Amended in Senate May 10, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2172

Introduced by Assembly Member Jones

February 18, 2016

An act to amend Section 23356.2 of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL’S DIGEST

AB 2172, as amended, Jones. Homebrewery clubs: begin delete meetings. end delete begin insert meetings: competitions. end insert

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 begin insert or home brewed beer competition end insert 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 begin insert or competition end insert and would require tables used for the meeting begin insert or competition end insert 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 1.  

Section 23356.2 of the Business and Professions
Code is amended to read:

23356.2.  

(a) No license or permit shall be required for the
manufacture of beer or wine for personal or family use, and not
for sale, by a person over 21 years of age. The aggregate amount
of beer or wine with respect to any household shall not exceed (1)
100 gallons per calendar year if there is only one adult in the
household or (2) 200 gallons per calendar year if there are two or
more adults in the household.

(b) Beer or wine produced pursuant to this section may be
removed from the premises where made only under any of the
following circumstances:

(1) For use, including in a bona fide competition or judging or
a bona fide exhibition or tasting.

(2) For personal or family use.

(3) When donated to a nonprofit organization for use as provided
in subdivision (c) or (d).

(4) Beer or wine produced pursuant to this section may only be
provided or served to the public pursuant to paragraphs (1) and
(3) within a clearly identified area, that includes, but is not limited
to, a physical barrier with a monitored point of entry. Beer or wine
produced by a beer manufacturer or winegrower as defined in
Sections 23012 and 23013, respectively, and licensed by the
department, shall not be provided or served to the public within
this area.

(5) (A) Beer produced pursuant to this section may be removed
from the premises where made in connection with a homebrewers
club meeting begin insert or bona fide home brewed beer competition end insert that is
held on the premises of an authorized licensee. Homebrewers may
exchange containers of home brewed beer during the club begin delete meeting. end delete
begin insert meeting or bona fide home brewed beer competition. end insert Home brewed
beer made by the club members may be consumed by club
members while on the licensed premises during the club begin delete meeting. end delete
begin insert meeting or by competition organizers, competition judges, and
competition stewards on licensed premises during a bona fide
home brewed beer competition. end insert Patrons of the authorized licensee
that are not club begin delete members end delete begin insert members, competition organizers,
competition judges, or competition stewards end insert shall not consume
any home brewed beer.

(B) The authorized licensee shall designate, by signage or other
item, which tables within the licensed premises shall be used by
club members during the club begin delete meeting. end delete begin insert meeting or bona fide home
brewed beer competition. end insert

(C) For purposes of this paragraph, “authorized licensee” means
a licensee that holds begin insert an on-sale beer license, end insert an on-sale beer and
wine license for a bona fide public eating place, begin insert an on-sale beer
and wine for public premises license, end insert an on-sale general license
for a bona fide eating place, a club license, begin insert a veterans’ club license, end insert
an on-sale general brew pub license, an instructional tasting license,
a beer manufacturer’s license, or a small beer manufacturer’s
license.

(c) (1) Beer or wine produced pursuant to this section may be
donated to a nonprofit organization for sale at fundraising events
conducted solely by and for the benefit of the nonprofit
organization. Beer and wine donated pursuant to this subdivision
may be sold by the nonprofit organization only for consumption
on the premises of the fundraising event, under a license issued
by the department to the nonprofit organization pursuant to this
division.

(2) Beer or wine donated and sold pursuant to this subdivision
shall bear a label identifying its producer and stating that the beer
or wine is homemade and not available for sale or for consumption
off the licensed premises. The beer or wine is not required to
comply with other labeling requirements under this division.
However, nothing in this paragraph authorizes the use of any false
or misleading information on a beer or wine label.

(3) A nonprofit organization established for the purpose of
promoting home production of beer or wine, or whose membership
is composed primarily of home brewers or home winemakers, shall
not be eligible to sell beer pursuant to this subdivision.

(d) A nonprofit organization established for the purpose of
promoting home production of beer shall be eligible to serve beer
at a fundraising event conducted solely for the benefit of the
nonprofit organization pursuant to this subdivision, subject to the
following conditions:

(1) The beer that is served is donated by home brewers.

(2) The nonprofit organization shall be issued no more than two
permits per calendar year for the serving of beer pursuant to this
subdivision.

(3) The nonprofit organization shall display a printed notice at
the event that states that home brewed beer is not a regulated
product subject to health and safety standards.

(4) The event shall have an educational component that includes
instruction on the subject of beer, including, but not limited to, the
history, nature, values, and characteristics of beer, the use of beer
lists, and the methods of presenting and serving beer.

(5) Only bona fide members of the nonprofit organization may
attend the event.

(6) The nonprofit organization shall not solicit or sign up
individuals to be members of the nonprofit organization on the
day of the event at the event premises.

(7) The nonprofit organization shall provide the department
with the number of members that have registered for the event and
the estimated number that will be in attendance, 48 hours before
the event. This paragraph shall apply only if more than 50 members
are expected to be in attendance at the event.

(e) Except as provided in subdivision (c), this section does not
authorize the sale or offering for sale by any person of any beer
or wine produced pursuant to this section.

(f) Except as provided herein, nothing in this section authorizes
any activity in violation of Section 23300, 23355, or 23399.1.