BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 339|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
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                                    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 
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          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 

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          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

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