AB 780, as amended, 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 listingbegin delete refer to two or more unaffiliated retailers orend delete be in response to a direct inquiry, as specified.begin delete 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.end deletebegin insert The bill would also permit the listing of contact information for off-sale retailers and would make conforming changes to reflect this inclusion.end insert
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) The listing of the names, addresses, telephone
4numbers, email addresses, or Internet Web site addresses, or other
5electronic media, ofbegin insert two or more unaffiliatedend insert on-salebegin insert or off-saleend insert
6 retailers selling beer, wine, or distilled spirits produced, distributed,
7or imported by a nonretail industry member does not constitute a
8thing of value or prohibited inducement to the listed on-salebegin insert or
9off-saleend insert retailer, provided all of the following conditions are met:
10(1) The listing does not also contain the retail price of the
11product.
12(2) The listing is the only reference to the on-salebegin insert or off-saleend insert
13 retailers in the direct communication.
14(3) The listing does not refer only to one on-sale or off-sale
15retailer or only to on-sale or off-sale retail establishments
16controlled directly or indirectly by the same retailer.
17(3)
end delete
18begin insert(4)end insert The listing is madebegin delete byend delete, or producedbegin delete byend delete, or paid for,
19exclusively by the nonretail industry member.
20(b) For the purposes of this section, “nonretail industry member”
21is defined as a manufacturer, including, but not limited to, a beer
22manufacturer, winegrower, or distiller of alcoholic beverages or
23an agent of that entity, or a wholesaler, regardless of any other
24licenses held directly or indirectly by that person.
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