BILL ANALYSIS Ó
AB 1424
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Date of Hearing: May 8, 2013
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Hall III, Isadore, Chair
AB 1424 (Governmental Organization) - As Introduced: March 21,
2013
SUBJECT : Alcoholic beverages.
SUMMARY : Permits winegrowers and beer manufacturers to
describe the "composition" of their products, in addition to
other characteristics already permitted, when engaging in
tastings or instructional events for their licensees or
employees.
EXISTING LAW :
1) Establishes the Department of Alcoholic Beverage Control
(ABC) and grants it exclusive authority to administer the
provisions of the ABC Act in accordance with laws enacted by the
Legislature. This involves licensing individuals and businesses
associated with the manufacture, importation and sale of
alcoholic beverages in this state and the collection of license
fees for this purpose.
2) Permits a winegrower, beer manufacturer, or a beer and wine
wholesaler to instruct licensees and their employees on the
subject of wine or beer, including but not limited to, the
history, nature, values, and characteristics of those beverages,
as provided.
3) Permits an on-sale retail licensee of wine or distilled
spirits to conduct "instructional" consumer tastings on the
licensed retail premise provided the following conditions are
met: (1) no more than ounce of distilled spirits is offered in
one tasting; (2) no more than one ounce of wine is offered in
one tasting; and, (3) no more than three tastings are offered to
an individual in one day. An instruction may include the
history, nature, values and characteristics of the product being
offered, and the methods of presenting and serving the product.
4) Authorizes beer manufacturers and wholesalers to offer beer
samples (not to exceed 8 ounces per person, per day) to
individuals of legal drinking age at on-sale retail licensed
AB 1424
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premises under specified conditions.
5) Permits a licensed winegrower, manufacturer, importer, or
wholesaler to provide samples of the alcoholic beverages which
are authorized to be sold by the licensee in accordance with
rules prescribed by the ABC. A retail licensee, however, is not
authorized to provide any free samples of alcoholic beverages.
Moreover, ABC regulations provide that samples of alcoholic
beverages may only be given away to licensees or employees of
licensees who are in a position to purchase the product or who
are in need of additional information about the product, as
specified.
FISCAL EFFECT : This bill has been keyed non-fiscal by
Legislative Counsel.
COMMENTS :
According to the author's office, craft brewers are producing
award-winning beers that are recognized and purchased in
national and international markets. In addition, they have
installed tasting rooms to accommodate consumers and to
facilitate tourism and economic growth in their local
communities. The author's office notes that craft breweries
have also taken advantage of expanded opportunities for on-site
beer tastings at restaurants and bars. During such tasting
events, consumers usually inquire as to the actual "composition"
of the beers - they are also curious about specific ingredients
due to various gastronomic interests or food allergies. The
author's office claims that existing law does not explicitly
permit a response to questions relating to "composition" of the
beer. AB 1425 is simply intended to affirmatively provide that
authority.
This bill will be consistent with the state's economic recovery
goals and promotion of California businesses and their
increasingly popular products to local, national and
international markets.
Prior legislation : AB 605 (Portantino) Chapter 230, Statutes of
2010. Authorizes ABC to issue to the holder of an "off-sale"
retail license an "instructional tasting license" for the
purpose of furnishing tastings of alcoholic beverages to
consumers, subject to certain limitations.
AB 1424
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AB 2293 (De Leon) Chapter 638, Statutes of 2008. Permits
distilled spirits manufacturers and winegrowers to provide their
product offerings directly to consumers (free of charge) during
invitation-only events on premises for which a caterer's permit
authorization has been issued.
SB 1548 (Murray) Chapter 670, Statutes of 2006. Authorized beer
manufacturers and wholesalers to offer beer samples (not to
exceed 8 ounces per person, per day) to individuals of legal
drinking age at on-sale retail licensed premises under specified
conditions.
AB 2285 (V. Brown) Chapter 248, Statutes of 1998. Allowed
on-sale retail licensees to offer limited tastings of wine or
distilled spirits at the licensed establishment.
SB 993 (Burton) Chapter 544, Statutes of 1997. Among other
things, authorized a licensed distilled spirits manufacturer to
conduct tastings of distilled spirits on the licensed premises
under specified conditions.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531