BILL NUMBER: SB 1101	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 23, 2010

INTRODUCED BY   Senator Wiggins

                        FEBRUARY 17, 2010

   An act to amend Section 25503.4 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1101, as amended, Wiggins. Alcoholic beverage control:
instructional events: wine.
   Existing law generally prohibits a manufacturer, winegrower,
manufacturer's agent, California winegrower's agent, rectifier,
distiller, bottler, importer, or wholesaler, or any officer,
director, agent, or representative of that person from, among other
things, providing a licensee alcoholic beverages as a free good as a
part of any sale or transaction involving alcoholic beverages, or
furnishing anything of value to a licensee for specified purposes.
However, existing law authorizes any winegrower, California
winegrower's agent, importer, or any director, partner, officer,
agent, or representative of that person, to conduct or participate in
an instructional event for consumers held at a retailer's premises
featuring wines produced by or for the winegrower or imported by the
importer, subject to certain specified conditions. Existing law
specifies that alcoholic beverages shall not be given away at these
instructional events, but wine may be sampled if it is taken from
barrels or tanks  in minimal amounts  .
   This bill would revise the sampling provision to additionally
allow for wine samples to be provided at the instructional event from
bottles  , specify how those wine bottles are removed, and would
clarify the allowable amount provided as samples  . 
   The Alcoholic Beverage Control Act provides that a violation of
any of its provisions for which another penalty or punishment is not
specifically provided is a misdemeanor. This bill would expand
existing crimes by imposing additional requirements on a licensee
under the act, thus, the bill would impose 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 25503.4 of the Business and Professions Code is
amended to read:
   25503.4.  (a) Notwithstanding any other provision of this
division, a winegrower, California winegrower's agent, wine importer,
or any director, partner, officer, agent, or representative of that
person, may conduct or participate in, and serve wine at, an
instructional event for consumers held at a retailer's premises
featuring wines produced by or for the winegrower or, imported by the
wine importer, subject to the following conditions:
   (1) No premium, gift, free goods, or other thing of value may be
given away in connection with the instructional event by the
winegrower, California winegrower's agent, wine importer, or
retailer, except as authorized by this division. 
   (2) No alcoholic beverages may be given away in connection with
the instructional event except that wine, taken from barrels, tanks,
or bottles, may be sampled at the instructional event. For the
purposes of this section, minimal amounts of the samples provided for
tasting at the instructional event in addition to the wines being
featured do not constitute a thing of value.  
   (2) No alcoholic beverages may be given away in connection with
the instructional event except that minimal amounts of wine, taken
from barrels or from tanks, may be supplied and provided as samples
at the instructional event. A person authorized by subdivision (a)
may also provide no more than three one-ounce tastes of wine per
consumer at the instructional event from bottles of wine provided by
the authorized person. For purposes of this section, minimal amounts
of the samples or tastes provided at the instructional event do not
constitute a thing of value. Following the instructional event, any
unused wine provided by the authorized person shall be removed from
the retailer's premises by the authorized person. 
   (3) No alcoholic beverages may be sold at the instructional event,
except that orders for the sale of wine may be accepted by the
winegrower if the sales transaction is completed at the winegrower's
premises.
   (b) Notwithstanding any other provision of this division, a
winegrower, California winegrower's agent, or wine importer, in
advance of an instructional event for consumers being held at a
retailer's premises, may list in an advertisement the name and
address of the retailer, the names of the wines being featured at the
instructional event, and the time, date, and location of, and other
information about, the instructional event, provided:
   (1) The advertisement does not also contain the retail price of
the wines.
   (2) The listing of the retailer's name and address is the only
reference to the retailer in the advertisement and is relatively
inconspicuous in relation to the advertisement as a whole. Pictures
or illustrations of the retailer's premises and laudatory references
to the retailer in these advertisements are not hereby authorized.
   (c) Notwithstanding any other provision of this division, the name
and address of a winegrower, wine importer, or winegrower's agent
licensee, the brand names of wine being featured, and the time, date,
location, and other identifying information of a wine promotional
lecture at retail premises may be listed in advance of the event in
an advertisement of the off-sale or on-sale retail licensee.
   (d) Nothing in this section authorizes a winegrower, wine
importer, or winegrower's agent licensee to share in the costs, if
any, of the retailer licensee's advertisement.
   (e) Nothing in this section authorizes any person to consume any
alcoholic beverage on any premises licensed with an off-sale retail
license.
   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.