BILL ANALYSIS Ó
AB 1425
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1425 (Governmental Organization Committee)
As Amended September 6, 2013
Majority vote
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|ASSEMBLY: |70-0 |(May 16, 2013) |SENATE: |38-0 |(September 12, |
| | | | | |2013) |
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Original Committee Reference: G.O.
SUMMARY : Requires the Department of Alcohol Beverage Control
(ABC) to post its annual report of activities on its Internet
Web site and deletes outdated references with regards to
wine-blenders. The bill allows beer or wine made for personal
or family use to be donated to a non-profit organization and
used at a fundraising event conducted by the organization,
provided that a license or permit is issued by ABC, as
specified. In addition, the bill deletes an existing tied-house
exception "sunset" pertaining to the San Francisco Symphony.
The Senate amendments :
1)Delete an existing tied-house exception "sunset" pertaining to
the San Francisco Symphony which allows specified alcohol
licenses to make monetary or alcoholic beverage contributions
to the association.
2)Authorize beer or wine made for personal or family use to be
donated to a nonprofit organization and used at a fundraising
event conducted solely by and solely for the benefit of the
nonprofit organization, as specified. Donated beer and wine
may be sold by the nonprofit organization only for consumption
on the premises of the fundraising event, under a license
issued by ABC to the nonprofit organization, as defined.
3)Require beer or wine donated to a nonprofit organization to be
labeled with designated information, and would otherwise
exempt it from complying with existing labeling requirements.
AS PASSED BY THE ASSEMBLY , this bill required ABC to post its
annual report to the Legislature on its Web site. In addition,
the bill made various code maintenance changes to existing
provisions of the Alcoholic Beverage Control Act.
AB 1425
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FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
Purpose of the bill : This is the annual Assembly Governmental
Organization Committee bill which makes technical, clarifying,
conforming, and non-controversial changes to the Alcoholic
Beverage Control Act (ABC Act).
The bill removes a sunset provision contained in a current
tied-house exemption which was granted to the San Francisco
Symphony in 2009. SB 131 (Wiggins), Chapter 638, Statutes of
2009, allowed the San Francisco Symphony (SFS) to accept
monetary contributions and alcoholic beverages from an alcohol
licensee. This tied-house exception was necessary because the
SFS also holds an on-sale retail license for a very small
portion of its facility. The possession of this retail license
prevented an alcohol licensee from providing charitable
contributions (both monetary and product) to the non-profit
symphony.
In addition, ABC has determined that current law does not allow
for home brewed wine or beer to be used at a fundraiser where a
ticket for the event must be purchased. This bill will allow
wine and beer made pursuant to current law to be donated to a
nonprofit organization for sale at a fundraising event conducted
solely by and solely for the benefit of the nonprofit
organization. The beer and wine may be sold by the nonprofit
organization only for consumption "on the premises" of the
fundraising event, under a license issued by ABC. The bill also
consolidates the beer and wine provisions noted above in the ABC
Act into one designated code section.
Prior legislation : AB 749 (Hall), Chapter 221, Statutes of
2011. Changed reporting requirements for the ABC relating to
its annual report to the Legislature to previous "fiscal year,"
instead of "calendar year."
SB 1480 (Governmental Organization Committee), Chapter 296,
Statutes of 2010. Among other things, deleted the requirement
that the Director of ABC include recommendations for legislation
in the annual ABC report to the Legislature.
AB 1425
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SB 131 (Wiggins), Chapter 638, Statutes of 2009. Created an
exception to the tied-house laws in the ABC Act that authorized
the San Francisco Symphony, which holds an on-sales liquor
license, to accept monetary and alcoholic beverage product
contributions (for free) from licensed alcoholic beverage
manufacturers.
AB 607 (Wiggins), Chapter 28, Statutes of 2008. Allowed an
individual to make up to 100 gallons of wine per year for
personal or family consumption without a license or permit if he
or she is the only adult in the household or 200 gallons per
year if there is at least one other adult in the household.
Furthermore, the bill allowed individuals to offer their wine at
fairs, exhibitions or competitions.
AB 2413 (Governmental Organization Committee), Chapter 579,
Statutes of 2002. Required ABC to include within its annual
report to the Legislature, the number and type of enforcement
activities conducted by local law enforcement agencies in
conjunction with the ABC.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
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