BILL NUMBER: SB 806	CHAPTERED
	BILL TEXT

	CHAPTER  276
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2010
	PASSED THE SENATE  AUGUST 25, 2010
	PASSED THE ASSEMBLY  AUGUST 23, 2010
	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 Sections 23661.7 and 25238 of the Business and
Professions Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 806, 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 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.


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
that wine within this state for delivery or use without the state,
and has removed that wine from the state, may return all or any
portion of 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 a return the purchaser need not obtain any license
in this state, and may return the wine in a vehicle owned or
controlled by the purchaser.
   (b) The provisions of Section 32175 of the Revenue and Taxation
Code shall apply to any wine so returned.
  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.