BILL NUMBER: AB 573	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 15, 2012
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 16, 2011

   An act to amend  Section 23661.6   Sections
25504.5 and 25511  of the Business and Professions Code,
relating to alcoholic beverages.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 573, as amended, Chesbro. Alcoholic beverages:  wine
exports and returns.   tied-house restrictions. 

   The Alcoholic Beverage Control Act contains limitations on sales
commonly known as "tied-house" restrictions, which generally prohibit
a manufacturer, winegrower, manufacturer's agent, California
winegrower's agent, rectifier, distiller, bottler, importer, or
wholesaler from furnishing, giving, or lending any money or other
thing of value to any person engaged in operating, owning, or
maintaining any off-sale licensed premises. Existing law exempts from
specified tied-house restrictions the occasional inspection and
cleaning by beer manufacturers and wholesalers of beer taps and
tapping equipment, as provided. Existing law also permits a beer
manufacturer or beer wholesaler to furnish, give, rent, lend, or
sell, any equipment, fixtures, or supplies, other than alcoholic
beverages, to a retailer whose equipment, fixtures, or supplies were
lost or damaged as a result of a natural disaster, as provided. 

   This bill would expand these exemptions from tied-house
restrictions to include all alcoholic beverage manufacturers and
wholesalers.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 25504.5 of the  
Business and Professions Code   is amended to read: 
   25504.5.  The provisions of Sections 25500 to 25503, inclusive,
and of Section 25600 do not apply to the occasional inspection and
cleaning by  beer  manufacturers and wholesalers of
 beer  taps and tapping equipment installed in
retail on-sale premises. 
   This section does not constitute a change in, but is declaratory
of, the pre-existing law. 
   SEC. 2.    Section 25511 of the   Business
and Professions Code   is amended to read: 
   25511.  Notwithstanding any other provision of this division, a
 beer  manufacturer or  beer 
wholesaler, or any officer, director, or agent of any of those
persons may furnish, give, rent, lend, or sell, directly or
indirectly, any equipment, fixtures, or supplies, other than
alcoholic beverages, to a retailer whose equipment, fixtures, or
supplies were lost or damaged as a result of a natural disaster and
whose premises are located in an area proclaimed to be in a state of
disaster by the Governor.
   This section does not apply to transactions that occur three
months or more after the Governor proclaims an area to be in a state
of disaster.
   Nothing in this section is intended to affect or otherwise limit
Section 23104.1, 23104.2, or 23104.3. 
  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
to another state, may subsequently return to his or her licensed
premises in this state all or any portion of 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.
   (b) The provisions of Section 32175 of the Revenue and Taxation
Code shall apply to any wine so returned.