BILL NUMBER: AB 2135 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 1, 2016
PASSED THE ASSEMBLY APRIL 28, 2016
AMENDED IN ASSEMBLY APRIL 11, 2016
INTRODUCED BY Assembly Member Levine
FEBRUARY 17, 2016
An act to add Section 23300.1 to the Business and Professions
Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 2135, Levine. Alcoholic beverages: revenue sharing.
Existing law, the Alcoholic Beverage Control Act, which is
administrated by the Department of Alcoholic Beverage Control,
regulates the application, issuance, and suspension of alcoholic
beverage licenses. Existing law establishes specified types of
alcoholic beverage licenses and prescribes the rights and duties of
the respective licensees. Existing law prohibits a person from
exercising a privilege or performing any act for which a license is
required, and a violation of this prohibition a misdemeanor or a
felony, as specified.
This bill would specify that a written agreement regarding the
sharing or splitting of gross revenue from the sale of alcoholic
beverages between a licensee and a district agricultural association,
the California Exposition and State Fair, a county fair, or a citrus
fruit fair, in connection with the sale of alcoholic beverages
during a state or county fair is not the exercise of a license
privilege or performance of an act for which a license is required,
except as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23300.1 is added to the Business and
Professions Code, to read:
23300.1. (a) A written agreement regarding the sharing or
splitting of gross revenue from the sale of alcoholic beverages
between a licensee and a district agricultural association, the
California Exposition and State Fair, a county fair, or a citrus
fruit fair, in connection with the sale of alcoholic beverages during
a state or county fair is not the exercise of a license privilege or
performance of an act for which a license is required, unless the
agreement, or any other related agreement or understanding, results
in an unlicensed person exercising control or undue influence over a
licensee or the operation of a licensed business.
(b) Notwithstanding subdivision (a), all other provisions of this
division shall apply to the written agreement.