BILL NUMBER: AB 1233 INTRODUCED BILL TEXT INTRODUCED BY Assembly Members Levine and Eggman (Principal coauthor: Assembly Member Jones) (Coauthors: Assembly Members Achadjian, Travis Allen, Bigelow, Bloom, Chávez, Cooper, Dahle, Dodd, Gordon, Harper, Maienschein, Nazarian, Patterson, Mark Stone, and Wood) (Coauthors: Senators Hill and Wolk) FEBRUARY 27, 2015 An act to amend Section 23363.1 of the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGEST 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 1. Section 23363.1 of the Business and Professions Code is amended to read: 23363.1. (a) A distilled spirits manufacturer's license authorizes the licensee to conduct tastings of distilled spirits produced or bottled by, or produced or bottled for, the licensee, on or off the licensee's premises. (b) (1) Distilled spirits tastings may be conducted by the licensee off the licensee's premises only for an event sponsored by a nonprofit organization. A distilled spirits manufacturer shall not sell or solicit sales of distilled spirits at such event. The sponsoring organization shall first obtain a permit from the department. (2) For purposes of this subdivision, "nonprofit organization" does not include any community college or other institution of higher learning, as defined in the Education Code, nor does it include any officially recognized club, fraternity, or sorority, whether or not that entity is located on or off the institution's campus. (c) Tastings on the licensee's premises shall be subject to the following conditions: (1) Tastings of distilled spirits shall not exceed one-fourth of one ounce and shall be limited to no more than six tastes per individual per day. (2) Tastings shall only include the products that are authorized to be produced or bottled by or for the licensee. (3) A person under 21 years of age shall not serve tastes of distilled spirits. (4) Tastings of distilled spirits shall not be given in the form of a cocktail or a mixed drink. (d) Notwithstanding Section 25600, the licensee may provide distilled spirits without charge for any tastings conducted pursuant to this section. The licensee may charge for tastings conducted by the licensee on its licensed premises. (e) The licensee may sell up to three bottles of product authorized to be produced or bottled by or for the licensee to each person at a tasting conducted on the licensee's premises pursuant to subdivision (c).(e)(f) This section shall not relieve the holder of a distilled spirits manufacturer's license of any civil or criminal liability arising out of a violation of Section 25602. 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.