BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2349|
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THIRD READING
Bill No: AB 2349
Author: Nestande (R)
Amended: 8/9/12 in Senate
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMM. : 13-0, 6/26/12
AYES: Wright, Anderson, Berryhill, Calderon, Cannella,
Corbett, De León, Evans, Hernandez, Padilla, Walters,
Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/10/12 (Consent) - See last page
for vote
SUBJECT : Alcoholic beverages: tied-house restrictions:
advertising
SOURCE : Author
DIGEST : This bill revises the direct inquiry provisions
in the Alcoholic Beverage Control Act to remove the
requirement that manufacturers and distributors can only
provide consumer information on where they can find a
specific product at an on-sale establishment if that
on-sale retailer operates and is licensed as a restaurant.
By removing that requirement, manufacturers and
distributors can add bars to the list they provide
consumers of on-sale establishments that serve their
specific products.
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AB 2349
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2
Senate Floor Amendments of 8/9/12 are technical and
requested by the Department of Alcoholic Beverage Control.
The amendments (1) strike unnecessary reference to Section
25500 of the Business and Professions Code in Section 2 of
the bill and (2) strike the word "email" and instead insert
the word "e-mail."
ANALYSIS : Existing law prohibits manufacturers and
distributors from giving or lending money or anything of
value to anyone who operates, owns or maintains any
off-sale licensed premise. However, these licensed
entities may list or publish, in response to a direct
inquiry from a consumer, the name, address, telephone
numbers, e-mail, and web address of two or more retailers
who sell their products so long as the retailer operates
and is licensed as a restaurant.
This bill revises the direct inquiry provisions in existing
law to remove the requirement that the unaffiliated on-sale
retailer operates and is licensed as a bona fide public
eating place. This change will allow manufacturers and
distributors to provide information on both bars and
restaurants that serve their alcohol.
Related legislation . SB 1423 (Chesbro), Chapter 205,
Statutes of 2000, authorized wineries and brandy
manufacturers to advertise the name and location of
restaurants that sell their products.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/10/12)
California Beer and Beverage Distributors
Heimark Distributing, LLC
ARGUMENTS IN SUPPORT : According to the author's office,
"Given the development of new social media, a manufacturer
or distributor should be allowed to utilize the various
social media mediums as a marketing tool to educate a
potential customer about additional retail locations where
a product can be purchased, not just at restaurants."
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AB 2349
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ASSEMBLY FLOOR : 73-0, 5/10/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill,
Huber, Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Pan, Perea,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Cook, Fletcher, Furutani, Jeffries,
Norby, Olsen, V. Manuel Pérez
DLW:k 8/13/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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