Amended in Assembly April 15, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 569

Introduced by Assembly Member Linder

February 24, 2015

An act to amend begin delete Sections end delete begin insert Section end insert 24045.1 begin delete and 25633 end delete of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL’S DIGEST

AB 569, as amended, Linder. Alcoholic beverages: delivery.

The Alcoholic Beverage Control Act provides that alcoholic beverages may not be delivered to on-sale and off-sale licensees on Sunday or on any other day except between the hours of 3 a.m. and 8 p.m., and further provides that a violation of this provision is a misdemeanor.

This bill would allow beer wholesalers and begin insert certain end insert beer manufacturers to deliver begin delete beer end delete begin insert beer, as specified, end insert to daily on-sale general licensees between the hours of begin delete 8 end delete begin insert 6 end insert a.m. and begin delete 8 end delete begin insert 2 end insert p.m. on Sunday. begin delete The bill would make conforming technical changes. end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 24045.1 of the Business and Professions
Code is amended to read:

24045.1.  

(a) The department, in its discretion, may issue on a
temporary basis a daily on-sale general license and the fee for the
license shall be twenty-five dollars ($25) per day. The license
authorizes the sale of distilled spirits, wine, and beer for
consumption on the premises where sold, and off-sale privileges
shall not be exercised under the license. A daily on-sale general
license may only be issued to a political party or affiliate supporting
a candidate for public office or a ballot measure, an organization
formed for a specific charitable or civic purpose, a fraternal
organization in existence for over five years with a regular
membership, or a religious organization. Distilled spirits sold under
a daily on-sale general license shall have been purchased at retail
from the holder of an off-sale general license.

(b)  begin delete (1) end delete begin delete   end delete In addition to the hours and days specified in Section
25633, a beer wholesaler may deliver begin delete beer end delete begin insert beer, or a beer
manufacturer that is authorized to sell beer pursuant to Section
23357 may deliver beer it has produced, end insert between the hours of begin delete 8 end delete
begin insert 6 end insert a.m. and begin delete 8 end delete begin insert 2 end insert p.m. on Sunday to a daily on-sale general licensee.

begin delete

(2) In addition to the hours and days specified in Section 25633,
a beer manufacturer may deliver beer that it produced pursuant to
Section 23357 between the hours of 8 a.m. and 8 p.m. on Sunday
to a daily on-sale general licensee.

end delete

(c) The department may adopt such rules as it determines to be
necessary to implement and administer the provisions of this
section, including, but not limited to, limitations on the number
of times during any calendar year a qualified organization may be
issued a license provided for by this section.

(d) The provisions of Article 2 (commencing with Section
23815) of Chapter 5 and Article 2 (commencing with Section
23985) of Chapter 6 of this division shall not be applicable to the
licenses provided for by this section.

begin delete

SEC. 2.  

Section 25633 of the Business and Professions Code
is amended to read:

25633.  

Except as otherwise provided in this section and
subdivision (b) of Section 24045.1, a person licensed as a
manufacturer, winegrower, distilled spirits manufacturer’s agent,
rectifier, or wholesaler of any alcoholic beverage shall not deliver
or cause to be delivered any alcoholic beverage to or for any person
holding an on-sale or off-sale license on Sunday or except between
the hours of 3 a.m. and 8 p.m. of any day other than Sunday. Any
alcoholic beverage may be delivered at the platform of the
manufacturing, producing, or distributing plant at any time.
Nothing contained in this section prohibits the transportation or
the carriage and delivery in transit at any time of an alcoholic
beverage between the premises of a manufacturer, winegrower,
wholesaler, distiller, importer, or any of them. A person violating
the provisions of this section is guilty of a misdemeanor.

end delete