AB 1425, as amended, Committee on Governmental Organization. Alcoholic beverages.
(1) Under existing law, the Alcoholic Beverage Control Act is administered by the Department of Alcoholic Beverage Control. Existing law requires the department to make an annual report to the Legislature on the department’s activities, on or before March 1 of each year.
This bill would require the department to post the report on its Internet Web site.
Existing law prohibits a licensed wine blender from owning or holding, directly or indirectly, a retailer’s license. Existing law also provides that a wine blender’s license does not authorize specified wine tasting activities.
This bill would remove obsolete references from these provisions.
Fiscal committee: yes.
State-mandated local program:
begin deleteno end delete.
The people of the State of California do enact as follows:
Section 23055 of the Business and Professions
2Code is amended to read:
On or before March 1 of each year, the director shall
4prepare and submit to the Legislature an annual report on the
5department’s activities and post the report on the department’s
6Internet Web site. The report shall include, but not be limited to,
7the following information for the previous fiscal year:
8(a) The amount of funds allocated and spent by the department
9for licensing, enforcement, and administration.
10(b) The number of licenses issued, renewed, denied, suspended,
11and revoked, by license category.
12(c) The average time for processing license applications, by
14(d) The number and type of enforcement activities conducted
15by the department and by local law enforcement agencies in
16conjunction with the department.
17(e) The number, type, and amount of penalties, fines, and other
18disciplinary actions taken by the department.
(a) No license or permit shall be required for the
22manufacture of beer for personal or family use, and not
23for sale, by a person over 21 years of age. The aggregate amount
24of beer with respect to any household shall not exceed (1)
25200 gallons per calendar year if there are two or more adults in
26the household or (2) 100 gallons per calendar year if there is only
27one adult in the household.
28(b) No license or permit shall be required for the manufacture
29of wine for personal or family use, and not for sale, by a person
30over 21 years of age. The aggregate amount of wine with respect
31to any household shall not exceed (1) 200 gallons per calendar
32year if there are two or more adults in the household or (2) 100
33gallons per calendar year if there is only one adult in the household.
34(c) Any beer manufactured pursuant to this section may be
35removed from the premises where manufactured for use in
36competition at organized affairs, exhibitions, or competitions,
37including homemakers’ contests, tastings, or judgings.
P4 1(d) Any wine made pursuant to this section may be removed
2from the premises where made for personal or family use, including
3use at organized affairs, exhibitions, or competitions, such as
4homemakers’ contests, tastings, or judgings. Wine used under this
5section shall not be sold or offered for sale.
36(e) Except as provided herein, nothing in this section authorizes
37any activity in violation of Section 23300, 23355, or 23399.1.
Section 23356.8 of the Business and Professions Code
40 is amended to read:
A licensed wine blender shall not be issued and shall
2not own or hold, directly or indirectly, any retailer’s license, nor
3shall the holder of a retailer’s license be issued or own or hold,
4directly or indirectly, a wine blender’s license, or own or hold any
5interest in a wine blender’s license.
Section 23356.9 of the Business and Professions Code
8 is amended to read:
A wine blender’s license does not authorize
10winetasting activities or the conducting or sponsoring of wine
11tastings either on or off the wine blender’s licensed premises.
(a) Notwithstanding any other provision of this
15division, a beer manufacturer, holder of a winegrower’s license,
16a California winegrower’s agent, a distilled spirits manufacturer,
17holder of a distilled spirits rectifiers general license, a distilled
18spirits manufacturer’s agent, and a licensed retailer may make
19monetary contributions or alcoholic beverage contributions of the
20type that licensee is authorized to sell to a symphony association,
21if all the following conditions are met:
22(1) The symphony association is a nonprofit charitable
23corporation or association exempt from payment of income taxes
24under the provisions of the Internal Revenue Code of the United
25States and Chapter 4 (commencing with Section 23701) of Part
2611 of Division 2 of the Revenue and Taxation Code.
27(2) The symphony association has been incorporated in the City
28and County of San Francisco by and through its predecessor
29organizations for not less than 99 years and produces not less than
30175 musical events open to the general public per symphony
32(3) The symphony association holds a retail on-sale license in
33a portion of its premises, provided that no contribution shall be
34used in or for the benefit of the symphony association’s retail
36(4) The contribution shall not be conditioned directly or
37indirectly, in any way, on the purchase, sale, or distribution of any
38alcoholic beverage manufactured or distributed by the beer
39manufacturer, holder of a winegrower’s license, California
40winegrower’s agent, distilled spirits manufacturer, holder of a
P6 1distilled spirits rectifiers general license, a distilled spirits
2manufacturer’s agent, or a licensed retailer by the symphony
4(b) The symphony association shall serve other brands of beer
5distributed by a competing beer wholesaler in addition to the brand
6manufactured or marketed by the contributing beer manufacturer,
7other brands of wine distributed by a competing wine wholesaler
8in addition to the brand produced or marketed by the contributing
9winegrower or California winegrower’s agent, and other brands
10of distilled spirits distributed by a competing distilled spirits
11wholesaler in addition to the brand manufactured or marketed by
12the contribution distilled spirits manufacturer or distilled spirits
14(c) For purposes of this section, “beer manufacturer” includes
15a holder of a beer manufacturer’s license, a holder of an out-of-state
16beer manufacturer’s certificate, or a holder of a beer and wine
17importer’s general license.
18(d) The Legislature finds that it is necessary and proper to
19require a separation between manufacturing interests, wholesale
20interests, and retail interests in the production and distribution of
21alcoholic beverages in order to prevent suppliers from dominating
22local markets through vertical integration and to prevent excessive
23sales of alcoholic beverages produced by overly aggressive
24marketing techniques. The Legislature further finds that the
25exceptions established by this section to the general prohibition
26against tied interests must be limited to their express terms so as
27not to undermine the general prohibition, and intends that this
28section be construed accordingly.
29(e) This section shall remain in effect only until December 31,
302014, and as of that date is repealed.