BILL NUMBER: AB 2134	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 18, 2010

   An act to add Section 25503.45 to the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2134, as introduced, Chesbro. Alcoholic beverage control:
tied-house restrictions: instructional events: beer.
   The Alcoholic Beverage Control Act authorizes any person holding a
manufacturer's agent's, rectifier's, importer's, or wholesaler's
license to give away samples of the alcoholic beverages that are
authorized to be sold under that license. Existing law provides that
a retail license does not authorize the furnishing or giving away of
any free samples of alcoholic beverages. Existing law permits beer
manufacturers, holders of a beer and wine importer's general license,
and licensed beer and wine wholesalers to instruct consumers
regarding beer, respectively.
   This bill would additionally allow beer manufacturers and holder's
of a beer and wine importer's general license, or any director,
partner, officer, agent, or representative of that person, to conduct
an instructional event held at a retailer's premises featuring beer
produced by or for the beer manufacturer or imported by the licensed
beer and wine importer, subject to specified conditions.
   The Alcoholic Beverage Control Act provides that a violation of
any of its provisions for which another penalty or punishment is not
specifically provided is a misdemeanor. This bill, by including
provisions that, if violated, would result in a misdemeanor, would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25503.45 is added to the Business and
Professions Code, to read:
   25503.45.  (a) Notwithstanding any other provision of this
division, a beer manufacturer or a holder of beer and wine importer's
general license, or any director, partner, officer, agent, or
representative of that person, may conduct or participate in, and
serve beer at, an instructional event for consumers held at a
retailer's premises featuring beers produced by or for the beer
manufacturer or imported by the licensed beer and wine importer,
subject to the following conditions:
   (1) No premium, gift, free goods, or other thing of value may be
given away in connection with the instructional event by the beer
manufacturer or holder of a beer and wine importer's general license,
except as authorized by this division.
   (2) No alcoholic beverages may be given away in connection with
the instructional event except that beer, taken from growlers or from
tanks, may be sampled at the instructional event. For the purposes
of this section, minimal amounts of the samples provided for tasting
at the instructional event in addition to the beers being featured do
not constitute a thing of value.
   (3) No alcoholic beverages may be sold at the instructional event,
except that orders for the sale of beer may be accepted by the beer
manufacturer if the sales transaction is completed at the beer
manufacturer's premises.
   (4) For purposes of this section, a licensed beer and wine
wholesaler shall not be a representative of a beer manufacturer or a
holder of a beer and wine importer's general license.
   (b) Notwithstanding any other provision of this division, a beer
manufacturer or a holder of a beer and wine importer's general
license, in advance of an instructional event for consumers being
held at a retailer's premises, may list in an advertisement the name
and address of the retailer, the names of the beers being featured at
the instructional event, and the time, date, and location of, and
other information about, the instructional event, provided:
   (1) The advertisement does not also contain the retail price of
the beers.
   (2) The listing of the retailer's name and address is the only
reference to the retailer in the advertisement and is relatively
inconspicuous in relation to the advertisement as a whole. Pictures
or illustrations of the retailer's premises and laudatory references
to the retailer in these advertisements are not hereby authorized.
   (c) Notwithstanding any other provision of this division, the name
and address of a beer manufacturer or a holder of a beer and wine
importer's general license, the brand names of beer being featured,
and the time, date, location, and other identifying information of a
beer promotional lecture at retail premises may be listed in advance
of the event in an advertisement of the off-sale or on-sale retail
licensee.
   (d) Nothing in this section authorizes a beer manufacturer or a
holder of a beer and wine importer's general license, or any
director, partner, officer, agent, or representative of that person,
to share in the costs, if any, of the retailer licensee's
advertisement.
   (e) Nothing in this section authorizes any person to consume any
alcoholic beverage on any premises licensed with an off-sale retail
license.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.