BILL NUMBER: AB 2134	CHAPTERED
	BILL TEXT

	CHAPTER  149
	FILED WITH SECRETARY OF STATE  AUGUST 17, 2010
	APPROVED BY GOVERNOR  AUGUST 17, 2010
	PASSED THE SENATE  AUGUST 2, 2010
	PASSED THE ASSEMBLY  MAY 6, 2010
	AMENDED IN ASSEMBLY  APRIL 19, 2010
	AMENDED IN ASSEMBLY  MARCH 25, 2010

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, 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 a licensed beer manufacturer
and a holder 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 an on-sale retail licensee'
s premises featuring beer, 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.


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 licensed 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 instruct consumers at an
on-sale retail licensed premises authorized to sell its product with
the permission of the on-sale retail licensee. The instruction may
include serving beer sold by the on-sale retail licensee to the
consumer and providing information on the history, nature, values,
and characteristics of the beer, and methods of presenting and
serving the beer. Orders for the sale of beer may be accepted by the
beer manufacturer conducting an instructional event if the sales
transaction is completed at the beer manufacturer's licensed
premises.
   (b) A person authorized by subdivision (a), in advance of an
authorized instructional event, may list in an advertisement the name
and address of the on-sale retail licensee, 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,
subject to the following limitations:
   (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) An on-sale retail licensee's advertisement of an authorized
instructional event may include the name, address, and brand names of
the person authorized by subdivision (a), however nothing in this
section allows that person to share in the costs of the on-sale
retail licensee's advertisement.
   (d) 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.
   (e) Notwithstanding any other provision of this division, no
alcoholic beverage may be given away in connection with the
instructional event authorized by this section.
  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.