AB 2172, as amended, Jones. Homebrewery clubs: meetings: competitions.
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 or home brewed beer competition 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 ofbegin delete meeting or competitionend deletebegin insert meeting, would allow specified persons to consume home brewed
beer during a competition,end insert and would require tables used for the meeting or competition 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
5for sale, by a person over 21 years of age. The aggregate amount
6of beer or wine with respect to any household shall not exceed (1)
7100 gallons per calendar year if there is only one adult in the
8household or (2) 200 gallons per calendar year if there are two or
9more adults in the household.
10(b) Beer or wine produced pursuant to this section may be
11removed from the premises where made only under any of the
12following circumstances:
13(1) For use, including in a bona fide competition or judging or
14a bona fide
exhibition or tasting.
15(2) For personal or family use.
16(3) When donated to a nonprofit organization for use as provided
17in subdivision (c) or (d).
18(4) Beer or wine produced pursuant to this section may only be
19provided or served to the public pursuant to paragraphs (1) and
20(3) within a clearly identified area, that includes, but is not limited
21to, a physical barrier with a monitored point of entry. Beer or wine
22produced by a beer manufacturer or winegrower as defined in
23Sections 23012 and 23013, respectively, and licensed by the
24department, shall not be provided or served to the public within
25this area.
26(5) (A) Beer produced pursuant to
this section may be removed
27from the premises where made in connection with a homebrewers
28club meeting or bona fide home brewed beer competition that is
29held on the premises of an authorized licensee. Homebrewers may
30exchange containers of home brewed beer during the club meeting
31or bona fide home brewed beer competition. Home brewed beer
32made by the club members may be consumed by club members
33while on the licensed premises during the club meeting or by
34 competition organizers, competition judges, and competition
35stewards on licensed premises during a bona fide home brewed
36beer competition. Patrons of the authorized licensee that are not
37club members, competition organizers, competition judges, or
38competition stewards shall not consume any home brewed beer.
P3 1(B) The authorized licensee shall designate, by signage or other
2item,
which tables within the licensed premises shall be used by
3club members during the club meeting or bona fide home brewed
4beer competition.
5(C) For purposes of this paragraph, “authorized licensee” means
6a licensee that holds an on-sale beer license, an on-sale beer and
7wine license for a bona fide public eating place, an on-sale beer
8and wine for public premises license, an on-sale general license
9for a bona fide eating place, a club license, a veterans’ club license,
10an on-sale general brew pub license,begin delete an instructional tasting license,end delete
11begin insert an on-sale general license for public premises,end insert a beer
12manufacturer’s license, or a small beer manufacturer’s license.
13(c) (1) Beer or wine produced pursuant to this section may be
14donated to a nonprofit organization for sale at fundraising events
15conducted solely by and for the benefit of the nonprofit
16organization. Beer and wine donated pursuant to this subdivision
17may be sold by the nonprofit organization only for consumption
18on the premises of the fundraising event, under a license issued
19by the department to the nonprofit organization pursuant to this
20division.
21(2) Beer or wine donated and sold pursuant to this subdivision
22shall bear a label identifying its producer and stating that the beer
23
or wine is homemade and not available for sale or for consumption
24off the licensed premises. The beer or wine is not required to
25comply with other labeling requirements under this division.
26However, nothing in this paragraph authorizes the use of any false
27or misleading information on a beer or wine label.
28(3) A nonprofit organization established for the purpose of
29promoting home production of beer or wine, or whose membership
30is composed primarily of home brewers or home winemakers, shall
31not be eligible to sell beer pursuant to this subdivision.
32(d) A nonprofit organization established for the purpose of
33promoting home production of beer shall be eligible to serve beer
34at a fundraising event conducted solely for the benefit of the
35nonprofit organization pursuant to
this subdivision, subject to the
36following conditions:
37(1) The beer that is served is donated by home brewers.
38(2) The nonprofit organization shall be issued no more than two
39permits per calendar year for the serving of beer pursuant to this
40subdivision.
P4 1(3) The nonprofit organization shall display a printed notice at
2the event that states that home brewed beer is not a regulated
3product subject to health and safety standards.
4(4) The event shall have an educational component that includes
5instruction on the subject of beer, including, but not limited to, the
6history, nature, values, and characteristics of beer, the use of beer
7lists, and the methods of
presenting and serving beer.
8(5) Only bona fide members of the nonprofit organization may
9attend the event.
10(6) The nonprofit organization shall not solicit or sign up
11individuals to be members of the nonprofit organization on the
12day of the event at the event premises.
13(7) The nonprofit organization shall provide the department
14with the number of members that have registered for the event and
15the estimated number that will be in attendance, 48 hours before
16the event. This paragraph shall apply only if more than 50 members
17are expected to be in attendance at the event.
18(e) Except as provided in subdivision (c), this section does not
19authorize the sale or
offering for sale by any person of any beer
20or wine produced pursuant to this section.
21(f) Except as provided herein, nothing in this section authorizes
22any activity in violation of Section 23300, 23355, or 23399.1.
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