Amended in Senate August 14, 2013

Amended in Senate June 26, 2013

Amended in Senate June 5, 2013

Amended in Assembly April 8, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 647


Introduced by Assembly Member Chesbro

(Principal coauthor: Senator Knight)

(Coauthor: Senator Padilla)

February 21, 2013


An act to amend Sections 23012, 25200, andbegin delete 25503.7end deletebegin insert 25503.3end insert 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 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 allowsbegin delete 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 manufacturerend deletebegin insert specified licensees to serve and provide, free of charge, food, alcoholic beverages, and other items to retail licensees and their guests attending meetings, conventions, combined conventions, and trade shows, as providedend insert.

This bill wouldbegin delete revise this exception toend deletebegin insert alsoend insert allowbegin delete 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 allowend delete a beer manufacturer or brewpub-restaurant licensee to serve beer produced by the manufacturer or brewpub-restaurant licenseebegin delete for consumption on the premises to attendees at a meetingend deletebegin insert to attendees at a meeting of a bona fide beer manufacturer or brewer’s guildend insert 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:

P3    1

SECTION 1.  

Section 23012 of the Business and Professions
2Code
is amended to read:

3

23012.  

“Beer manufacturer” means any person that has facilities
4and equipment for the purposes of, and is engaged in, the
5commercial manufacture of beer.

6

SEC. 2.  

Section 25200 of the Business and Professions Code
7 is amended to read:

8

25200.  

(a) All beer sold in this state shall have a label affixed
9to the package or container thereof, containing the brand and type
10of beer, upon which shall appear the true and correct name and
11address of the manufacturer of the beer, and also the true and
12correct name of the bottler of the beer if other than the
13manufacturer.

14(b) A manufacturer, importer, or wholesaler of beer shall not
15use a container or carton as a package or container of a beer other
16than the beer as is manufactured by the manufacturer whose name
17or brand of beer appears upon the container or carton, or use as a
18package or container of a beer a container or carton which bears
19the name of a manufacturer of beer or the brand of any beer other
20than those of the manufacturer of the beer contained in the
21container or carton.

22(c) A beer manufacturer that refills any container supplied by
23a consumer shall affix a label that complies with this section on
24the container prior to its resale to the consumer. Any information
25concerning any beer previously packaged in the container,
26including, but not limited to, information regarding the
27manufacturer and bottler of the beer, or any associated brands or
28trademarks, shall be removed or completely obscured in a manner
P4    1not readily removable by the consumer prior to the resale of the
2container to the consumer. This subdivision does not authorize a
3beer manufacturer to refill a container supplied by a consumer
4with a capacity of five liquid gallons or more.

begin delete5

SEC. 3.  

Section 25503.7 of the Business and Professions Code
6 is amended to read:

7

25503.7.  

(a) A winegrower, beer manufacturer, or beer and
8wine wholesaler may serve food and alcoholic beverages for
9consumption on the premises to any person, including a person
10licensed under this division and his or her employees and
11representatives, who is attending a meeting held upon the premises
12of the winegrower, beer manufacturer, or beer and wine wholesaler.

13(b) A beer manufacturer or the holder of a brewpub-restaurant
14license may serve beer produced by the beer manufacturer or holder
15of a brewpub-restaurant license for consumption on the premises
16to a person who is attending a meeting held upon the premises of
17a beer manufacturer.

18(c) Nothing in this provision authorizes a winegrower, beer
19manufacturer, or beer and wine wholesaler to serve alcoholic
20beverages that are not authorized to be produced or sold by the
21licensee.

end delete
22begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 25503.3 of the end insertbegin insertBusiness and Professions Codeend insert
23begin insert is amended to read:end insert

24

25503.3.  

(a) begin deleteAnything in this division to the contrary
25notwithstanding, end delete
begin insertNotwithstanding any other provision of this
26division, end insert
any winegrower, beer manufacturer, brandy manufacturer,
27distilled spirits manufacturer, or distilled spirits manufacturer’s
28agent may, at parties held, or in hospitality rooms maintained, in
29conjunction with meetings, conventions, or combined conventions
30and trade shows of bona fide trade associations of retail licensees,
31serve and provide free of charge, food, alcoholic and nonalcoholic
32beverages, entertainment, and recreational activities to the retail
33licensees and their guests while attending those meetings,
34conventions, or combined conventions and trade shows.
35Additionally, any person specified in this section may pay a fee
36to the bona fide trade association for the privilege of providing
37food, alcoholic or nonalcoholic beverages, entertainment, or
38recreational activities, or for display booth space, as long as the
39fee is at the same rate charged all suppliers.

P5    1(b) Any person specified inbegin delete this sectionend deletebegin insert subdivision (a)end insert may
2advertise in any regular publication of a bona fide trade association
3the members of which are food or alcoholic beverage retailers, if
4that publication does not advertise on behalf of, or directly benefit,
5any individual retail licensee. The advertising fee paid to the bona
6fide trade association or its agent shall be at the same rate charged
7all advertisers.

8(c) Any person specified inbegin delete this sectionend deletebegin insert subdivision (a)end insert may pay
9membership dues to a bona fide trade association as long as the
10dues are at the same rate charged all nonretail members of the
11association.

begin insert

12(d) A licensed beer manufacturer or a brewpub-restaurant
13licensee may serve, for consumption on the premises, beer
14produced by the licensed beer manufacturer or brewpub-restaurant
15licensee to attendees at a meeting of a bona fide beer manufacturer
16trade association or brewers’ guild held on the premises of a
17licensed beer manufacturer.

end insert
18

SEC. 4.  

No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.



O

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