BILL NUMBER: SB 1022	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MAY 3, 2010
	PASSED THE ASSEMBLY  AUGUST 12, 2010
	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, 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 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.



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, 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, 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.