BILL NUMBER: SB 806	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 22, 2010
	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   Sections 23661.7
and  25238 of the Business and Professions Code, relating to
alcoholic beverages.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 806, as amended, Wiggins. Alcoholic beverages:  wine
returns:  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   allows a person who has purchased wine from a
licensed winegrower and has taken the wine from the state, to return
that wine to the licensed premises of the winegrower from whom the
wine was purchased  . 
   This bill would also allow for the return of wine taken out of
state where the wine was purchased from a holder of a beer and wine
wholesaler's license and an off-sale retail license that only sells
wine.  
   The Alcoholic Beverage Control 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.
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 23661.7 of the  
Business and Professions Code   is amended to read: 
   23661.7.   (a)    A person who has purchased
wine from a licensed winegrower  or a holder of a beer and wine
wholesaler's license and an off-sale retail license that only sells
wine  , has taken delivery of  such   that
 wine within this state for delivery or use without the state,
and has removed  such   that  wine from the
state, may return all or any portion of  such  
that  wine to the licensed premises of the winegrower  or
holder of a beer and wine wholesaler's license and an off-sale retail
license that only sells wine  in this state from whom the wine
was purchased. To make  such   a  return
the purchaser need not obtain any license in this state, and may
return the wine in a vehicle owned or controlled by  such
  the  purchaser. 
   The 
    (b)     The  provisions of Section
32175 of the Revenue and Taxation code shall apply to any wine so
returned.
   SECTION 1.   SEC. 2.   Section 25238 of
the Business and Professions Code is amended to read:
   25238.  Every 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 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.