Amended in Assembly May 1, 2014

Amended in Assembly April 2, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2488

Introduced by Assembly Member Levine

begin insert

(Coauthors: Assembly Members Achadjian, Bigelow, Campos, Chesbro, Cooley, Dababneh, Gray, Hall, Roger Hernández, Jones, Jones-Sawyer, Medina, Nestande, Perea, V. Manuel Pérez, Salas, Waldron, and Wilk)

end insert

February 21, 2014

An act to amend Section 23399.4 of the Business and Professions Code, relating to alcoholic beverages begin insert , and declaring the urgency thereof, to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 2488, as amended, Levine. Alcoholic beverages: certified farmers’ market sales permit.

The Alcoholic Beverage Control Act permits the Department of Alcoholic Beverage Control to issue special temporary licenses and permits to various entities for limited purposes. The act permits the department to issue a certified farmers’ market sales permit that authorizes a licensee under a winegrower’s license, a member of the licensee’s family, or an employee of the licensee to sell wine produced and bottled by the winegrower at certified farmers’ market locations, under specified conditions. The act provides that a violation of its provisions is a misdemeanor, unless otherwise specified.

This bill would specify that, pursuant to the certified farmers’ market sales permit, the licensee may only sell wine that is produced entirely from grapes or other agricultural products grown by the winegrower and that is bottled by the winegrower. This bill would require the certified farmers’ market sales permit to authorize the begin delete licensee also end delete begin insert licensee, a member of the licensee’s family, or an employee of the licensee end insert to conduct an instructional tasting event on the subject of wine at a certified farmers’ market, subject to certain conditions.

By expanding the definition of an existing 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.

begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 23399.4 of the Business and Professions
Code is amended to read:

23399.4.  

(a) A licensed winegrower may apply to the
department for a certified farmers’ market sales permit. A certified
farmers’ market sales permit shall authorize the licensee, a member
of the licensee’s family, or an employee of the licensee to sell wine
at a certified farmers’ market at any place in the state approved by
the department. The licensee may only sell wine that is produced
entirely from grapes or other agricultural products grown by the
winegrower and that is bottled by the winegrower. In addition, the
permit will allow an instructional tasting event by the licensee on
the subject of wine at a certified farmers’ market. The permit may
be issued for up to 12 months but shall not be valid for more than
one day a week at any single specified certified farmers’ market
location. A winegrower may hold more than one certified farmers’
market sales permit. The department shall notify the city, county,
or city and county and applicable law enforcement agency where
the certified farmers’ market is to be held of the issuance of the
permit. A “certified farmers’ market” means a location operated
in accordance with Chapter 10.5 (commencing with Section 47000)
of Division 17 of the Food and Agricultural Code, and the
regulations adopted pursuant thereto.

(b) (1) An instructional tasting event is subject to the
authorization and managerial control of the operator of the certified
farmers’ market. The licensee, a member of the licensee’s family,
or an employee of the licensee may conduct an instructional tasting
event for consumers on the subject of wine at a certified farmers’
market.

(2) (A) At all times during an instructional tasting event, the
instructional tasting event area shall be separated from the
remainder of the market by a wall, rope, cable, cord, chain, fence,
or other permanent or temporary barrier. Only one licensee may
conduct an instructional tasting event during the operational hours
of any one certified farmers’ market.

(B) The licensee shall not permit any consumer to leave the
instructional tasting area with an open container of wine.

(c) The licensee shall not pour more than three ounces of wine
per person per day.

(d) The licensed winegrower eligible for the certified farmers’
market sales permit shall not sell more than 5,000 gallons of wine
annually pursuant to all certified farmers’ market sales permits
held by any single winegrower. The licensed winegrower shall
report total certified farmers’ market wine sales to the department
on an annual basis. The report may be included within the annual
report of production submitted to the department, or pursuant to
any regulation as may be prescribed by the department.

(e) Except as otherwise provided in this division or by the rules
of the department, no premium, gift, free goods, or other thing of
value shall be given away by begin delete an authorized licensee or its
designated representative end delete begin insert the licensee, a member of the licensee’s
family, or an employee of the licensee end insert in connection with an
instructional tasting event conducted pursuant to this section that
includes tastings of wine.

(f) The fee for any permit issued pursuant to this section shall
be fifty dollars ($50), subject to adjustment pursuant to subdivisions
(b) and (c) of Section 23320.

(g) All money collected as fees pursuant to this section shall be
deposited in the Alcohol Beverage Control Fund as provided in
Section 25761.

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.

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order to help certified farmers’ market sales during the
current season, it is necessary that this act take effect immediately.

end insert