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:
Section 23363.1 of the Business and Professions
2Code is amended to read:
(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
7spirits tastings may be conducted by the
8licensee off the licensee’s premises only for an event sponsored
9by a nonprofit organization
begin 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
19 For purposes of this
begin delete section:end 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.
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.
14(c) The sponsoring organization shall first obtain a permit from
7 The department may adopt rules and regulations as it
8determines to be necessary for the administration of this section.
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