BILL NUMBER: SB 1022 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 15, 2010
INTRODUCED BY Senator Strickland
FEBRUARY 11, 2010
An act to amend Section 25503.9 of the Business and Professions
Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
SB 1022, as amended, Strickland. Alcoholic beverages: licensees:
donations.
The Alcoholic Beverage Control Act provides that nothing in that
law prohibits a winegrower or a beer and wine wholesaler
from giving or selling wine , a beer manufacturer from giving or
selling beer, a distilled spirits manufacturer or its agent from
giving or selling distilled spirits, or a licensed importer from
giving or selling beer, wine, or distilled spirits to certain
nonprofit organizations, as specified, at prices other than those
contained in schedules filed with the Department of Alcoholic
Beverage Control.
This bill would make a technical, nonsubstantive change
to this provision expand the prohibition exemption to
allow rectifiers to give or sell beer to certain nonprofit
organizations, as specified .
The Alcoholic Beverage Control Act provides that a violation of
its provisions is a misdemeanor, unless otherwise specified. This
bill, by changing the definition of an existing crime, imposes 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: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25503.9 of the Business and Professions Code is
amended to read:
25503.9. (a) Nothing in this division prohibits a winegrower or a
beer and wine wholesaler that also holds an off-sale beer and wine
retail license and only sells wine from giving or selling wine, a
beer manufacturer from giving or selling beer, a distilled spirits
manufacturer manufacturer, rectifier,
or a distilled spirits manufacturer's agent from giving or selling
distilled spirits, or an importer general licensee from giving or
selling beer, wine, or distilled spirits at prices other than those
contained in schedules filed with the department, to any of the
following:
(1) A nonprofit charitable corporation or association exempt from
payment of income taxes under the provisions of the Internal Revenue
Code of the United States and Chapter 4 (commencing with Section
23701) of Part 11 of Division 2 of the Revenue and Taxation Code.
(2) A nonprofit incorporated trade association that is exempt from
payment of income taxes under the provisions of the Internal Revenue
Code of the United States and Chapter 4 (commencing with Section
23701) of Part 11 of Division 2 of the Revenue and Taxation Code, and
the members of which trade association are licensed under this
division. However, the wine, beer, and distilled spirits shall be
used solely for a convention or meeting of the nonprofit incorporated
trade association.
(3) A nonprofit corporation or association that is exempt from
payment of income taxes under the provisions of the Internal Revenue
Code of the United States and is defined as a tax exempt organization
under Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g,
23701i, 23701k, 23701 l , 23701r, or 23701w of the Revenue
and Taxation Code. Wine, beer, and distilled spirits given or sold
by a winegrower, beer manufacturer, distilled spirits manufacturer,
distilled spirits manufacturer's agent, or importer general licensee
pursuant to this subdivision may be furnished only in connection with
public service or fundraising activities including picnics, parades,
fairs, amateur sporting events, agricultural exhibitions, or similar
events.
(b) Nothing in this division prohibits a winegrower or a beer and
wine wholesaler that also holds an off-sale beer and wine retail
license and only sells wine from giving or selling wine, a beer
manufacturer from giving or selling beer, a distilled spirits
manufacturer manufacturer, rectifier,
or a distilled spirits manufacturer's agent from giving or selling
distilled spirits, or a beer and wine wholesaler that also holds an
importer's license from giving or selling beer, wine, or distilled
spirits at prices other than those contained in schedules filed with
the department, to any of the following:
(1) A nonprofit charitable corporation or association exempt from
payment of income taxes under the provisions of the Internal Revenue
Code of the United States and Chapter 4 (commencing with Section
23701) of Part 11 of Division 2 of the Revenue and Taxation Code.
(2) A nonprofit incorporated trade association that is exempt from
payment of income taxes under the provisions of the Internal Revenue
Code of the United States and Chapter 4 (commencing with Section
23701) of Part 11 of Division 2 of the Revenue and Taxation Code, and
the members of which trade association are licensed under this
division. However, the wine, beer, and distilled spirits shall be
used solely for a convention or meeting of the nonprofit incorporated
trade association.
(3) A nonprofit corporation or association that is exempt from
payment of income taxes under the provisions of the Internal Revenue
Code of the United States and is defined as a tax exempt organization
under Section 23701a, 23701d, 23701e, 23701f, or 23701r of the
Revenue and Taxation Code. Wine, beer, and distilled spirits given or
sold by a winegrower, beer manufacturer, distilled spirits
manufacturer, distilled spirits manufacturer's agent, or licensed
importer pursuant to this subdivision may be furnished only in
connection with public service or fundraising activities including
picnics, parades, fairs, amateur sporting events, agricultural
exhibitions, or similar events.
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.
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