BILL NUMBER: AB 1470 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 26, 2009
AMENDED IN SENATE AUGUST 19, 2009
AMENDED IN ASSEMBLY APRIL 23, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Evans
FEBRUARY 27, 2009
An act to amend Section Sections 23390 and
23396.5 of the Business and Professions Code, relating to
alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 1470, as amended, Evans. Alcoholic beverage licensees.
The Alcoholic Beverage Control Act contains various provisions
regulating the application for, the issuance of, the suspension of,
and the conditions imposed upon, alcoholic beverage licenses by the
Department of Alcoholic Beverage Control. Under existing law, a
licensed winegrower that is exercising specified privileges may allow
a person who has purchased and partially consumed a bottle of wine
to remove that bottle from the premises upon departure. Existing
law also authorizes a licensed winegrower to, among other things,
sell wine and brandy for consumption to consumers for on-premises
consumption at branch offices or warehouses or United States bonded
wine cellars located away from his or her place of production or
manufacture. Existing law also requires the Department of Alcoholic
Beverage Control to issue a duplicate license to a winegrower or
brandy manufacturer for locations other than his or her
wine production or brandy manufacture premises.
This bill would also authorize an on-sale beer and wine public
premises licensee and a licensed winegrower who exercises his or her
license privileges at specified locations to allow a person who has
purchased and partially consumed a bottle of wine to remove the
partially consumed bottle from the premises upon departure. This
bill would, additionally, remove the authorization for licensed
winegrowers or brandy man ufacturers to sell wine for
consumption on the premises. This bill would also remove the
requirement that the Department of Alcoholic Beverage Control issue a
duplicate license for a winegrower or brandy manufacturer for
locations other than his or her wine production or brandy manufacture
premises, and would instead provide that the department may issue
the duplicate license.
The Alcoholic Beverage Control Act provides that a violation of
any of its provisions for which another penalty or punishment is not
specifically provided is a misdemeanor. This bill would expand
existing crimes by imposing additional requirements on a licensee
under the act, thus, the bill 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: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 to consumers for consumption on the licensed premises,
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,
may 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.
SECTION 1. SEC. 2. Section 23396.5
of the Business and Professions Code is amended to read:
23396.5. Notwithstanding any other law, any on-sale licensee that
maintains a bona fide eating place in conjunction with such license,
any on-sale beer and wine public premises licensee, or any
winegrower that is exercising a privilege pursuant to Section 23358
or 23390 may allow any person who has purchased and partially
consumed a bottle of wine to remove the partially consumed bottle
from the premises upon departure.
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.