BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1470|
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                                 THIRD READING


          Bill No:  AB 1470
          Author:   Evans (D)
          Amended:  8/19/09 in Senate
          Vote:     21

           
           SEN. GOVERNMENTAL ORGANIZATION. COMMITTEE :  11-0, 7/8/09
          AYES:  Wright, Harman, Benoit, Calderon, Denham, Florez,  
            Negrete McLeod, Padilla, Price, Wyland, Yee
          NO VOTE RECORDED:  Oropeza, Wiggins

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  7 8-0, 6/1/09 - See last page for vote


           SUBJECT  :    Alcoholic beverage licensees

           SOURCE  :     Author


           DIGEST  :    This bill 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.

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

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          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 Act.)

          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 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 foods on said premises and must comply with all  
          the regulations of the local department of health.

           Comments

           According to the author's office, this bill 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  
          o-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.

          Proponents of this bill note that in recent years Type 42  

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          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.  The 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.

           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 form the  
          licensed premises.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/18/09)

          Wine Institute
          Family Winemakers of California


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bill Berryhill,  
            Tom Berryhill, Blakeslee, Blumenfield, Brownley,  
            Buchanan, Caballero, Charles Calderon, Carter, Chesbro,  
            Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,  
            Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  

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            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,  
            Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,  
            Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel  
            Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,  
            Skinner, Smyth, Solorio, Audra Strickland, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
          NO VOTE RECORDED:  Beall, Block


          TSM:cm   8/19/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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