BILL NUMBER: AB 517 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2012
INTRODUCED BY Assembly Member Hall
FEBRUARY 15, 2011
An act to amend Section 23104.2 of the Business and
Professions Code, relating to alcoholic beverages. An
act to add Section 12012.56 to the Government Code, relating to
tribal gaming, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 517, as amended, Hall. Alcoholic beverage control:
licensees: returns. Tribal gaming: compact
ratification.
Existing federal law, the Indian Gaming Regulatory Act of 1988,
provides for the negotiation and execution of tribal-state gaming
compacts for the purpose of authorizing certain types of gaming on
Indian lands within a state. The California Constitution authorizes
the Governor to negotiate and conclude compacts, subject to
ratification by the Legislature. Existing law expressly ratifies a
number of tribal-state gaming compacts, and amendments of
tribal-state gaming compacts, between the State of California and
specified Indian tribes.
The California Environmental Quality Act (CEQA) requires a lead
agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect.
This bill would ratify the tribal-state gaming compact entered
into between the State of California and the Federated Indians of
Graton Rancheria, executed on March 27, 2012. The bill would provide
that, in deference to tribal sovereignty, certain actions may not be
deemed projects for purposes of CEQA. By imposing additional duties
on a lead agency with regard to the implementation of CEQA
requirements, this bill would increase the service provided by a
local agency, thereby creating 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.
This bill would declare that it is to take effect immediately as
an urgency statute.
Under the Alcoholic Beverage Control Act, a wholesaler or
manufacturer may accept the return of beer from a retailer only if
the beer is returned in exchange for the identical quantity and brand
of beer. Existing law provides for exceptions, including permitting
a wholesaler or manufacturer to accept the return of beer from a
seasonal or temporary licensee or an annual licensee operating on a
temporary basis, as specified.
This bill would allow for an additional exception to allow a
wholesaler or manufacturer to accept the return of unsold and
unopened beer from an organization that obtained a specified
temporary license, as provided.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12012.56 is added to the
Government Code , to read:
12012.56. (a) The tribal-state gaming compact entered into in
accordance with the federal Indian Gaming Regulatory Act of 1988 (18
U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.)
between the State of California and the Federated Indians of Graton
Rancheria, executed on March 27, 2012, is hereby ratified.
(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
(A) The execution of an amendment to the tribal-state gaming
compact ratified by this section.
(B) The execution of the tribal-state gaming compact ratified by
this section.
(C) The execution of an intergovernmental agreement between a
tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the tribal-state
gaming compact ratified by this section.
(D) The execution of an intergovernmental agreement between a
tribe and the Department of Transportation negotiated pursuant to the
express authority of, or as expressly referenced in, the
tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the
tribal-state gaming compact ratified by this section.
(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.
(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city and
county, or the Department of Transportation, from the requirements of
the California Environmental Quality Act.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
SEC. 3. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to allow the revenues from this act to be eligible for
revenue sharing at the earliest possible time to address some of the
state's pressing budget issues, it is necessary that this act take
effect immediately.
SECTION 1. Section 23104.2 of the Business and
Professions Code is amended to read:
23104.2. (a) Subject to the exceptions specified in subdivision
(b), a retail licensee may return beer to the wholesaler or
manufacturer from whom the retail licensee purchased the beer, or any
successor thereto, and the wholesaler, manufacturer, or successor
thereto may accept that return if the beer is returned in exchange
for the identical quantity and brand of beer. No wholesaler or
manufacturer, or any successor thereto, shall accept the return of
any beer from a retail licensee except when the beer delivered was
not the brand or size container ordered by the retail licensee or the
amount delivered was other than the amount ordered, in which case
the order may be corrected by the wholesaler or manufacturer who sold
the beer, or any successor thereto. If a package had been broken or
otherwise damaged prior to or at the time of actual delivery, a
credit memorandum may be issued for the returned package by the
wholesaler or manufacturer who sold the beer, or any successor
thereto, in lieu of exchange for an identical package when the return
and corrections are completed within 15 days from the date the beer
was delivered to the retail licensee.
(b) Notwithstanding subdivision (a), a wholesaler or manufacturer,
or any successor thereto, may accept the return of beer purchased
from that wholesaler, manufacturer, or successor thereto, as follows:
(1) (A) From a seasonal or temporary licensee if at the
termination of the period of the license the seasonal or temporary
licensee has beer remaining unsold, or from an annual licensee
operating on a temporary basis if at the termination of the temporary
period the annual licensee has beer remaining unsold.
(B) For purposes of subparagraph (A), an annual licensee shall be
considered to be operating on a temporary basis if he or she operates
at seasonal resorts, including summer and winter resorts, or at
sporting or entertainment facilities, including racetracks, arenas,
concert halls, and convention centers. Temporary status shall be
deemed terminated when operations cease for 15 days or more. No
wholesaler or manufacturer, or successor thereto, shall accept the
return of beer from an annual licensee considered to be operating on
a temporary basis unless the licensee notifies that wholesaler or
manufacturer, or successor thereto, within 15 days of the date the
licensee's operations ceased.
(2) (A) Subject to subparagraph (B), a wholesaler or manufacturer,
or any successor thereto, may, with department approval, accept the
return of a brand of beer discontinued in a California market area or
a seasonal brand of beer from a retail licensee, provided that the
beer is exchanged for a quantity of beer of a brand produced or sold
by the same manufacturer with a value no greater than the original
sales price to the retail licensee of the returned beer. For purposes
of this subparagraph, "seasonal brand of beer" means a brand of
beer, as defined in Section 23006, that is brewed by a manufacturer
to commemorate a specific holiday season and is so identified by
appropriate product packaging and labeling.
(B) A discontinued brand of beer shall not be reintroduced for a
period of 12 months in the same California market area in which a
return and exchange of that beer as described in subparagraph (A) has
taken place. A seasonal brand of beer shall not be reintroduced for
a period of six months in the same California market area in which a
return and exchange of that beer as described in subparagraph (A) has
taken place.
(c) Notwithstanding subdivision (a), a wholesaler or manufacturer,
or any successor thereto, may accept the return of beer purchased
from that wholesaler or manufacturer, or any successor thereto, by
the holder of a retail license following the revocation of,
suspension of, voluntary surrender of, or failure to renew the retail
license.
(d) A wholesaler or manufacturer, or any successor thereto, may
credit the account of the retailer identified in subdivision (c) in
an amount not to exceed the original sales price to the retailer of
the returned beer, provided that the beer has been paid for in full.
(e) Notwithstanding the 15-day time limit for the return of beer
described in subdivision (a), beer that is recalled for health or
safety issues may be accepted for return at anytime from a retailer
and be picked up by the seller of beer. The seller of beer may
exchange the returned beer for identical product, if safe inventory
is available, issue a deferred exchange memorandum showing the beer
was picked up and is to be replaced when inventory is available, or
issue a credit memorandum to the retailer for the returned beer.
(f) Notwithstanding subdivision (a), a wholesaler or manufacturer
may accept the return of unsold and unopened beer purchased from that
wholesaler or manufacturer by a organization that obtained a
temporary license pursuant to Section 24045 or 24045.1. The licensee
may credit the account of the organization in an amount not to exceed
the original sales prices of the returned beer, provided that the
beer was paid for in full.