Amended in Assembly April 15, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1233

Introduced by Assembly Members Levine and Eggman

(Principal coauthor: Assembly Member Jones)

(Coauthors: Assembly Members Achadjian, Travis Allen, begin insert Baker, end insert Bigelow, Bloom, begin insert Bonta, Brough, end insert Chávez, Cooper, Dahle, begin insert Daly, end insert Dodd, begin insert Beth end insert begin insert  Gaines, Gallagher, Cristina end insert begin insert  Garcia, end insert Gordon, Harper, begin insert Low, end insert Maienschein, begin insert McCarty, end insert Nazarian, begin insert Olsen, end insert Patterson, begin insert Steinorth, end insert Mark Stone, begin insert Waldron, Williams, end insert and Wood)

(Coauthors: Senators begin delete Hill and end delete begin insert Galgiani, Hancock, Hill, Vidak, Wieckowski, and end insert 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 amended, 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. begin delete The act provides that a violation of its provisions is a misdemeanor, unless otherwise specified. end delete

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. begin delete By expanding the definition of a crime, this bill would impose a state-mandated local program. end delete

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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).

(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.

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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.

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