BILL NUMBER: AB 647	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 21, 2013

   An act to amend Section  23789   25200 
of the Business and Professions Code, relating to alcoholic
beverages.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 647, as amended, Chesbro. The Alcoholic Beverage Control
 Act.   Act: beer manufacturers: containers.
 
    The 
    (1)     The  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 act 
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
hospital   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 specified  . 
   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.  
   (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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   This bill would make technical, nonsubstantive changes in these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 25200 of the  
Business and Professions Code  is amended to read: 
   25200.   (a)    All beer sold in this 
State   state  shall have a label affixed to the
package or container thereof, upon which shall appear the true and
correct name and address of the manufacturer of the beer, and also
the true and correct name of the bottler of the beer if other than
the manufacturer.  No 
    (b)     A  manufacturer, importer, or
wholesaler of beer shall  not  use a container or carton as
a package or container of a beer other than  such 
 the  beer as is manufactured by the manufacturer whose name
or brand of beer appears upon the container or carton, or use as a
package or container of a beer a container or carton which bears the
name of a manufacturer of beer or the brand of any beer other than
those of the manufacturer of the beer contained in the container or
carton. 
   (c) A beer manufacturer that refills any container supplied by a
consumer shall affix a label that complies with this section on the
container prior to its resale to the consumer. Any information
concerning any beer previously packaged in the container, including,
but not limited to, information regarding the manufacturer and
bottler of the beer, shall be removed or completely obscured in a
manner not readily removable by the consumer prior to the resale of
the container to the consumer. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 23789 of the Business and
Professions Code is amended to read:
   23789.  (a) The department is specifically authorized 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 hospital.
   (b) The department is specifically authorized to refuse the
issuance, other than renewal or ownership transfer, of any retail
license for premises located within at least 600 feet of a school,
public playground, or nonprofit youth facility, including, but not
limited to, a facility serving Girl Scouts, Boy Scouts, or Campfire
Girls. This distance shall be measured pursuant to rules of the
department.