BILL NUMBER: AB 647 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 26, 2013
AMENDED IN SENATE JUNE 5, 2013
AMENDED IN ASSEMBLY APRIL 8, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Chesbro
( Principal coauthor: Senator
Knight )
( Coauthor: Senator Padilla
)
FEBRUARY 21, 2013
An act to amend Sections 23012, 23386, and
25200 , and 25503.7 of the Business and Professions Code,
relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 647, as amended, Chesbro. The Alcoholic Beverage Control Act:
beer manufacturers: containers.
(1) Existing law defines a "beer manufacturer" as any person
engaged in the manufacture of beer, and requires a license or permit
to manufacture beer, unless the beer is manufactured for personal or
family use under specified conditions.
This bill would revise the definition of "beer manufacturer" to
include only those persons that have facilities and equipment for the
purposes of, and are engaged in, the commercial manufacture of beer.
(2) 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 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 label to include the brand and type
of beer and would also 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. The bill would specify that this provision does not authorize
a beer manufacturer to refill a container supplied by a consumer
with a capacity of 5 liquid gallons or more. By expanding the
definition of a crime, this bill would impose a state-mandated local
program.
(3) Existing law permits a holder of a manufacturer's license to
give away samples of alcoholic beverages that are authorized to be
sold by the licensee under the rules prescribed by the Department of
Alcoholic Beverage Control.
This bill would permit a beer manufacturer to provide free samples
of beer to another beer manufacturer, brewpub operator, or its
representative during a trade association or guild meeting held on
the licensed premises of a beer manufacturer.
(3) Existing provisions of the Alcoholic Beverage Control Act,
known as tied-house restrictions, generally prohibit manufacturers,
winegrowers, bottlers, importers, wholesalers, and others from
performing certain activities, with specified exceptions. Existing
law allows any winegrower, beer manufacturer, or beer and wine
wholesaler to serve food and alcoholic beverages to any person,
including an alcoholic beverage licensee and his or her employees and
representatives, who is attending a meeting held upon or who is
visiting the premises of the winegrower or beer manufacturer.
This bill would revise this exception to allow any winegrower,
beer manufacturer, or beer and wine wholesaler to serve food and
alcoholic beverages for consumption on the premises to any person,
including an alcoholic beverage licensee and his or her employees and
representatives, who is attending a meeting held upon the premises
of the winegrower or beer manufacturer. This bill would additionally
allow a beer manufacturer or brewpub-restaurant licensee to serve
beer produced by the manufacturer or brewpub-restaurant licensee for
consumption on the premises to attendees at a meeting held on the
premises of a beer manufacturer.
(4) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23012 of the Business and Professions Code is
amended to read:
23012. "Beer manufacturer" means any person that has facilities
and equipment for the purposes of, and is engaged in, the commercial
manufacture of beer.
SEC. 2. Section 23386 of the Business and
Professions Code is amended to read:
23386. (a) Any manufacturer's, wine grower's, manufacturer's
agent's, rectifier's, importer's, or wholesaler's license also
authorizes the giving away of samples of the alcoholic beverages that
are authorized to be sold by the license under the rules that may be
prescribed by the department. A retail license does not authorize
the furnishing or giving away of any free samples of alcoholic
beverages.
(b) Notwithstanding subdivision (a), an on-sale retail licensee
authorized to sell wine may instruct consumers at the on-sale retail
licensed premises regarding wines sold by the retail licensee.
Notwithstanding subdivision (a), an on-sale retail licensee
authorized to sell distilled spirits may instruct consumers at the
on-sale retail licensed premises regarding distilled spirits. The
instruction may include, without limitation, the history, nature,
values, and characteristics of the product, and the methods of
presenting and serving the product. The instruction of consumers may
include the furnishing of not more than three tastings to any
individual in one day. A single tasting of distilled spirits may not
exceed one-fourth of one ounce and a single tasting of wine may not
exceed one ounce. Nothing in this subdivision shall limit the giving
away of samples pursuant to subdivision (a).
(c) Notwithstanding subdivision (a), a beer manufacturer may
provide free samples of beer to another beer manufacturer, brewpub
operator, or its representative during a trade association or guild
meeting held on the licensed premises of a beer manufacturer.
SEC. 3. SEC. 2. Section 25200 of the
Business and Professions Code is amended to read:
25200. (a) All beer sold in this state shall have a label affixed
to the package or container thereof, containing the brand and type
of beer, 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.
(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
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, or any associated brands or trademarks, 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.
This subdivision does not authorize a beer manufacturer to refill a
container supplied by a consumer with a capacity of five liquid
gallons or more.
SEC. 3. Section 25503.7 of the Business
and Professions Code is amended to read:
25503.7. (a) A winegrower, beer
manufacturer, or beer and wine wholesaler may serve food and
alcoholic beverages for consumption on the premises to any
person, including a person licensed under this division and his or
her employees and representatives, who is attending a meeting held
upon or who is visiting the premises of the
winegrower, beer manufacturer, or beer and wine wholesaler.
(b) A beer manufacturer or the holder of a brewpub-restaurant
license may serve beer produced by the beer manufacturer or holder of
a brewpub-restaurant license for consumption on the premises to a
person who is attending a meeting held upon the premises of a beer
manufacturer.
(c) Nothing in this provision authorizes a winegrower, beer
manufacturer, or beer and wine wholesaler to serve alcoholic
beverages that are not authorized to be produced or sold by the
licensee.
SEC. 4. 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.