BILL ANALYSIS
AB 1470
Page 1
ASSEMBLY THIRD READING
AB 1470 (Evans)
As Amended April 23, 2009
Majority vote
GOVERNMENTAL ORGANIZATION 16-0 APPROPRIATIONS 16-0
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|Ayes:|Price, Anderson, Chesbro, |Ayes:|De Leon, Nielsen, |
| |Cook, De Leon, Evans, | |Ammiano, |
| |Galgiani, Hall, Hill, | |Charles Calderon, Davis, |
| |Lieu, Mendoza, Nestande, | |Duvall, Krekorian, Hall, |
| |Portantino, Torres, | |Harkey, Miller, |
| |Torrico, Tran | |John A. Perez, Price, |
| | | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Allows a patron to remove a partially consumed wine
bottle from a licensed on-sale beer and wine premise upon
departure. Specifically, this bill authorizes an on-sale beer
and wine public premises licensee 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.
EXISTING LAW :
1)Establishes Department of Alcoholic Beverage Control (ABC) and
grants it exclusive authority to administer the provisions of
the Alcoholic Beverage Control Act (Act) in accordance with
laws enacted by the Legislature. Provides that ABC shall
license individuals and businesses associated with the
manufacture, importation and sale of alcoholic beverages in
this state.
2)Provides any on-sale licensee, which maintains a bona fide
eating place in conjunction with such license, or any
winegrower that is exercising a privilege, as defined, may
allow any person who has purchased and partially consumed a
bottle of wine to remove such partially consumed bottle from
the premises upon departure.
AB 1470
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3)Provides any winegrower that is exercising a privilege, as
defined, may allow any person who has purchased and partially
consumed a bottle of wine to remove such partially consumed
bottle from the premises upon departure, as specified.
4)Defines an "on-sale" license as authorizing the sale of all
types of alcoholic beverages namely,: beer, wine and
distilled spirits, for consumption on the premises (such as at
a restaurant or bar). An "off-sale" license authorizes the
sale of all types of alcoholic beverages for consumption off
the premises in original, sealed containers.
5)Defines "bona fide public eating place," as licensed premises
that are maintained in good faith and used for the regular
service of meals to patrons. The premises must have suitable
kitchen facilities and supply an assortment of foods commonly
ordered at various hours of the day.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, any costs associated with this legislation would be
minor and absorbable within ABC's existing resources.
COMMENTS : According to the author, AB 1470 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, which is a bona fide eating-place. 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.
The author states that because of current law, wine bar patrons
might feel pressured to finish a bottle of wine - especially an
expensive bottle - because they would not want to waste it by
leaving an unfinished amount only to be thrown away. By
extending the "brown bag" privilege to wine bar patrons, this
bill would not only give a consumer options but will also
benefit public safety and promote temperance.
In support of this measure, the Wine Institute (WI) states in
recent years, Type 42 wine bars have sprung up in many urban
settings. WI believes that wine bar patrons should additionally
be afforded the option to "brown bag" an unfinished bottle of
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wine.
The ABC reports that there are approximately 1,400 beer and wine
public premise licenses (Type 42) in the state. A large number
of these licenses are operating as specialty wine shops and/or
wine bars.
Prior 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, provides any winegrower that is exercising a
privilege, as defined, may allow any person who has purchased
and partially consumed a bottle of wine to remove such partially
consumed bottle from the premises upon departure, as
specified.
SB 113 (Thompson), Chapter 238, Statutes of 1993, permits a
licensed winegrower (a winery) to sell wine and brandy to
consumers for consumption off the premises or for consumption at
a restaurant located at the winery or immediately contiguous to
it. A winegrower must produce on the licensed premises not less
than 50% of the wines sold to consumers.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0000924