BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING


          SB  
          462 (Wolk)


          As Amended  May 11, 2015


          2/3 vote.  Urgency


          SENATE VOTE:  36-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Governmental    |19-0 |Gray, Linder,         |                    |
          |Organization    |     |Achadjian, Alejo,     |                    |
          |                |     |Bigelow, Campos,      |                    |
          |                |     |Cooley, Cooper, Daly, |                    |
          |                |     |Cristina Garcia,      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Jones-Sawyer, Levine, |                    |
          |                |     |Mayes, Perea, Salas,  |                    |
          |                |     |Steinorth, Waldron,   |                    |
          |                |     |Wilk                  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |17-0 |Gomez, Bigelow,       |                    |
          |                |     |Bloom, Bonta,         |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Daly, Eggman,         |                    |
          |                |     |Gallagher,            |                    |








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          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Holden, Jones, Quirk, |                    |
          |                |     |Rendon, Wagner,       |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Extends an existing tied-house exception in the  
          Alcoholic Beverage Control Act (Act) pertaining to the general  
          prohibition against advertising arrangements between retail,  
          wholesale and manufacturer licensees to include a specified  
          entertainment complex, known as the Green Music Center, located  
          on the campus of Sonoma State University.  Additionally, this  
          bill adds a new section of law to the Act that allows alcoholic  
          beverage licensees, as specified, to make monetary or alcoholic  
          beverage contributions to the Green Music Center under certain  
          conditions.  Specifically, this bill:  


          1)Expands an existing "tied-house" exception in the Act  
            pertaining to the general prohibition against advertising  
            arrangements between retail, wholesale and manufacturer  
            licensees to include a complex of not more than 50 acres  
            located on the campus of Sonoma State University, in Sonoma  
            County. 


          2)Provides that, with respect to this complex, advertising space  
            and time may also be purchased from or on behalf of the owner  
            of the complex, a long-term tenant or licensee of the venue,  
            whether or not the owner, long-term tenant, or licensee holds  
            an on-sale license.


          3)Makes it explicit that the advertising space or time shall be  








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            purchased only in connection with live, artistic, musical,  
            sports, food, beverage, culinary, or other cultural  
            entertainment events and performances to be held on the  
            premises of the complex.


          4)Creates a new section of law in the Act that allows alcoholic  
            beverage licensees, as specified, to make monetary or  
            alcoholic beverage contributions to a complex dedicated to the  
            presentation of live artistic, musical, sports, food,  
            beverage, culinary, lifestyle, or other cultural entertainment  
            events or performances, if all the following conditions are  
            met:


             a)   The permanent retail on-sale licensee in the complex is  
               a nonprofit charitable corporation or association;


             b)   The complex is not more than 50 acres located on the  
               campus of , and owned by, Sonoma State University, in  
               Sonoma County, dedicated to presenting live artistic,  
               musical, sports, food, beverage, culinary, lifestyle, or  
               other cultural and entertainment events and performances  
               with venues that include a concert hall with a seating  
               capacity of approximately 1,500 seats, a second concert  
               hall with a seating capacity of up to 300 seats, an outdoor  
               area with a seating capacity of 5,000 seats and a further  
               outdoor area with a seating capacity of 10,000 seats;


             c)   The complex has a permanent retail on-sale license that  
               is a long-term tenant of the complex;


             d)   The donated alcoholic beverages shall not be used or  
               sold by the permanent retail licensee and a monetary  
               contribution shall not be used in, or for the benefit of,  
               the permanent retail on-sale licensee;








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             e)   The donation or monetary contribution shall not be  
               conditioned directly or indirectly, in any way, on the  
               purchase, sale, or distribution of any alcoholic beverage  
               manufactured or distributed by the holder of the license by  
               the licensee of the complex; 


             f)   The donated alcoholic beverages may only be used or sold  
               in connection with fund raising activities held on or off  
               the permanent licensed premises; and,


             g)   The permanent retail on-sale licensee in the complex  
               must serve other brands of beer, wine or distilled spirits,  
               distributed by competing wholesaler entities in addition to  
               the brand that is donated.


          5)Allows the complex to acknowledge and thank a donating  
            alcoholic beverage licensee in event programs, on the  
            complex's Internet Web site, and on stage during an event or  
            program.


          6)Contains legislative findings with respect to the exceptions  
            established by this bill to the general prohibition against  
            tied house interests.


          7)Contains an urgency clause to take effect immediately.


          8)Makes other minor, conforming, and technical changes.     


          EXISTING LAW:   









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          1)Establishes the Department of Alcoholic Beverage Control (ABC)  
            and grants it exclusive authority to administer the provisions  
            of the Act in accordance with laws enacted by the Legislature.  
             This involves licensing individuals and businesses associated  
            with the manufacture, importation and sale of alcoholic  
            beverages in this state and the collection of license fees for  
            this purpose. 


          2)Separates the alcoholic beverage industry into three component  
            parts, or tiers (referred to as the "tied-house" law or  
            "three-tier" system), of manufacturer (including breweries,  
            wineries and distilleries), wholesaler, and retailer (both  
            on-sale and off-sale).  The original policy rationale for this  
            body of law was to:  a) promote the state's interest in an  
            orderly market; b) prohibit the vertical integration and  
            dominance by a single producer in the market place; c)  
            prohibit commercial bribery and to protect the public from  
            predatory marketing practices; and, d) discourage and/or  
            prevent the intemperate use of alcoholic beverages.   
            Generally, other than exceptions granted by the Legislature,  
            the holder of one type of license is not permitted to do  
            business as another type of licensee within the "three-tier"  
            system.  


          3)Prohibits, in general, an alcohol manufacturer, wholesaler, or  
            any officer, director, or agent of any such person from  
            owning, directly, or indirectly, any interest in any on-sale  
            license, or from providing anything of value to retailers, be  
            it free goods, services, or advertising.


          4)Prohibits paid advertising by winegrowers, beer manufacturers  
            and distilled spirits producers in cases where a retail  
            licensee also owns a sports or entertainment venue.  Over the  
            years numerous exceptions to this prohibition have been added  
            to the ABC Act [e.g., Sleep Train Arena (formerly known as  








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            ARCO Arena) in Sacramento, Oakland Coliseum in Oakland,  
            Arrowhead Pond Arena in Anaheim, Kern County Arena in  
            Bakersfield, the National Orange Show Event Center in San  
            Bernardino, California Speedway in Fontana, Grizzly Stadium in  
            downtown Fresno, Raley Field in West Sacramento, HP Pavilion  
            in San Jose, the Home Depot Center in the City of Carson,  
            Levi's Stadium in the City of Santa Clara, and other venues].


          5)Allows wineries, breweries, distilled spirits manufacturers,  
            and importers to donate their product(s) to certain nonprofit  
            organizations (e.g., fraternal orders, social organizations,  
            civic leagues, veterans' organizations, religious groups,  
            horticultural organizations) for the purpose of assisting in  
            fund-raising efforts.


          6)Provides a narrow tied-house exception for certain alcoholic  
            beverage licensees to make monetary and alcoholic beverage  
            contributions to a symphony association (the San Francisco  
            Symphony) that is a nonprofit charitable corporation or  
            association, under specified conditions.  The symphony  
            association must hold a retail on-sale license in a portion of  
            its premises and no such gift shall be used in or for the  
            benefit of the symphony association's retail on-sale license.   
            Additionally, the symphony association must sell or serve  
            competing brands of beer, wine, and spirits in addition to  
            brands produced or marketed by the donating licensees.   
            (Business and Professions (B & P) Code Section 25503.31)


          7)Provides a narrow tied-house exception for the holder of a  
            winegrower's license whose licensed premises of production are  
            located within the Counties of Lake, Mendocino, Napa, or  
            Sonoma to donate wine and make monetary contributions to an  
            opera house (the Napa Opera House) that is a nonprofit  
            charitable corporation provided certain conditions are met.   
            The opera house must hold a permanent retail on-sale license  
            and no such donation or monetary contribution shall be used in  








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            or for the benefit of the permanent retail on-sale licensee.   
            In addition, donated wine may only be used or sold in  
            connection with fundraising activities held on or off the  
            permanent licensed premises.  Additionally, the opera house is  
            allowed to acknowledge and thank donating winegrowers on the  
            opera house's Internet Web site, event programs and on stage  
            during an event.  (B & P Code Section 25503.32)


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, minor and absorbable enforcement costs to ABC.


          





          COMMENTS:  


          Purpose of the bill.  The author's office states that as with  
          any performing arts venue, sponsorships and fund raising are  
          critical components to the viability of the programs offered at  
          the Green Center.  Being located in Sonoma County, the local  
          wine and beer community has been very supportive of the Green  
          Center and would like to donate money or product and/or provide  
          sponsorship for various activities.  This bill allows certain  
          alcoholic beverage producers to donate wine, beer, or spirits  
          and also make monetary contributions to the Green Center, if  
          certain conditions are met.  The Green Center, in turn, would be  
          allowed to sell those donated alcoholic beverages to patrons at  
          fund raising events. The author's office emphasizes that the  
          Legislature in past years has granted similar ABC privileges to  
          the San Francisco Symphony and the Napa Opera House.


          The author's office notes that the second component of this bill  








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          relates to existing tied-house laws and the general prohibition  
          against advertising arrangements between retail, wholesale and  
          manufacturer licensees. The author's office points out that in  
          order to allow local wineries and other producers and  
          wholesalers of alcoholic beverages to pay for advertising at  
          Green Center events, it is necessary to carve an exemption in  
          the law.  Over the years, numerous such exceptions have been  
          incorporated into the ABC Act (see "existing law" item 4 above.)  
           Thus, this bill amends ABC tied-house provisions to include the  
          Green Music Center complex on the list of exemptions in the law,  
          thereby allowing the Center to develop certain alcoholic  
          beverage sponsorships with various manufacturers and  
          distributors.  


          Donald and Maureen Green Music Center.  According to the  
          author's office, the Green Music Center is a focal point for  
          arts in Sonoma County, presenting year-round programming of  
          premier classical, contemporary, jazz, chamber and world music  
          artists in concert.  The Green Music Center complex, located on  
          the campus of Sonoma State University, includes a 1,400+-seat  
          concert hall (Weill Hall), an intimate 240+ seat second concert  
          hall (Schroeder Hall), as well as an outdoor area with seating  
          for up to 5,000.  Patrons seated on Weill Lawn are offered a  
          number of distinct experiences including a full-service gourmet  
          meal on the dining terrace, table seating, or lawn seating where  
          purchased food or picnics can be enjoyed.  


          Prior Legislation. SB 1531 (Wolk), Chapter 334, Statutes of  
          2012, authorized, until January 1, 2018, the Napa Valley Opera  
          House to accept wine and monetary donations from wineries  
          located within the Counties of Napa, Sonoma, Lake, and Mendocino  
          under specified conditions.


          SB 131 (Wiggins), Chapter 638, Statutes of 2009, authorized  
          alcoholic beverage licensees, until December 31, 2014, to make  
          monetary or alcoholic beverage contributions to the San  








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          Francisco Symphony under specified conditions.




          Analysis Prepared by:                                             
                          Eric Johnson / G.O. / (916) 319-2531  FN:  
          0001550