BILL NUMBER: AB 816	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 21, 2013

   An act to amend Section 25500.1 of, and to repeal Section 25502.1
of, the Business and Professions Code, relating to alcoholic
beverages.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 816, as introduced, Hall. Alcoholic beverages: tied-house
restrictions: on-sale and off-sale retailers advertising.
   The Alcoholic Beverage Control Act contains limitations on sales
commonly known as "tied-house" restrictions, which generally prohibit
a manufacturer, winegrower, manufacturer's agent, California
winegrower's agent, rectifier, distiller, bottler, importer, or
wholesaler from furnishing, giving, or lending any money or other
thing of value to any person engaged in operating, owning, or
maintaining any off-sale licensed premises. For purposes of these
provisions, the listing of the names, addresses, telephone numbers,
or email addresses, or Internet Web site addresses, of 2 or more
unaffiliated off-sale retailers selling beer, wine, or distilled
spirits and operating and licensed as bona fide public eating places
selling the beer, wine, or distilled spirits produced, distributed,
or imported by a nonretail industry member in response to a direct
inquiry from a consumer, as specified, does not constitute a thing of
value or prohibited inducement to the listed off-sale retailer, if
specified conditions are met.
   Existing law includes similar provisions applicable to on-sale
licensed premises, except that those provisions also extend the
above-described exception to other forms of electronic media.
   This bill would delete the above exceptions that apply
specifically to off-sale licensed premises and instead would include
off-sale licensed premises within the exceptions previously
applicable only to on-sale licensed premises.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25500.1 of the Business and Professions Code is
amended to read:
   25500.1.  (a) The listing of the names, addresses, telephone
numbers, email addresses, or Internet Web site addresses, or other
electronic media, of two or more unaffiliated on-sale  or
off-sale  retailers selling beer, wine, or distilled spirits
produced, distributed, or imported by a nonretail industry member in
response to a direct inquiry from a consumer received by telephone,
by mail, by electronic inquiry, or in person does not constitute a
thing of value or prohibited inducement to the listed on-sale  or
off-sale  retailer, provided all of the following conditions
are met:
   (1) The listing does not also contain the retail price of the
product.
   (2) The listing is the only reference to the on-sale  or
off-sale  retailers in the direct communication.
   (3) The listing does not refer only to one on-sale retailer or
only to on-sale  or off-sale  retail establishments
controlled directly or indirectly by the same  on-sale
 retailer.
   (4) The listing is made by, or produced by, or paid for,
exclusively by the nonretail industry member making the response.
   (b) For the purposes of this section, "nonretail industry member"
is defined as a manufacturer, including, but not limited to, a beer
manufacturer, winegrower, or distiller of alcoholic beverages or an
agent of that entity, or a wholesaler, regardless of any other
licenses held directly or indirectly by that person.
  SEC. 2.  Section 25502.1 of the Business and Professions Code is
repealed. 
   25502.1.  (a) Notwithstanding Section 25502, the listing of the
names, addresses, telephone numbers, e-mail addresses, or Internet
Web site addresses, of two or more unaffiliated off-sale retailers
selling the products produced, distributed or imported by a nonretail
industry member in response to a direct inquiry from a consumer
received by telephone, by mail, by electronic inquiry or in person
does not constitute a thing of value or prohibited inducement to the
listed off-sale retailer, provided all of the following conditions
are met:
   (1) The listing does not also contain the retail price of the
product.
   (2) The listing is the only reference to the off-sale retailers in
the direct communication.
   (3) The listing does not refer only to one off-sale retailer or
only to off-sale retail establishments controlled directly or
indirectly by the same off-sale retailer.
   (4) The listing is made by, or produced by, or paid for,
exclusively by the nonretail industry member making the response.
   (b) For the purposes of this section, "nonretail industry member"
is defined as a manufacturer, including, but not limited to, a beer
manufacturer, winegrower, or distiller of alcoholic beverages, or an
agent of those entities, or a wholesaler, regardless of any other
licenses held directly or indirectly by that person.