AB 2172, as introduced, Jones. Homebrewery clubs: meetings.
Existing law authorizes a person to manufacture beer or wine for personal or family use without the need for a license or permit, as provided. Existing law authorizes the removal of beer or wine from the premises where made for personal or family use, for specified purposes, including at bona fide competitions or exhibitions.
This bill would permit the removal and use of home brewed beer in connection with a club meeting held on the premises of an authorized licensee. The bill would also permit club members to exchange and consume home brewed beer at this type of meeting and would require tables used for the meeting to be designated by the authorized licensee, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 23356.2 of the Business and Professions
2Code is amended to read:
(a) No license or permit shall be required for the
4manufacture of beer or wine for personal or family use, and not
P2 1for sale, by a person over 21 years of age. The aggregate amount
2of beer or wine with respect to any household shall not exceed (1)
3100 gallons per calendar year if there is only one adult in the
4household or (2) 200 gallons per calendar year if there are two or
5more adults in the household.
6(b) Beer or wine produced pursuant to this section may be
7removed from the premises where made only under any of the
8following circumstances:
9(1) For use, including in a bona fide competition or judging or
10a bona fide exhibition or tasting.
11(2) For personal or family use.
12(3) When donated to a nonprofit organization for use as provided
13in subdivision (c) or (d).
14(4) Beer or wine produced pursuant to this section may only be
15provided or served to the public pursuant to paragraphs (1) and
16(3) within a clearly identified area, that includes, but is not limited
17to, a physical barrier with a monitored point of entry. Beer or wine
18produced by a beer manufacturer or winegrower as defined in
19Sections 23012 and 23013, respectively, and licensed by the
20department, shall not be provided or served to the public within
21this area.
22(5) (A) Beer produced pursuant to this section may be removed
23from the premises where made in connection with a
homebrewers
24club meeting that is held on the premises of an authorized licensee.
25Homebrewers may exchange containers of home brewed beer
26during the club meeting. Home brewed beer made by the club
27members may be consumed by club members while on the licensed
28premises during the club meeting. Patrons of the authorized
29licensee that are not club members shall not consume any home
30brewed beer.
31(B) The authorized licensee shall designate, by signage or other
32item, which tables within the licensed premises shall be used by
33club members during the club meeting.
34(C) For purposes of this paragraph, “authorized licensee”
35means a licensee that holds an on-sale beer and wine
license for
36a bona fide public eating place, an on-sale general license for a
37bona fide eating place, a club license, an on-sale general brew
38pub license, an instructional tasting license, a beer manufacturer’s
39license, or a small beer manufacturer’s license.
P3 1(c) (1) Beer or wine produced pursuant to this section may be
2donated to a nonprofit organization for sale at fundraising events
3conducted solely by and for the benefit of the nonprofit
4organization. Beer and wine donated pursuant to this subdivision
5may be sold by the nonprofit organization only for consumption
6on the premises of the fundraising event, under a license issued
7by the department to the nonprofit organization pursuant to this
8division.
9(2) Beer or wine donated and sold pursuant to this subdivision
10shall bear a label identifying its producer and stating that the beer
11
or wine is homemade and not available for sale or for consumption
12off the licensed premises. The beer or wine is not required to
13comply with other labeling requirements under this division.
14However, nothing in this paragraph authorizes the use of any false
15or misleading information on a beer or wine label.
16(3) A nonprofit organization established for the purpose of
17promoting home production of beer or wine, or whose membership
18is composed primarily of home brewers or home winemakers, shall
19not be eligible to sell beer pursuant to this subdivision.
20(d) A nonprofit organization established for the purpose of
21promoting home production of beer shall be eligible to serve beer
22at a fundraising event conducted solely for the benefit of the
23nonprofit organization pursuant to this subdivision, subject to the
24following conditions:
25(1) The beer that is served is donated by home brewers.
26(2) The nonprofit organization shall be issued no more than two
27permits per calendar year for the serving of beer pursuant to this
28subdivision.
29(3) The nonprofit organization shall display a printed notice at
30the event that states that home brewed beer is not a regulated
31product subject to health and safety standards.
32(4) The event shall have an educational component that includes
33instruction on the subject of beer, including, but not limited to, the
34history, nature, values, and characteristics of beer, the use of beer
35lists, and the methods of presenting and serving beer.
36(5) Only bona fide members of the nonprofit organization may
37attend the event.
38(6) The nonprofit organization shall not solicit or sign up
39individuals to be members of the nonprofit organization on the
40day of the event at the event premises.
P4 1(7) The nonprofit organization shall provide the department
2with the number of members that have registered for the event and
3the estimated number that will be in attendance, 48 hours before
4the event. This paragraph shall apply only if more than 50 members
5are expected to be in attendance at the event.
6(e) Except as provided in subdivision (c), this section does not
7authorize the sale or offering for sale by any person of any beer
8or wine produced pursuant to this section.
9(f) Except as provided herein, nothing in this section authorizes
10any activity in violation of Section 23300, 23355, or
23399.1.
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