BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 339|
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UNFINISHED BUSINESS
Bill No: SB 339
Author: Wolk (D), et al
Amended: 8/18/11
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
SENATE FLOOR : 40-0, 5/9/11 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De León, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Runner, Simitian, Steinberg, Strickland, Vargas, Walters,
Wolk, Wright, Wyland, Yee
ASSEMBLY FLOOR : 76-0, 7/14/11(Consent) - See last page for
vote
SUBJECT : Alcoholic beverage control: on-sale beer and
wine licenses:
bona fide public eating place: public
schoolhouses
SOURCE : Davis Food Co-operative, Inc.
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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. In addition,
this bill authorizes the sale and consumption of alcoholic
beverages at a city-owned community center, as specified.
Assembly Amendments authorize the sale and consumption of
alcoholic beverages at a city-owned community center, as
specified and add double-jointing language to AB 319
(Norby).
ANALYSIS : Existing Law :
1. Establishes the Department of Alcoholic Beverage Control
(ABC) and grants it exclusive authority to administer
the provisions of the ABC Act (Act) in accordance with
laws enacted by the Legislature.
2. 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.
3. 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.
4. Authorizes the issuance of an on-sale beer and wine
eating place license (Type 41), which authorizes the
sale of beer and wine for consumption on or off the
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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.
5. 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
containers.
6. Generally prohibits the sale or consumption of alcoholic
beverages at a public schoolhouse or any grounds
thereof. Existing law provides that this prohibition
does not apply if the alcoholic beverage is possessed,
consumed, or used during an event at a community center
owned by a community services district, as provided.
This bill:
1. Adds a new provision to the 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. In addition, this bill authorizes the
sale and consumption of alcoholic beverages at a
city-owned community center, as specified.
2. Expands the definition of "bona fide eating place,"
within the Act, for purposes of the on-sale beer and
wine eating place license, to include a cooking school
that regularly and in a bona fide manner provides
courses of instruction in the preparation of food and
that maintains suitable kitchen facilities for persons
attending the courses of instruction.
3. Makes other minor conforming changes to a related
provision of the Act containing compliance requirements
imposed upon bona fide eating places.
4. Permits alcoholic beverages to be possessed, sold, or
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used during an event held at a community center owned by
a city located on public school grounds, if the event is
held when students are not present at the facility, as
specified.
Comment
The Act contains provisions for various types of licenses
that permit licensees to furnish alcoholic beverages under
certain circumstances. As noted above, 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.
This bill is sponsored by the Davis Food Co-operative, Inc.
(DFC) which is a community-owned grocery store that serves
its member-owners and the larger Davis and Yolo County
Community. In 2009, the DFC remodeled an adjacent building
and now offers classes each year to hundreds of local
residents in their teaching kitchen. The DFC notes that
this measure will enable its teaching kitchen, and other
cooking schools, to offer courses that include appropriate
wine pairings.
The Family Winemakers of California emphasizes that this
bill is a narrow expansion of Tied-house exceptions.
Greater wine knowledge may expand sales for winemakers when
on-sale beer and wine licenses are granted to qualified
cooking schools throughout the state.
In addition, this bill expands an existing statute which
allows community centers located on public school grounds
to hold events during which alcoholic beverages are sold
and consumed, to include city-owned community centers,
provided that the events are not held at a time when
students are attending a school-sponsored activity at the
center.
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Prior legislation
AB 1643 (Smyth), Chapter 79, Statutes of 2010, removes the
prohibition against serving alcohol at a public
kindergarten K-12 school housed on the campus of a college,
as long as the event is held at a time when children are
not present. In addition, the only allowable events at
which alcohol can be served in this instance are
fundraisers held to benefit a nonprofit corporation.
AB 172 (Smyth), Chapter 398, Statutes of 2009, allows
public colleges to serve alcoholic beverages during
fundraisers in college facilities that are used to support
school K-12 students, if the event is held at a time when
students are not present at the facility.
AB 1598 (Price), Chapter 149, Statutes of 2007, creates a
new exception to the existing prohibition against the sale
or consumption of alcoholic beverages on the grounds of a
public school to enable culinary arts programs at a campus
of a California Community College to buy, use, sell or
consume wine or beer only in connection with a sponsored
dinner, course of instruction, or meal demonstration.
SB 1486 (Hollingsworth), Chapter 72, Statutes of 2006,
authorizes alcoholic beverages to be served and consumed on
the grounds of the "Water Conservation Garden" located on
the campus of Cuyamaca College in Rancho San Diego.
SB 127 (Chesbro), Chapter 171, Statutes of 2005, makes
changes to an existing license category in the Act for the
American Center for Wine, Food and the Arts located in Napa
County and operated by a nonprofit commonly referred to as
COPIA.
SB 220 (Chesbro), Chapter 203, Statutes of 2005, exempts
from the prohibition wine produced by a bonded winery owned
or operated as part of an instructional program in
viticulture and enology.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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SUPPORT : (Verified 8/9/11)
Davis Food Co-operative, Inc. (source)
California Retailers Association
City of West Sacramento
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.
ASSEMBLY FLOOR : 76-0, 7/14/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso,
Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Monning,
Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V.
Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Beth Gaines, Garrick, Gorell, Mitchell
PQ:do 8/23/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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