Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 779

Introduced by Assembly Member Bocanegra

February 21, 2013

An act to amend Section begin delete 8551 end delete begin insert 23357 end insert of the begin delete Government end delete begin insert Business and Professions end insert Code, relating to begin delete emergency services. end delete begin insert alcoholic beverages end insert begin insert . end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 779, as amended, Bocanegra. begin delete Emergency services. end delete begin insert Alcoholic beverages. end insert

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(1) The Alcoholic Beverage Control Act authorizes a licensed beer manufacturer to sell to consumers, at the licensed premises of production, for consumption off the premises, beer that is produced and bottled by, or produced and packaged for, that manufacturer and to sell beer to any person holding a license authorizing the sale of beer. The act provides that a violation of its provisions is a misdemeanor unless otherwise specified.

end insert begin insert

This bill would authorize a licensed beer manufacturer that produces more than 60,000 barrels of beer per year to manufacture cider or perry, as defined, at the licensed premises of production and to sell cider or perry to any licensee authorized to sell wine. By expanding the definition of a crime, this bill would impose a state-mandated local program.

end insert begin 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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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The California Emergency Services Act establishes, within the office of the Governor, the California Emergency Management Agency and sets forth the duties of the agency and its secretary with respect to specified emergency preparedness, mitigation, and response activities within the state.

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This bill would make a technical, nonsubstantive change to those provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 23357 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

23357.  

begin insert (a) end insert begin insert   end insert A licensed beer manufacturer may, at the licensed
premises of production, sell to consumers for consumption off the
premises beer begin delete which end delete begin insert that end insert is produced and bottled by, or produced
and packaged for that manufacturer. Licensed beer manufacturers
may also begin delete sell end delete begin insert exercise any of the following privileges: end insert

begin insert (1) end insert begin insert   end insert begin insert S end insert begin insert ell end insert begin insert end insert beer to any person holding a license authorizing the sale
of beer begin delete and may sell end delete begin insert . end insert

begin insert (2) end insert begin insert   end insert begin insert Sell end insert beer to consumers for consumption on the
manufacturer’s licensed premises or on premises owned by the
manufacturer which are contiguous to the licensed premises and
which are operated by and for the manufacturer. begin delete Licensed beer
manufacturers may also sell end delete

begin insert (3) end insert begin insert   end insert begin insert Sell end insert beer and wine, regardless of source, to consumers for
consumption at a bona fide public eating place on the
manufacturer’s licensed premises or at a bona fide public eating
place on premises owned by the manufacturer which are contiguous
to the licensed premises and which are operated by and for the
manufacturer. begin delete Notwithstanding end delete

begin insert (b) end insert begin insert   end insert begin insert Notwithstanding end insert begin insert end insert any other provision of this division, licensed
beer manufacturers and holders of out-of-state beer manufacturer’s
certificates may be issued and may hold retail package off-sale
beer and wine licenses. Alcoholic beverage products sold at or
from the off-sale premises which are not produced and bottled by,
or produced and packaged for, the beer manufacturer shall be
purchased by the beer manufacturer only from a licensed
wholesaler.

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(c) Notwithstanding any other provision of this division, a
licensed beer manufacturer that produces more than 60,000 barrels
of beer a year may manufacture cider or perry at the licensed
premises of production and may sell cider or perry to any licensee
authorized to sell wine. For purposes of this subdivision, “perry”
has the meaning provided in Section 4.21(e)(5) of Title 27 of the
Code of Federal Regulations. This subdivision does not alter or
amend the classification of cider or perry as wine for any purpose
other than that provided by this section.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 8551 of the Government Code is amended
to read:

8551.  

This chapter shall be known and may be cited as the
“California Emergency Services Act.”

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