BILL NUMBER: AB 647	AMENDED
	BILL TEXT

	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

INTRODUCED BY   Assembly Member Chesbro
   (Principal coauthor: Senator Knight)
   (Coauthor: Senator Padilla)

                        FEBRUARY 21, 2013

   An act to amend Sections 23012, 25200, and  25503.7
  25503.3  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 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
  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 provided  .
   This bill would  revise this exception to  
also  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 
 to attendees at a meeting of a bona fide beer manufacturer or
brewer's guild  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 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 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. 3.    Section 25503.3 of the   Business
and Professions Code   is amended to read: 
   25503.3.  (a)  Anything in this division to the contrary
notwithstanding,   Notwithstanding any other provision
of this division,  any winegrower, beer manufacturer, brandy
manufacturer, distilled spirits manufacturer, or distilled spirits
manufacturer's agent may, at parties held, or in hospitality rooms
maintained, in conjunction with meetings, conventions, or combined
conventions and trade shows of bona fide trade associations of retail
licensees, serve and provide free of charge, food, alcoholic and
nonalcoholic beverages, entertainment, and recreational activities to
the retail licensees and their guests while attending those
meetings, conventions, or combined conventions and trade shows.
Additionally, any person specified in this section may pay a fee to
the bona fide trade association for the privilege of providing food,
alcoholic or nonalcoholic beverages, entertainment, or recreational
activities, or for display booth space, as long as the fee is at the
same rate charged all suppliers.
   (b) Any person specified in  this section  
subdivision (a)  may advertise in any regular publication of a
bona fide trade association the members of which are food or
alcoholic beverage retailers, if that publication does not advertise
on behalf of, or directly benefit, any individual retail licensee.
The advertising fee paid to the bona fide trade association or its
agent shall be at the same rate charged all advertisers.
   (c) Any person specified in  this section  
subdivision (a)  may pay membership dues to a bona fide trade
association as long as the dues are at the same rate charged all
nonretail members of the association. 
   (d) A licensed beer manufacturer or a brewpub-restaurant licensee
may serve, for consumption on the premises, beer produced by the
licensed beer manufacturer or brewpub-restaurant licensee to
attendees at a meeting of a bona fide beer manufacturer trade
association or brewers' guild held on the premises of a licensed beer
manufacturer. 
  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.