BILL ANALYSIS                                                                                                                                                                                                    






                                                       Bill No:  AB  
          1470
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2009-2010 Regular Session
                                 Staff Analysis



          AB 1470  Author:  Evans
          As Amended:  April 23, 2009
          Hearing Date:  July 8, 2009
          Consultant:  Art Terzakis


                                     SUBJECT  
                         Alcoholic Beverages: licensees

                                   DESCRIPTION
           
          AB 1470 permits 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

           Existing law establishes the Department of Alcoholic  
          Beverage Control (ABC) and grants it exclusive authority to  
          administer the provisions of the ABC Act in accordance with  
          laws enacted by the Legislature.

          Existing law provides that any "on-sale" licensee, who  
          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.

          The words "On-Sale" on an alcoholic beverage license means  
          the license privilege is for alcoholic beverages sold on  
          the premises to be consumed on the premises. (On-sale  
          licenses also carry some off-sale privileges as specified  
          in the ABC Act.)





          AB 1470 (Evans) continued                                
          Page 2
          


          The words "Off-Sale" on an alcoholic beverage license means  
          the license privilege is for alcoholic beverages to be sold  
          in original, unopened packages for consumption off the  
          premises where sold.
           
          The ABC Act defines "bona fide public eating place" to mean  
          a place which is regularly and in a bona fide manner used  
          and kept open for the serving of meals to guests for  
          compensation and which has suitable kitchen facilities  
          connected therewith, containing conveniences for cooking an  
          assortment of foods which may be required for ordinary  
          meals, the kitchen of which must be kept in a sanitary  
          condition with the proper amount of refrigeration for  
          keeping of food on said premises and must comply with all  
          the regulations of the local department of health.

                                    BACKGROUND
           
           Purpose of AB 1470:   As noted above, current law allows  
          patrons to leave restaurants and wineries with partially  
          consumed bottles of wine.  

          According to the author's office, this measure is intended  
          to fill 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 measure would extend this same take home  
          privilege to wine bar customers.  

          Proponents of this measure note that in recent years Type  
          42 wine bars have sprung up in many urban settings and  
          believe that wine bar patrons should be afforded the option  
          to "brown bag" an unfinished bottle of wine.

          The ABC reports that there are approximately 1,400 on-sale  
          beer and wine public premise licenses (Type 42) in the  
          state.  A Type 42 license authorizes the sale of beer and  
          wine for consumption on or off the premises where sold.  No  
          distilled spirits may be on the premises.  A large number  
          of these licenses are operating as specialty wine shops  
          and/or wine bars.




          AB 1470 (Evans) continued                                
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                           PRIOR/RELATED LEGISLATION
           
           AB 2004 (Evans) Chapter 127, Statutes of 2008.   Authorized  
          licensed winegrowers to sell wine to consumers for  
          consumption on the premises.  Also, granted any winegrower  
          the same privilege that is currently available to any  
          on-sale licensee which maintains a restaurant, that permits  
          the licensee to allow a patron to remove from the premises  
          upon departure, a bottle of wine that has been opened  
          (partially consumed).

           SB 1262 (Beverly) Chapter 72, Statutes of 1980.   Permitted  
          a restaurant patron who has purchased and partially  
          consumed a bottle of wine to remove such bottle from the  
          licensed premises.

           SUPPORT:   As of July 3, 2009:

          Wine Institute
          Family Winemakers of California

           OPPOSE:  None on file as of July 3, 2009.

           FISCAL COMMITTEE:   Senate Appropriations Committee

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