BILL NUMBER: AB 623	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 24, 2011

INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 16, 2011

   An act to  amend Sections 23661.7, 24045.18, and 25503.9 of,
and to  add Section 23393.5 to  ,  the Business and
Professions Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 623, as amended, Williams. Alcoholic beverage licensees:
limited off-sale retail wine license.
   The Alcoholic Beverage Control Act contains various provisions
regulating the application for, the issuance of, the suspension of,
and the conditions imposed upon, alcoholic beverage licenses by the
Department of Alcoholic Beverage Control. Existing law provides for
various annual fees for the issuance of alcoholic beverage licenses
depending upon the type of license issued. The Alcoholic Beverage
Control Act provides that a violation of its provisions is a
misdemeanor, unless otherwise specified.
   This bill would authorize the department to issue a limited
off-sale retail wine license that would allow the licenseholder to
sell wine if certain conditions are met  and would grant
specified privileges to the licenseholder, as provided  . The
bill would impose an original fee and an annual renewal fee for the
license, which would be deposited in the Alcohol Beverage Control
Fund. Because the violation of a provision of the license is
punishable as a misdemeanor, the bill expands the definition of an
existing crime, 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 23393.5 is added to the Business and
Professions Code, to read:
   23393.5.  (a) The department may issue a limited off-sale retail
wine license which authorizes the sale of wine by the licensee if all
of the following conditions are met:
   (1) Sales are restricted to those solicited and accepted via
direct mail, telephone, or the Internet.
   (2) Sales are not conducted from a retail premises open to the
public.
   (3) The licensee takes possession of and title to all alcoholic
beverages sold by the licensee.
   (4) All alcoholic beverages sold by the licensee are delivered to
the purchaser from the licensee's licensed premises or from a
licensed  public  warehouse.
   (b) The licensee shall comply with Section 23985, but is exempted
from Sections 23985.5 and 23986.
   (c) The department may impose reasonable conditions upon the
licensee as may be needed in the interest of public health, safety,
and welfare.
   (d) The application for the license shall be accompanied by an
original fee in an amount equivalent to that of an original off-sale
beer and wine license pursuant to Section 23954.5. The annual fee for
the license shall be an amount equivalent to that of a retail
package off-sale beer and wine license pursuant to Section 23320. All
moneys collected from the fees shall be deposited in the Alcoholic
Beverage Control Fund, pursuant to Section 25761.
   SEC. 2.    Section 23661.7 of the   Business
and Professions Code   is amended to read: 
   23661.7.  (a) A person who has purchased wine from a licensed
winegrower  or a   , the  holder of a beer
and wine wholesaler's license and an off-sale retail license that
only sells wine,  or the holder of a limited off-sale retail wine
license,  has taken delivery of that wine within this state for
delivery or use without the state, and has removed that wine from
the state, may return all or any portion of that wine to the 
licensed premises of the winegrower or holder of a beer and wine
wholesaler's license and an off-sale retail license that only sells
wine in this state   premises of the licensee  from
whom the wine was purchased. To make a return the purchaser need not
obtain any license in this state, and may return the wine in a
vehicle owned or controlled by the purchaser.
   (b) The provisions of Section 32175 of the Revenue and Taxation
Code shall apply to any wine so returned.
   SEC. 3.    Section 24045.18 of the  
Business and Professions Code   is amended to read: 
   24045.18.  Notwithstanding any other provision of this division, a
beer and wine wholesaler that also holds an off-sale beer and wine
retail license and only sells wine  or the holder of a limited
off-sale retail wine license  may assist a nonprofit
organization holding a temporary wine license in conducting a
winetasting. The privilege granted under this section for a beer and
wine wholesaler that also holds an off-sale beer and wine retail
license and only sells wine shall apply only to wine produced for the
donating licensee that is labeled with a brand owned exclusively by
the donating licensee and shall include in the tasting only wine
donated by the licensee to the event.
   SEC. 4.    Sect   ion 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  , or the   holder of a limited off-sale retail
wine license  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  , or
the   holder of a limited off-sale retail wine license 
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.   SEC. 5.   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.