BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 339| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ CONSENT Bill No: SB 339 Author: Wolk (D) et al Amended: 3/31/11 Vote: 21 SENATE GOVERNMENTAL ORG. COMMITTEE : 13-0, 4/12/11 AYES: Wright, Anderson, Berryhill, Calderon, Cannella, Corbett, De León, Evans, Hernandez, Padilla, Strickland, Wyland, Yee SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Alcoholic beverage: on-sale beer and wine licenses: bona fide public eating place SOURCE : Davis Food Co-operative, Inc. DIGEST : This bill adds a new provision to the Alcoholic Beverage Control Act relating to the establishment of cooking schools as bona fide eating places for the purpose of obtaining a license to sell beer and wine. ANALYSIS : Existing law establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. Existing law authorizes the issuance of an on-sale beer and wine eating place license (Type 41), which authorizes the CONTINUED SB 339 Page 2 sale of beer and wine for consumption on or off the premises where sold. Distilled spirits may not be on the premises (except brandy, rum, or liqueurs for use solely for cooking purposes). The law also provides that the licensee must maintain the licensed premises as a "bona fide public eating place." Minors are allowed on the premises. Section 23038 of the Business and Professions Code defines "bona fide public eating place" as a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. Section 23038 defines "meals" to mean the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. In addition, "guests" is defined to mean persons who, during the hours when meals are regularly served therein, come to a bona-fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Existing law also authorizes the issuance of an on-sale general eating place license (Type 47), which authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. The law provides that the licensee must maintain the licensed premises as a "bona fide public eating place" and minors are allowed on the premises. Existing law defines an "on-sale" license as authorizing the sale of all types of alcoholic beverages: namely, beer, wine and distilled spirits, for consumption on the premises (such as at a restaurant or bar). An "off-sale" license authorizes the sale of all types of alcoholic beverages for consumption off the premises in original, sealed CONTINUED SB 339 Page 3 containers. This bill adds a new provision to the ABC Act relating to the establishment of cooking schools as "bona fide eating places" for the purpose of obtaining a license to sell beer and wine. Comments An eating establishment must be considered a "bona fide eating place" to obtain a license to sell beer and wine for consumption on or off the premises where sold. Currently, a cooking school which operates for the purpose of teaching its students to prepare meals, and which often times provides students the opportunity to consume the meals prepared in classes on site, does not meet the requirements for a "bona fide public eating place" and thus is unable to obtain a license from the ABC to include appropriate wine pairings with cooking classes. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 5/2/11) Davis Food Co-operative, Inc. (source) Family Winemakers of California ARGUMENTS IN SUPPORT : According to the author's office, allowing cooking schools to serve wine with prepared meals enables the schools to present complete meal options to students, thus enriching the learning experience. Individuals must be 21 years of age or older to consume the alcoholic beverages. PQ:do 5/3/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED SB 339 Page 4 CONTINUED