AB 647,
as amended, Chesbro. The Alcoholic Beverage Controlbegin delete Act.end deletebegin insert Act: beer manufacturers: containers.end insert
The
end delete
begin insert(1)end insertbegin insert end insertbegin insertTheend insert Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, prescribes requirements for licenses for the manufacture, distribution, and sale of alcoholic beverages. The actbegin delete specifically authorizes the department to refuse the issuance, other than renewal or ownership transfer, of any retail license for premises located within the immediate vicinity of a church or hospitalend deletebegin insert
requires that all beer sold in the state have a label affixed to its package or container with the true and correct name and address of the manufacturer of the beer and the true and correct name of the bottler of the beer if other than the manufacturer. The act provides that a violation of its provisions is a misdemeanor if not otherwise specifiedend insert.
This bill would require a beer manufacturer that refills any container supplied by a consumer to affix a label, as specified, on the container prior to its resale to the consumer. The bill would require information concerning any beer previously packaged in the container, including, but not limited to, information regarding the manufacturer and bottler of the beer, to be removed or completely obscured in a manner not readily removable by the consumer prior to resale.
end insertbegin insert(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertThis bill would make technical, nonsubstantive changes in these provisions.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 25200 of the end insertbegin insertBusiness and Professions
2Codeend insertbegin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insertAll beer sold in thisbegin delete Stateend deletebegin insert stateend insert shall have a label
4affixed to the package or container thereof, upon which shall appear
5the true and correct name and address of the manufacturer of the
6beer, and also the true and correct name of the bottler of the beer
7if other than the manufacturer.begin delete Noend delete
8begin insert(b)end insertbegin insert end insertbegin insertAend insert manufacturer, importer, or wholesaler of beer shallbegin insert notend insert
9 use a container or carton as a package or container of a beer other
10thanbegin delete suchend deletebegin insert theend insert beer as is manufactured by the manufacturer whose
11name or brand of beer appears upon the container or carton, or use
12as a package or container of a beer a container or carton which
13bears the name of a manufacturer of beer or the brand of any beer
14other than those of the manufacturer of the beer contained in the
15container or carton.
16(c) A beer manufacturer that refills any container supplied by
17a consumer shall affix a label that complies with this section on
18the container prior to its resale to the consumer. Any information
19concerning any beer previously packaged in the container,
20including, but not limited to, information regarding the
21manufacturer and bottler of the beer, shall be removed or
22completely obscured in a manner not readily removable by the
23consumer prior to the resale of the container to the consumer.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
P3 1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California
7Constitution.
Section 23789 of the Business and Professions
9Code is amended to read:
(a) The department is specifically authorized to refuse
11the issuance, other than renewal or ownership transfer, of any retail
12license for premises located within the immediate vicinity of a
13church or hospital.
14(b) The department is specifically authorized to refuse the
15issuance, other than renewal or ownership transfer, of any retail
16license for premises located within at least 600 feet of
a school,
17public playground, or nonprofit youth facility, including, but not
18limited to, a facility serving Girl Scouts, Boy Scouts, or Campfire
19Girls. This distance shall be measured pursuant to rules of the
20department.
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