BILL NUMBER: AB 1649 CHAPTERED
BILL TEXT
CHAPTER 129
FILED WITH SECRETARY OF STATE AUGUST 13, 2010
APPROVED BY GOVERNOR AUGUST 13, 2010
PASSED THE SENATE AUGUST 2, 2010
PASSED THE ASSEMBLY MAY 3, 2010
AMENDED IN ASSEMBLY MARCH 15, 2010
INTRODUCED BY Assembly Member Chesbro
(Principal coauthor: Assembly Member Evans)
(Coauthor: Senator Wiggins)
JANUARY 13, 2010
An act to amend Sections 23015, 23358, 23358.2, and 23390.5 of the
Business and Professions Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 1649, Chesbro. Alcoholic beverage licensees: winegrowers.
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. Existing law authorizes a
licensed winegrower to conduct specified activities, including
authorizing a licensed winegrower to sell wine and brandy for
consumption to consumers for on-premises consumption.
This bill would expand the authorized activities that a licensed
winegrower may conduct to include the production of spirits of wine,
provided those spirits of wine are either blended into wine produced
by the winegrower, sold to an industrial alcohol dealer, or destroyed
by the winegrower. This bill would also make conforming changes with
regard to a licensed winegrower's authorization to sell wine and
brandy for consumption to consumers on the licensed premises.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23015 of the Business and Professions Code is
amended to read:
23015. "Distilled spirits manufacturer" means any person who
produces distilled spirits from naturally fermented materials or in
any other manner. "Distilled spirits manufacturer" shall not include
a winegrower that produces spirits of wine, provided the spirits of
wine are blended into wine produced by the winegrower, are sold to an
industrial alcohol dealer, or are destroyed by the winegrower.
SEC. 2. Section 23358 of the Business and Professions Code is
amended to read:
23358. (a) Licensed winegrowers, notwithstanding any other
provisions of this division, may also exercise the following
privileges:
(1) Sell wine and brandy to any person holding a license
authorizing the sale of wine or brandy.
(2) Sell wine and brandy to consumers for consumption off the
premises where sold.
(3) Sell wine to consumers for consumption on the premises.
(4) Sell all beers, wines, and brandies, regardless of source, to
consumers for consumption on the premises in a bona fide eating place
as defined in Section 23038 of this code, which is located on the
licensed premises or on premises owned by the licensee that are
contiguous to the licensed premises and which is operated by and for
the licensee. At such bona fide public eating place beer, wine, and
brandy may be used in the preparation of food and beverages to be
consumed on the premises.
(5) Produce spirits of wine and blend those spirits of wine into
wine produced by the winegrower or sell those spirits of wine to an
industrial alcohol dealer.
(b) A winegrower may also have upon the premises all beers, wines,
and brandies, regardless of source, for sale or service only to
guests during private events or private functions not open to the
general public. Alcoholic beverage products sold at the premises that
are not produced and bottled by, or produced and packaged for, the
winegrower shall be purchased by the winegrower only from a licensed
wholesaler.
(c) A winegrower shall actually produce on his or her licensed
premises by conversion of grapes, berries, or other fruit, into wine,
not less than 50 percent of all wines sold to consumers on his or
her licensed premise or premises and any licensed branch premise or
premises.
(d) The department may, if it shall determine for good cause that
the granting of any such privilege would be contrary to public
welfare or morals, deny the right to exercise any on-sale privilege
authorized by this section in either a bona fide eating place the
main entrance to which is within 200 feet of a school or church, or
on the licensed winery premises, or both.
(e) Nothing in this section or in Section 23390 is intended to
alter, diminish, replace, or eliminate the authority of a county,
city, or city and county from exercising land use regulatory
authority by law to the extent the authority may restrict, but not
eliminate, privileges afforded by these sections.
SEC. 3. Section 23358.2 of the Business and Professions Code is
amended to read:
23358.2. Notwithstanding any other provision of this division, a
winegrower or brandy manufacturer, at his licensed premises where the
sale of wine or brandy is authorized or permitted, when selling to
consumers, may sell only wine or brandy which is produced or bottled
by such licensee, or wine or brandy which is produced for or is
produced and packaged for such licensee, and which is sold under a
brand name owned by such licensee. The rights and privileges of a
winegrower or brandy manufacturer to be issued and to hold an
off-sale beer and wine license for any of his licensed premises, or
for other premises, shall not in any way be changed or affected, or
be construed to be changed or affected, by the provisions of this
section.
SEC. 4. Section 23390.5 of the Business and Professions Code is
amended to read:
23390.5. (a) As used in this section, "licensed branch office"
means any branch office or warehouse, or United States bonded wine
cellar located away from the licensed winegrower's or brandy
manufacturer's place of production, or manufacture, for which a
duplicate license has been issued.
(b) Notwithstanding the provisions of Section 23358, 23360, and
23390, no licensed winegrower or brandy manufacturer shall sell wine
or brandy to consumers or engage in winetasting activities at more
than one licensed branch premise. This section is not and shall not
be construed to be retroactive and notwithstanding any other
provisions of this division shall not prohibit such sales or limit
the quantity thereof or prohibit winetasting activities at any
licensed branch office or branch offices under the existing duplicate
license or licenses therefor in existence on January 1, 1966, or any
renewal or transfer thereof or at any licensed branch office opened
by the licensee in place of such licensed branch office.