BILL NUMBER: AB 573 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 16, 2011
An act to amend Section 25503.7 23661.6
of the Business and Professions Code, relating to alcoholic
beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 573, as amended, Chesbro. Alcoholic beverages:
tied-house restrictions. wine exports and returns.
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 permits a licensed winegrower, who in the course of
business exports wine from California to another state, to
subsequently return to his or her licensed premises all or any
portion of that wine in private vehicles owned or under the control
of the winegrower, subject to certain tax provisions.
This bill would also allow for the return of wine exported out of
state, to be returned in the same manner by a holder of a beer and
wine wholesaler's license and an off-sale retail license that sells
only wine. The bill would additionally make technical, nonsubstantive
changes to those provisions.
Existing provisions of the Alcoholic Beverage Control Act, known
as "tied-house" restrictions, generally prohibit manufacturers,
winegrowers, bottlers, importers, wholesalers, and others from
performing certain activities, with specified exceptions. Existing
law allows any winegrower, beer manufacturer, or beer and wine
wholesaler to serve food and alcoholic beverages to any person,
including an alcoholic beverage licensee and his or her employees and
representatives, who is attending a meeting held upon or who is
visiting the premises of the winegrower or beer manufacturer.
This bill would make technical, nonsubstantive changes to this
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23661.6 of the
Business and Professions Code is amended to read:
23661.6. (a) A licensed winegrower ,
or a holder of a beer and wine wholesaler' s license and
an off-sale retail license that sells only wine, who in the
course of business exports wine from this State
state to another state, may subsequently return to his
or her licensed premises in this State
state all or any portion of such
that wine in private vehicles owned or under the control of the
winegrower , or a holder of beer and wine wholesaler'
s license and an off-sale retail license that sells only wine
. Any wine so returned shall be subject to the
provisions of Section 32175 of the Revenue and Taxation Code.
(b) The provisions of Section 32175 of the Revenue and Taxation
Code shall apply to any wine so returned.
SECTION 1. Section 25503.7 of the Business and
Professions Code is amended to read:
25503.7. A winegrower, beer manufacturer, or beer and wine
wholesaler may serve food and alcoholic beverages to any person,
including a person licensed under this division and his or her
employees and representatives, who is attending a meeting held upon
or who is visiting the premises of the winegrower, the beer
manufacturer, or the beer and wine wholesaler.