Amended in Assembly April 17, 2013

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 ofbegin insert, and to add Section 23363.3 to,end insert the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL’S DIGEST

AB 933, as amended, 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.begin delete Byend delete

begin insert

The bill would also extend the authorization to conduct tastings, as described above, to brandy manufacturers.

end insert

begin insertByend insert 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.

7(b) (1) Distilled spirits tastings may be conducted by the
8licensee off the licensee’s premises only for an event sponsored
9by a nonprofit organization. A distilled spirits manufacturer shall
10not sell or solicit sales of distilled spirits at such event. The
11sponsoring organization shall first obtain a permit form the
12department.

13(2) For purposes of this subdivision, “nonprofit organization”
14does not include any community college or other institution of
15higher learning, as defined in the Education Code, nor does it
16include any officially recognized club, fraternity, or sorority,
17whether or not that entity is located on or off the institution’s
18campus.

P3    1(c) Tastings on the licensee’s premises shall be subject to the
2following conditions:

3(1) Tastings of distilled spirits shall not exceed ____ and shall
4be limited to no more than ____ tastes per individual per day.

5(2) Tastings shall only include the products that are authorized
6to be sold by the licensee.

7(3) A person under 21 years of age shall not serve tastes of
8distilled spirits.

9(d) Notwithstanding Section 25600, the licensee may provide
10distilled spirits without charge for any tastings conducted pursuant
11to this section. The licensee may charge for tastings conducted by
12the licensee on its licensed premises.

13(e) Notwithstanding Section 25500, for tastings conducted at a
14licensee’s premises, a distilled spirits manufacturer may display
15or provide to individuals a listing of the names, addresses,
16telephone numbers, e-mail addresses, or Internet Web site
17addresses, of two or more unaffiliated off-sale retailers selling
18their products. This action shall not constitute a thing of value or
19prohibited inducement to the listed off-sale retailer, provided all
20of the following conditions are met:

21(1) The listing does not also contain the retail price of the
22product.

23(2) The listing is the only reference to the off-sale retailers
24displayed or provided.

25(3) The listing does not refer only to one off-sale retailer or only
26to off-sale retail establishments controlled directly or indirectly
27by the same off-sale retailer.

28(4) The listing is made by, or produced by, or paid for,
29exclusively by the distilled spirits manufacturer.

30(f) The department may adopt rules and regulations as it
31determines to be necessary for the administration of this section.

32begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 23363.3 is added to the end insertbegin insertBusiness and
33Professions Code
end insert
begin insert, to read:end insert

begin insert
34

begin insert23363.3.end insert  

(a) A brandy manufacturer’s license authorizes the
35licensee to conduct tastings of brandy produced or bottled by, or
36produced or bottled for, the licensee, on or off the licensee’s
37premises.

38(b) (1) A brandy manufacturer shall not sell or solicit sales of
39brandy at the event. The sponsoring organization shall first obtain
40a permit from the department.

P4    1(2) For purposes of this subdivision, “nonprofit organization”
2does not include any community college or other institution of
3higher learning, as defined in the Education Code, nor does it
4include any officially recognized club, fraternity, or sorority,
5whether or not that entity is located on or off the institution’s
6campus.

7(c) Tastings on the licensee’s premises shall be subject to the
8following conditions:

9(1) Tastings of brandy shall not exceed ____ and shall be limited
10to no more than ____ tastes per individual per day.

11(2) Tastings shall only include the products that are authorized
12to be sold by the licensee.

13(3) A person under 21 years of age shall not serve tastes of
14brandy.

15(d) Notwithstanding Section 25600, the licensee may provide
16brandy without charge for any tastings conducted pursuant to this
17section. The licensee may charge for tastings conducted by the
18licensee on its licensed premises.

19(e) Notwithstanding Section 25500, for tastings conducted at a
20licensee’s premises, a brandy manufacturer may display or provide
21to individuals a listing of the names, addresses, telephone numbers,
22e-mail addresses, or Internet Web site addresses of two or more
23unaffiliated off-sale retailers selling its products. This action shall
24not constitute a thing of value or prohibited inducement to the
25listed off-sale retailer, provided all of the following conditions are
26met:

27(1) The listing does not also contain the retail price of the
28product.

29(2) The listing is the only reference to the off-sale retailers
30displayed or provided.

31(3) The listing does not refer only to one off-sale retailer or only
32to off-sale retail establishments controlled directly or indirectly
33by the same off-sale retailer.

34(4) The listing is made by, or produced by, or paid for,
35exclusively by the brandy manufacturer.

36(f) The department may adopt rules and regulations as it
37determines to be necessary for the administration of this section.

end insert
38

begin deleteSEC. 2.end delete
39begin insertSEC. 3.end insert  

No reimbursement is required by this act pursuant to
40Section 6 of Article XIII B of the California Constitution because
P5    1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California
7Constitution.



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