BILL NUMBER: AB 2349	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 12, 2012

INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 24, 2012

   An act to amend  and renumber  Section 25500.2 of  ,
and to repeal Section 25500.1 of,  the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2349, as amended, 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,  or brandy  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  provide that the listing of names, addresses,
telephone numbers, or e-mail addresses in other forms of electronic
media do not constitute a thing of value and would  revise the
direct inquiry provisions to remove the requirement that the
unaffiliated on-sale retailer  operates  
operate  and  is   be  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 25500.1 of the  
Business and Professions Code   is repealed.  
   25500.1.  (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 wine, brandy, or both wine and brandy and operating and
licensed as bona fide public eating places pursuant to Section 23038
selling the wine, brandy, or both wine and brandy produced,
distributed, imported, or both distributed and 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:
   (1) The listing does not also contain the retail price of the
product, and
   (2) The listing is the only reference to the on-sale retailers in
the direct communication, and
   (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, and
   (4) The listing is made by, produced by, or paid for, or any
combination thereof, exclusively by the nonretail industry member
making the response.
   (b) For the purposes of this section, "nonretail industry member"
is defined as a manufacturer, winegrower, distiller of wine, brandy,
or both, regardless of any other licenses held directly or indirectly
by such person. Except as specifically provided above, any payment
for, making or production, either directly or indirectly, listing the
names, addresses, telephone numbers, e-mail addresses, or Internet
Web site addresses, of on-sale retailers otherwise authorized by this
section by a wholesaler or by a wholesaler that also holds an
importer's license shall constitute the furnishing of a thing of
value or inducement to the listed on-sale retailers in violation of
this division. 
   SECTION 1.   SEC. 2.   Section 25500.2
of the Business and Professions Code is amended  and renumbered
 to read:
    25500.2.   25500.1.   (a)
Notwithstanding Section 25500, the listing of the names, addresses,
telephone numbers, e-mail addresses, or Internet Web site addresses,
 or other electronic media,  of two or more unaffiliated
on-sale retailers selling beer, wine, or distilled spirits  , or
brandy  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 brandy manufacturer  or an agent
of that entity, or a wholesaler, regardless of any other licenses
held directly or indirectly by that person.