BILL NUMBER: SB 806	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 25, 2010
	AMENDED IN SENATE  JANUARY 4, 2010
	AMENDED IN SENATE  APRIL 29, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Wiggins
   (Coauthor: Senator Padilla)

                        FEBRUARY 27, 2009

   An act to amend Section  25500.1   25238
 of the Business and Professions Code, relating to alcoholic
beverages.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 806, as amended, Wiggins. Alcoholic beverages: 
tied-house restrictions.   winegrowers and bottlers:
records.  
   The Alcoholic Beverage Control Act, administered by the Department
of Alcoholic Beverage Control, regulates the sale and distribution
of alcoholic beverages and the granting of licenses for the
manufacture, distribution, and sale of alcoholic beverages within the
state. The act also provides for specified recordkeeping
requirements for winegrowers and bottlers of wine within specified
counties.  
   This bill would make technical, nonsubstantive amendments to this
requirement.  
   The Alcoholic Beverage Control Act contains limitations on sales
commonly known as "tied-house" restrictions, which generally prohibit
a manufacturer, winegrower, manufacturer's agent, California
winegrower's agent, rectifier, distiller, bottler, importer, or
wholesaler from furnishing, giving, or lending any money or other
thing of value to any person engaged in operating, owning, or
maintaining any off-sale licensed premises. Existing law provides
that, for purposes of these provisions, the listing of the names,
addresses, telephone numbers or e-mail addresses, or both, or
Internet Web site addresses, of two or more unaffiliated on-sale
retailers selling wine or brandy, or both, and operating and licensed
as bona fide public eating places selling the wine or brandy
produced, distributed or imported by a nonretail industry member in
response to a direct inquiry from a consumer received by telephone,
by mail, by electronic Internet inquiry or in person does not
constitute a thing of value or prohibited inducement to the listed
on-sale retailer, if specified conditions are met.  

   This bill would revise the direct inquiry provisions to include
any electronic inquiries from consumers. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 25238 of the  
Business and Professions Code   is amended to read: 
   25238.  Every  wine grower   winegrower 
or bottler of wine of any kind within the counties specified in
Section 25236 shall keep a record of all wine not produced by him
 or her  and obtained and used by him  or her  for
any purpose. The record shall show the date the wine is obtained, the
amount thereof, the source from which obtained, the kind or type of
wine, and, in detail, the purpose or purposes for which it is used.
Each  wine grower   winegrower  or bottler
of wine shall keep a complete record showing the total amount of wine
produced by him  or her  , or bottled by him  or her
, made entirely from grapes grown within the counties mentioned
in Section 25236. 
  SECTION 1.    Section 25500.1 of the Business and
Professions Code is amended to read:
   25500.1.  (a) Notwithstanding Section 25500, the listing of the
names, addresses, telephone numbers, e-mail addresses, or Internet
Web site addresses, of two or more unaffiliated on-sale retailers
selling wine, brandy, or both wine and brandy and operating and
licensed as bona fide public eating places pursuant to Section 23038
selling the wine, brandy, or both wine and brandy produced,
distributed, imported, or both distributed and imported by a
nonretail industry member in response to a direct inquiry from a
consumer received by telephone, by mail, by electronic inquiry or in
person does not constitute a thing of value or prohibited inducement
to the listed on-sale retailer, provided:
   (1) The listing does not also contain the retail price of the
product, and
   (2) The listing is the only reference to the on-sale retailers in
the direct communication, and
   (3) The listing does not refer only to one on-sale retailer or
only to on-sale retail establishments controlled directly or
indirectly by the same on-sale retailer, and
   (4) The listing is made by, produced by, or paid for, or any
combination thereof, exclusively by the nonretail industry member
making the response.
   (b) For the purposes of this section, "nonretail industry member"
is defined as a manufacturer, winegrower, distiller of wine, brandy,
or both, regardless of any other licenses held directly or indirectly
by such person. Except as specifically provided above, any payment
for, making or production, either directly or indirectly, listing the
names, addresses, telephone numbers, e-mail addresses, or Internet
Web site addresses, of on-sale retailers otherwise authorized by this
section by a wholesaler or by a wholesaler that also holds an
importer's license shall constitute the furnishing of a thing of
value or inducement to the listed on-sale retailers in violation of
this division.