California Legislature—2013–14 Regular Session

Assembly Bill No. 949

Introduced by Assembly Member Quirk

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 949, as introduced, Quirk. Distilled spirits manufacturers: licenses: tastings.

(1) 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. The act provides that a violation of its provisions is a misdemeanor, unless otherwise specified.

This bill would authorize licensed distilled spirits manufacturers to charge consumers for tastings and would impose additional conditions on the provision of tastings by the licensee, including limiting the size and number of tastes. The bill would provide that a distilled spirits manufacturer’s license authorizes the licensee to serve and sell food, general merchandise, and nonalcoholic beverages for consumption on or off the premises. By expanding the definition of an existing crime, the bill would impose a state-mandated local program.

(2) 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 1.  

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

23363.1.  

(a) A distilled spirits manufacturer’s license
authorizes the licensee to conduct tastings of distilled spirits
produced or bottled by, or produced or bottled for, the licensee,
on or off the licensee’s premises. begin delete Distilled spirits tastings may be
conducted by the licensee off the licensee’s premises only for an
event sponsored by a nonprofit organization and only if persons
attending the event are affiliated with the sponsor. No distilled
spirits shall be sold or solicited for sale in that portion of the
premises where the distilled spirits tasting is being conducted.
Notwithstanding Section 25600, the licensee may provide distilled
spirits without charge for any tastings conducted pursuant to this
section. end delete

begin insert

(b) Tastings conducted on the licensee’s premises shall be
subject to the following conditions:

end insert begin insert

(1) Any tastings offered onsite shall not exceed one-fourth of
one ounce and shall be limited to no more than three tastes per
individual per day.

end insert begin insert

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

end insert begin insert

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

end insert begin insert

(c) Notwithstanding Section 25600, the licensee may provide
distilled spirits without charge for any tastings or the licensee may
charge for tastings, conducted by the licensee on its licensed
premises.

end insert begin insert

(d) A distilled spirits manufacturer’s license authorizes the
licensee to serve and sell food, general merchandise, and
nonalcoholic beverages for consumption on or off the premises.

end insert begin insert

(e) Distilled spirits tastings may be conducted by the licensee
off the licensee’s premises only for an event sponsored by a
nonprofit organization and only if persons attending the event are
affiliated with the sponsor. No distilled spirits shall be sold or
solicited for sale in that portion of the premises where the distilled
spirits tasting is being conducted.

end insert begin delete

(b)

end delete

begin insert (f) end insert  For purposes of this section:

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

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

begin delete

(c)

end delete

begin insert (g) end insert  The sponsoring organization shall first obtain a permit from
the department.

begin delete

(d)

end delete

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

SEC. 2.  

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