, by changing the definition of an existing crime, imposes 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.


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

  SECTION 1.  Section 23356.1 of the Business and Professions Code is
amended to read:
   23356.1.  (a) A winegrower's license also authorizes the person to
whom issued to conduct winetastings of wine produced or bottled by,
or produced and packaged for, the licensee, either on or off the
winegrower's premises. When a winetasting is held off the winegrower'
s premises at an event sponsored by a private nonprofit organization,
no wine may be sold, and no sales or orders solicited, except that
orders for the sale of wine may be accepted by the winegrower if the
sales transaction is completed at the winegrower's premises. For
purposes of this subdivision, "private nonprofit organization" means
an organization described in Section 23701a, 23701b, 23701d, 23701e,
23701f, 23701g, 23701i, 23701k, 23701, 23701r, or 23701w of the
Revenue and Taxation Code.
   (b) Notwithstanding any other provisions of this division, a
winegrower who, prior to July 1, 1970, had, at his or her premises of
production, sold to consumers for consumption off the premises
domestic wine other than wine which was produced or bottled by, or
produced and packaged for, the licensee, and which was not sold under
a brand or trade name owned by the licensee, and who had, prior to
July 1, 1970, conducted winetastings of the domestic wine at his or
her licensed premises, is authorized to continue to conduct the
winetasting and selling activities at the licensed premises.
   (c) A winegrower who was licensed as such prior to July 1, 1954,
and who prior to July 1, 1970, had, at his or her licensed premises,
sold to consumers for consumption off the premises, wine packaged for
and imported by him or her, and who conducted winetastings of the
wines at his or her licensed premises, may continue to conduct the
winetasting and selling activities at the licensed premises.
   (d) The department may adopt the rules as it determines to be
necessary for the administration of this section.
  SEC. 2.  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.