BILL NUMBER: AB 779	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Bocanegra

                        FEBRUARY 21, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 779, as amended, Bocanegra.  Emergency services.
  Alcoholic beverages.  
   (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.  
   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.  
   (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.  
   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.  
   This bill would make a technical, nonsubstantive change to those
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 23357 of the  
Business and Professions Code  is amended to read: 
   23357.   (a)    A licensed beer manufacturer
may, at the licensed premises of production, sell to consumers for
consumption off the premises beer  which   that
 is produced and bottled by, or produced and packaged for that
manufacturer. Licensed beer manufacturers may also  sell
  exercise any of the following privileges: 
    (1)     S   ell   
beer to any person holding a license authorizing the sale of beer
 and may sell   . 
    (2)     Sell  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. 
Licensed beer manufacturers may also sell 
    (3)     Sell  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.  Notwithstanding 
    (b)     Notwithstanding   
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. 
   (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.
   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 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."