BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 636
Author: Hall (D)
Amended: 8/15/13 in Senate
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 11-0, 6/11/13
AYES: Wright, Nielsen, Berryhill, Calderon, Cannella, Correa,
De León, Galgiani, Hernandez, Lieu, Padilla
SENATE APPROPRIATIONS COMMITTEE : 7-0, 6/24/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
ASSEMBLY FLOOR : 75-0, 5/9/13 (Consent) - See last page for vote
SUBJECT : Alcoholic beverages: tied-house restrictions
SOURCE : Author
DIGEST : This bill permits a winegrower, California
winegrower's agent, importer, or other specified parties
appearing at an instructional event, as specified, to provide
autographs to consumers or consumer advertising specialties
given by the person to a consumer or on any item provided by a
consumer; and prohibits a requirement of the purchase of any
alcoholic beverage in connection with such autographing.
Senate Floor Amendments of 8/15/13 place the contents of this
bill in a more appropriate Section of the Alcoholic Beverage
Control Act (ABC Act) relating to "winemaker's instructional
events."
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AB 636
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ANALYSIS :
Existing law:
1.Permits a winegrower, California winegrower's agent, wine
importer, or other specified parties to conduct or participate
in, and serve wine at, an instructional event for consumers
held at a retailer's premises featuring wines produced by or
for the winegrower or, imported by the wine importer.
2.Prohibits a premium, gift, free goods, or anything of value
from being given away in connection with the instructional
event by the winegrower, California winegrower's agent, wine
importer, or retailer, except as authorized.
3.Specifies that no alcoholic beverages may be given away in
connection with the instructional event except that minimal
amounts of wine, taken from the barrels or from tanks, may be
supplied and provided as samples at the instructional event.
Specifies that an authorized person may provide no more than
three one-ounce tastes of wine per consumer at the
instructional event from the bottles of wine provided by the
authorized person. Minimal amounts of the samples or tastes
provided at the instructional event do not constitute a thing
of value. Following the instructional event, any unused wine
provided by the authorized person shall be removed from the
retailer's premises by the authorized person.
4.Provides that no alcoholic beverages may be sold at the
instructional event, except that orders for the sale of wine
may be accepted by the winegrower if the sales transaction is
completed at the winegrower's premises.
5.Provides that a violation of any of the provisions of the ABC
Act, for which another penalty or punishment is not
specifically provided, is a misdemeanor.
This bill:
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AB 636
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1.Permits, a winegrower, California winegrower's agent,
importer, or other specified parties appearing at an
instructional event, as specified, to provide autographs to
consumers or consumer advertising specialties given by the
person to a consumer or on any item provided by a consumer.
2.Prohibits a requirement of the purchase of any alcoholic
beverage in connection with the autographing.
Prior Legislation
AB 2184 (Hall, Chapter 480, Statutes of 2012) created a new
tied-house exception in the ABC Act that authorizes, until
January 1, 2016, wine, beer and spirits producers to participate
in promotional events held at an off-sale retail licensed
location for the purpose of providing autographs on bottles or
other items to consumers.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, the Department
of Alcoholic Beverage Control indicates the need for one PY
(personnel year) annually in the Trade Enforcement Unit at a
cost of $98,000 (Special).
SUPPORT : (Verified 8/19/13)
Family Winemakers of California
Wine Institute
ARGUMENTS IN SUPPORT : The author's office notes that this
bill is a modest extension of AB 2184 (Hall). AB 636 simply
provides an opportunity for a consumer to obtain an autograph on
a bottle at an additional type of event, namely an instructional
"winemaker dinner" - conducted at a bona fide eating venue which
holds an on-sale license. The author's office emphasizes that
existing law contains built-in safeguards. Wine producers are
expected to use this new marketing tool to build brand awareness
and loyalty.
ASSEMBLY FLOOR : 75-0, 5/9/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
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AB 636
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Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen,
Pan, Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva,
Rendon, Salas, Skinner, Stone, Ting, Torres, Wagner, Weber,
Wieckowski, Wilk, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Donnelly, Holden, Logue, Waldron, Vacancy
MW:ej 8/20/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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