AB 780, as introduced, Williams. Alcoholic beverages: tied-house restrictions: on-sale retailers advertising.
The Alcoholic Beverage Control Act generally prohibits a manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, or wholesaler from furnishing or lending money or other thing of value to a person engaged in operating, owning, or maintaining an on-sale licensed premises. The act provides that the listing of the names, addresses, telephone numbers, email addresses, Internet Web site addresses, or other electronic media, of 2 or more unaffiliated on-sale retailers selling beer, wine, or distilled spirits, as specified, in response to a direct inquiry from a consumer, as specified, does not constitute a thing of value or prohibited inducement, if specified conditions are met. The act includes among those conditions the requirement that the listing not refer to only one on-sale retailer or only to on-sale retail establishments controlled by the same retailer.
This bill would broaden the exception described above by removing the requirement that the listing refer to two or more unaffiliated retailers or be in response to a direct inquiry, as specified. The bill would also remove the condition that the listing not refer to only one on-sale retailer or only to on-sale retail establishments controlled by the same retailer.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 25500.1 of the Business and Professions
2Code is amended to read:
(a)begin insert end insert The listing of the names, addresses, telephone
4numbers, email addresses, or Internet Web site addresses, or other
5electronic media, ofbegin delete two or more unaffiliatedend delete on-sale retailers
6selling beer, wine, or distilled spirits produced, distributed, or
7imported by a nonretail industry memberbegin delete in response to a direct does not constitute a thing of value
8inquiry from a consumer received by telephone, by mail, by
9electronic inquiry, or in personend delete
10or prohibited inducement to the listed on-sale retailer, provided
11all of the following conditions are met:
12(1) The listing does not also contain the retail price of the
13product.
14(2) The listing is the only reference to the on-sale retailers in
15the direct communication.
16(3) The listing does not refer only to one on-sale retailer or only
17to on-sale retail establishments controlled directly or indirectly by
18the same on-sale retailer.
19(4)
end delete
20begin insert(3)end insert The listing is made by, or produced by, or paid for,
21exclusively by the nonretail industry
memberbegin delete making the responseend delete.
22(b) For the purposes of this section, “nonretail industry member”
23is defined as a manufacturer, including, but not limited to, a beer
24manufacturer, winegrower, or distiller of alcoholic beverages or
25an agent of that entity, or a wholesaler, regardless of any other
26licenses held directly or indirectly by that person.
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