BILL NUMBER: AB 2349	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 24, 2012

   An act to amend Section 25500.2 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2349, as introduced, Nestande. Alcoholic beverages: tied-house
restrictions: advertising.
   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. For purposes of these
provisions, the listing of the names, addresses, telephone numbers or
e-mail addresses, or both, or Internet Web site addresses, of 2 or
more unaffiliated on-sale retailers selling beer, wine, or distilled
spirits, and operating and licensed as bona fide public eating places
selling the beer, wine, or distilled spirits produced, distributed,
or imported by a nonretail industry member in response to a direct
inquiry from a consumer, as specified, does not constitute a thing of
value or prohibited inducement to the listed on-sale retailer, if
specified conditions are met.
   This would revise the direct inquiry provisions to remove the
requirement that the unaffiliated on-sale retailer operates and is
licensed as a bona fide public eating place.
   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 25500.2 of the Business and Professions Code is
amended to read:
   25500.2.  (a) Notwithstanding Section 25500, the listing of the
names, addresses, telephone numbers, e-mail addresses, or Internet
Web site addresses, of two or more unaffiliated on-sale retailers
selling beer, wine, or distilled spirits  , and operating and
licensed as bona fide public eating places pursuant to Section 23038
selling the beer, wine, or distilled spirits  produced,
distributed, or imported by a nonretail industry member in response
to a direct inquiry from a consumer received by telephone, by mail,
by electronic inquiry, or in person does not constitute a thing of
value or prohibited inducement to the listed on-sale retailer,
provided all of the following conditions are met:
   (1) The listing does not also contain the retail price of the
product.
   (2) The listing is the only reference to the on-sale retailers in
the direct communication.
   (3) The listing does not refer only to one on-sale retailer or
only to on-sale retail establishments controlled directly or
indirectly by the same on-sale retailer.
   (4) The listing is made by, or produced by, or paid for,
exclusively by the nonretail industry member making the response.
   (b) For the purposes of this section, "nonretail industry member"
is defined as a manufacturer, including, but not limited to, a beer
manufacturer, winegrower, or distiller of alcoholic beverages or an
agent of that entity, or a wholesaler, regardless of any other
licenses held directly or indirectly by that person.