California Legislature—2013–14 Regular Session

Assembly BillNo. 933


Introduced by Assembly Members Skinner and Hall

February 22, 2013


An act to amend Section 23363.1 of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL’S DIGEST

AB 933, as introduced, Skinner. Distilled spirits manufacturers: licenses: tastings.

Existing law, the Alcoholic Beverage Control Act, authorizes a licensed distilled spirits manufacturer to conduct tastings of distilled spirits produced or bottled by, or produced or bottled for, the licensee, on the licensed premises, under specified conditions. Existing law generally prohibits a manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, or wholesaler from, among other things, giving or lending any money or other thing of value, directly or indirectly, to any person engaged in operating, owning, or maintaining any off-sale licensed premises. Existing law excepts from this prohibition the listing of names, addresses, telephone numbers, and e-mail addresses, among other things, if specified conditions are met. Existing law provides that a violation of the act is a misdemeanor unless otherwise specified.

This bill would revise the conditions upon which a distilled spirits manufacturer may conduct tastings, authorize a licensed distilled spirits manufacturer to charge consumers for tastings on its licensed premises, and would impose additional conditions on the provision of tastings by the licensee on the licensed premises. The bill would include in these conditions that tastings of distilled spirits not exceed an unspecified amount and be limited to an unspecified number of tastes to be provided to an individual per day. The bill would permit a distilled spirits manufacturer, under specified conditions, for tastings conducted at a licensee’s premises, to display or provide to individuals a listing of the names, addresses, telephone numbers, e-mail addresses, or Internet Web site addresses, of two or more unaffiliated off-sale retailers selling their products. By expanding the definition of a crime, this bill would impose a state-mandated local program.

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:

P2    1

SECTION 1.  

Section 23363.1 of the Business and Professions
2Code
is amended to read:

3

23363.1.  

(a) A distilled spirits manufacturer’s license
4authorizes the licensee to conduct tastings of distilled spirits
5produced or bottled by, or produced or bottled for, the licensee,
6on or off the licensee’s premises.begin delete Distilledend delete

7begin insert(b)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertbegin insertDistilled end insertspirits tastings may be conducted by the
8licensee off the licensee’s premises only for an event sponsored
9by a nonprofit organizationbegin delete and only if persons attending the event
10are affiliated with the sponsor. No distilled spirits shall be sold or
11solicited for sale in that portion of the premises where the distilled
12spirits tasting is being conducted. Notwithstanding Section 25600,
13the licensee may provide distilled spirits without charge for any
14tastings conducted pursuant to this sectionend delete
.begin insert A distilled spirits
15manufacturer shall not sell or solicit sales of distilled spirits at
16such event. The sponsoring organization shall first obtain a permit
17form the department.end insert

begin delete

18(b)

end delete

19begin insert(2)end insert For purposes of thisbegin delete section:end deletebegin insert subdivision, “nonprofit
20organization” end insert
begin insertdoes not include any community college or other
21institution of higher learning, as defined in the Education Code,
22nor does it include any officially recognized club, fraternity, or
P3    1sorority, whether or not that entity is located on or off the
2institution’s campus.end insert

begin delete

3(1) “Nonprofit organization” does not include any community
4college or other institution of higher learning, as defined in the
5Education Code, nor does it include any officially recognized club,
6fraternity, or sorority, whether or not that entity is located on or
7off the institution’s campus.

end delete
begin delete

8(2) “Affiliated with the sponsor” means directors, officers,
9members, employees, and volunteers of bona fide charitable,
10fraternal, political, religious, trade, service, or similar nonprofit
11organizations and their invited guests. Persons “affiliated with the
12sponsor” also includes up to three guests invited by persons
13described in this paragraph.

end delete
begin delete

14(c) The sponsoring organization shall first obtain a permit from
15the department.

end delete
begin insert

16(c) Tastings on the licensee’s premises shall be subject to the
17following conditions:

end insert
begin insert

18(1) Tastings of distilled spirits shall not exceed ____ and shall
19be limited to no more than ____ tastes per individual per day.

end insert
begin insert

20(2) Tastings shall only include the products that are authorized
21to be sold by the licensee.

end insert
begin insert

22(3) A person under 21 years of age shall not serve tastes of
23distilled spirits.

end insert
begin insert

24(d) Notwithstanding Section 25600, the licensee may provide
25distilled spirits without charge for any tastings conducted pursuant
26to this section. The licensee may charge for tastings conducted by
27the licensee on its licensed premises.

end insert
begin insert

28(e) Notwithstanding Section 25500, for tastings conducted at a
29licensee’s premises, a distilled spirits manufacturer may display
30or provide to individuals a listing of the names, addresses,
31telephone numbers, e-mail addresses, or Internet Web site
32addresses, of two or more unaffiliated off-sale retailers selling
33their products. This action shall not constitute a thing of value or
34prohibited inducement to the listed off-sale retailer, provided all
35of the following conditions are met:

end insert
begin insert

36(1) The listing does not also contain the retail price of the
37product.

end insert
begin insert

38(2) The listing is the only reference to the off-sale retailers
39displayed or provided.

end insert
begin insert

P4    1(3) The listing does not refer only to one off-sale retailer or only
2to off-sale retail establishments controlled directly or indirectly
3by the same off-sale retailer.

end insert
begin insert

4(4) The listing is made by, or produced by, or paid for,
5exclusively by the distilled spirits manufacturer.

end insert
begin delete

6(d)

end delete

7begin insert(f)end insert The department may adopt rules and regulations as it
8determines to be necessary for the administration of this section.

9

SEC. 2.  

No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.



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