BILL NUMBER: SB 32	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 1, 2011
	PASSED THE ASSEMBLY  AUGUST 25, 2011
	AMENDED IN SENATE  MAY 26, 2011

INTRODUCED BY   Senator Leno
   (Coauthor: Senator Berryhill)
   (Coauthors: Assembly Members Jeffries, Ma, and Portantino)

                        DECEMBER 6, 2010

   An act to amend Section 23016 of the Business and Professions
Code, relating to alcoholic beverages, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 32, Leno. Alcoholic beverages: definitions: rectifiers.
   The Alcoholic Beverage Control Act contains various provisions
regulating the application for, the issuance of, the suspension of,
and the conditions imposed upon, alcoholic beverage licenses by the
Department of Alcoholic Beverage Control.
   Existing law defines a "rectifier" to include every person who
colors, flavors, or otherwise processes distilled spirits by
distillation, blending, percolating, or other processes.
   This bill would exclude from the definition of "rectifier" any
on-sale licensee that colors, flavors, or blends distilled spirits or
wine products on the licensed premises for consumption on those
premises.
   This bill would declare that it is to take effect immediately as
an urgency statute.


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

  SECTION 1.  Section 23016 of the Business and Professions Code is
amended to read:
   23016.  "Rectifier" means every person who colors, flavors, or
otherwise processes distilled spirits by distillation, blending,
percolating, or other processes. "Rectifier" does not include an
on-sale licensee that colors, flavors, or blends distilled spirits or
wine products on the on-sale licensed premises to be consumed on the
licensed premises.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In 2008, the Department of Alcoholic Beverage Control (ABC) issued
an advisory informing on-sale licensees that engaging in
rectification of distilled spirits exceeded their licensing
privileges. The ABC has recently started to forcefully notify on-sale
licensees of this advisory. As a result, many bars and restaurants
have stopped serving infused drinks and have experienced a drop in
business. Therefore, to allow businesses to resume this economically
stimulating business practice as soon as possible in order to bolster
California's economy and to aid struggling bars and restaurants in
this economically stagnant time, it is necessary for this act to take
effect immediately.