BILL NUMBER: AB 2184	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 23, 2012
	PASSED THE ASSEMBLY  AUGUST 29, 2012
	AMENDED IN SENATE  AUGUST 9, 2012
	AMENDED IN SENATE  JUNE 20, 2012

INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 23, 2012

   An act to add and repeal Section 25502.2 of the Business and
Professions Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2184, Hall. Alcoholic beverages: tied-house restrictions.
   Existing law, known as tied-house restrictions, prohibits
specified licensees from furnishing, giving, or lending money or
other thing of value, directly or indirectly, to a person engaged in
operating, owning, or maintaining an off-sale licensed premises.
   This bill would authorize, until January 1, 2015, the appearance
of a person employed or engaged by an authorized licensee at a
promotional event held at the premises of an off-sale retail licensee
for the purposes of providing autographs, subject to specified
conditions.
   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.


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

  SECTION 1.  Section 25502.2 is added to the Business and
Professions Code, to read:
   25502.2.  (a) A person employed or engaged by an authorized
licensee may appear at a promotional event at the premises of an
off-sale retail licensee for the purposes of providing autographs to
consumers at the promotional event only under the following
conditions:
   (1) A purchase from the off-sale retail licensee is not required.
   (2) A fee is not charged to attend the promotional event.
   (3) Autographing may only be provided on consumer advertising
specialities given by the authorized licensee to a consumer or on any
item provided by the consumer.
   (4) The promotional event does not exceed four hours in duration.
   (5) There are no more than two promotional events per calendar
year involving the same authorized licensee at a single premises of
an off-sale retail licensee.
   (6) The off-sale retail licensee may advertise the promotional
event to be held at its licensed premises.
   (7) An authorized licensee may advertise in advance of the
promotional event only in publications of the authorized licensee,
subject to the following conditions:
   (A) The advertising only lists the name and address of the
off-sale retail licensee, the name of the alcoholic beverage product
being featured at the promotional event, and the time, date, and
location of the off-sale retail licensee location where the
promotional event is being held.
   (B) The listing of the off-sale retail licensee's name and address
is the only reference to the off-sale retail licensee in the
advertisement and is relatively inconspicuous in relation to the
advertisement as a whole, and the advertisement does not contain any
pictures or illustrations of the off-sale retail licensee's premises
or laudatory references to the off-sale retail licensee.
   (8) A wholesaler does not directly or indirectly underwrite, share
in, or contribute to any costs related to the promotional event,
except that a beer and wine wholesaler that holds at least six
distilled spirits wholesaler licenses may directly or indirectly
underwrite, share in, or contribute to any costs related to a
promotional event for which the wholesaler employs or engages the
person providing autographs to consumers at the promotional event.
   (9) The authorized licensee notifies the department in writing of
the promotional event at least 30 days in advance of the promotional
event.
   (10) The authorized licensee maintains records necessary to
establish its compliance with this section.
   (b) For purposes of this section, "authorized licensee" means a
manufacturer, winegrower, manufacturer's agent, California winegrower'
s agent, rectifier, importer, brandy manufacturer, brandy importer,
or wholesaler.
   (c) This section shall remain in effect only until January 1,
2016.
  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.