BILL NUMBER: AB 2349	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 22, 2012
	PASSED THE ASSEMBLY  AUGUST 28, 2012
	AMENDED IN SENATE  AUGUST 9, 2012
	AMENDED IN SENATE  JUNE 19, 2012
	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, 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 email 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 bill would provide that the listing of names, addresses,
telephone numbers, or email 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 operate and be licensed as a bona fide public eating
place.


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

  SECTION 1.  Section 25500.1 of the Business and Professions Code is
repealed.
  SEC. 2.  Section 25500.2 of the Business and Professions Code is
amended and renumbered to read:
   25500.1.  (a) The listing of the names, addresses, telephone
numbers, email addresses, or Internet Web site addresses, or other
electronic media, of two or more unaffiliated on-sale retailers
selling 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.