AB 1233, as introduced, Levine. Distilled spirits manufacturers: licenses: sale on premises tastings.
The Alcoholic Beverage Control Act authorizes a licensed distilled spirits manufacturer to conduct tastings of distilled spirits produced or bottled by, or produced or bottled for, the licensee, on the licensed premises, under specified conditions. The act provides that a violation of its provisions is a misdemeanor, unless otherwise specified.
This bill additionally would permit the licensee to sell up to 3 bottles of product authorized to be produced or bottled by or for the licensee to each person at a tasting on the licensee’s premises, as specified. By expanding the definition of a 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 23363.1 of the Business and Professions
2Code is amended to read:
(a) A distilled spirits manufacturer’s license
4authorizes the licensee to conduct tastings of distilled spirits
5produced or bottled by, or produced or bottled for, the licensee,
6on or off the licensee’s premises.
7(b) (1) Distilled spirits tastings may be conducted by the
8licensee off the licensee’s premises only for an event sponsored
9by a nonprofit organization. A distilled spirits manufacturer shall
10not sell or solicit sales of distilled spirits at such event. The
11sponsoring organization shall first obtain a permit from the
12department.
13(2) For purposes of this subdivision, “nonprofit organization”
14does not include any community college or other institution of
15higher learning,
as defined in the Education Code, nor does it
16include any officially recognized club, fraternity, or sorority,
17whether or not that entity is located on or off the institution’s
18campus.
19(c) Tastings on the licensee’s premises shall be subject to the
20following conditions:
21(1) Tastings of distilled spirits shall not exceed one-fourth of
22one ounce and shall be limited to no more than six tastes per
23individual per day.
24(2) Tastings shall only include the products that are authorized
25to be produced or bottled by or for the licensee.
26(3) A person under 21 years of age shall not serve tastes of
27distilled spirits.
28(4) Tastings of distilled spirits shall not be given in the form of
29a cocktail or a
mixed drink.
30(d) Notwithstanding Section 25600, the licensee may provide
31distilled spirits without charge for any tastings conducted pursuant
32to this section. The licensee may charge for tastings conducted by
33the licensee on its licensed premises.
P3 1(e) The licensee may sell up to three bottles of product
2authorized to be produced or bottled by or for the licensee to each
3person at a tasting conducted on the licensee’s premises pursuant
4to subdivision (c).
5(e)
end delete
6begin insert(f)end insert This section shall not relieve the holder of a distilled spirits
7manufacturer’s license of any civil or criminal liability arising out
8of a violation of Section 25602.
No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.
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