Amended in Senate June 19, 2013

Amended in Assembly May 15, 2013

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 of, and to add Section 23363.3 to, 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 a specified amount and be limited to 4 tastes to be provided to an individual per day.

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

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:

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SECTION 1.  

begin insert(a)end insertbegin insertend insert The Legislature finds and declares that a
2tasting of distilled spirits or brandy is a presentation of samples of
3one or more distilled spirits or brandies, representing one or more
4distilled spirits or brandy manufacturers, to a group of consumers
5for the purpose of acquainting the tasters with the characteristics
6of the distilled spirits or brandy tasted.

begin insert

7(b) The Legislature also finds and declares that it is necessary
8and proper to require a separation between manufacturing
9interests, wholesale interests, and retail interests in the production
10and distribution of alcoholic beverages in order to prevent
11suppliers from dominating local markets through vertical
12integration and to prevent excessive sales of alcoholic beverages
13produced by overly aggressive marketing techniques. The
14Legislature further finds that the exceptions established by Sections
1523363.1 and 23363.3 of the Business and Professions Code to the
16general prohibition against tied interests must be limited to their
17express terms so as not to undermine the general prohibition, and
18intends that these sections be construed accordingly.

end insert
19

SEC. 2.  

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

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23363.1.  

(a) A distilled spirits manufacturer’s license
2authorizes the licensee to conduct tastings of distilled spirits
3produced or bottled by, or produced or bottled for, the licensee,
4on or off the licensee’s premises.

5(b) (1) Distilled spirits tastings may be conducted by the
6licensee off the licensee’s premises only for an event sponsored
7by a nonprofit organization. A distilled spirits manufacturer shall
8not sell or solicit sales of distilled spirits at such event. The
9sponsoring organization shall first obtain a permit from the
10department.

11(2) For purposes of this subdivision, “nonprofit organization”
12does not include any community college or other institution of
13higher learning, as defined in the Education Code, nor does it
14include any officially recognized club, fraternity, or sorority,
15whether or not that entity is located on or off the institution’s
16campus.

17(c) Tastings on the licensee’s premises shall be subject to the
18following conditions:

19(1) Tastings of distilled spirits shall not exceed one-fourth of
20one ounce and shall be limited to no more than four tastes per
21individual per day.

22(2) Tastings shall only include the products that are authorized
23to be produced or bottled by or for the licensee.

24(3) A person under 21 years of age shall not serve tastes of
25distilled spirits.

begin insert

26(4) Single tastings of distilled spirits shall not be given in the
27form of a cocktail or a mixed drink.

end insert

28(d) Notwithstanding Section 25600, the licensee may provide
29distilled spirits without charge for any tastings conducted pursuant
30to this section. The licensee may charge for tastings conducted by
31the licensee on its licensed premises.

32

SEC. 3.  

Section 23363.3 is added to the Business and
33Professions Code
, to read:

34

23363.3.  

(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 one-fourth of one ounce
10and shall be limited to no more than four tastes per individual per
11day.

12(2) Tastings shall only include the products that are authorized
13to be produced or bottled by or for the licensee.

14(3) A person under 21 years of age shall not serve tastes of
15brandy.

begin insert

16(4) Single tastings of brandy shall not be given in the form of a
17cocktail or a mixed drink.

end insert

18(d) Notwithstanding Section 25600, the licensee may provide
19brandy without charge for any tastings conducted pursuant to this
20section. The licensee may charge for tastings conducted by the
21licensee on its licensed premises.

22

SEC. 4.  

No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.



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