BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1470
                                                                  Page  1

          Date of Hearing:   May 13, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    AB 1470 (Evans) - As Amended:  April 23, 2009 

          Policy Committee:                              Governmental  
          Organization Vote:                            16 - 0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill allows a patron to remove a partially consumed bottle  
          of wine from a licensed on-sale beer and wine premises upon  
          departure, regardless of whether or not that on-sale licensee  
          maintains restaurant.

           FISCAL EFFECT  

          Any costs associated with this legislation would be minor and  
          absorbable within the Department of Alcoholic Beverage Control's  
          existing resources.

           COMMENTS  

           1)Rationale  . According to the author, this bill fills a gap in  
            current law in order to promote responsible consumption of  
            alcohol by wine bar patrons.  Under current law, partially  
            consumed wine bottles can be removed from an on-sale licensed  
            premise, only if it also contains a restaurant or if the  
            licensee is a winegrower.  In essence, a restaurant or winery  
            customer could purchase a bottle of wine, elect to drink some  
            of the contents, and then put the cork back in to take the  
            bottle home to drink later.  This bill extends this same take  
            home privilege to wine bar customers.  

           2)Related Legislation  . AB 2004 (Evans; Chapter 127, Statutes of  
            2008) authorizes a licensed winegrower to sell wine to  
            consumers for on-premises consumption, as specified. In  
            addition, it allows any person who has purchased and partially  
            consumed a bottle of wine from the wine grower to remove such  
            partially consumed bottles from the premises upon departure,  








                                                                  AB 1470
                                                                  Page  2

            as specified.


           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081