Amended in Assembly April 20, 2016

Amended in Assembly January 5, 2016

Amended in Assembly June 11, 2015

Senate BillNo. 683

Introduced by Senator Wolk

February 27, 2015

An act to add Sectionbegin delete 23320.2end deletebegin insert 23786end insert to the Business and Professions Code, relating to alcoholic beverages.


SB 683, as amended, Wolk. Alcoholic beverage licenses: nonprofitbegin delete organizations.end deletebegin insert sales license.end insert

Existing law, the Alcoholic Beverage Control Act, regulates the application for, the issuance of, the suspension of, and the conditions imposed upon, various alcoholic beverage licenses pursuant to which the licensees may exercise specified privileges in the state. Existing law authorizes the specified licenses to nonprofit organizations, as provided.begin insert Existing law also provides for various annual fees for the issuance of alcoholic beverage licenses depending upon the type of license issued.end insert

This bill would authorize the Department of Alcoholic Beverage Control to issuebegin delete an onsale or offsale retail license to a nonprofit organization.end deletebegin insert a special nonprofit sales license to a nonprofit mutual benefit corporation, as described, that would authorize the licensee to, among other things, accept the transfer of, and take title to, alcoholic beverages produced by the public university, as described, and sell transferred, donated, and bequeathed alcoholic beverages to consumers and licensees, as provided. The bill would impose an original fee and an annual renewal fee for the license, which would be deposited in the Alcohol Beverage Control Fund.end insert

begin insert

This bill would make legislative findings and declarations as to the necessity of a special statute for a county of the 28th class.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 23786 is added to the end insertbegin insertBusiness and
2Professions Code
end insert
begin insert, to read:end insert

begin insert

begin insert23786.end insert  

(a) The department may issue a special nonprofit sales
4license to a nonprofit mutual benefit corporation, as described in
5Section 23701a of the Revenue and Taxation Code, that has a
6board membership composed of the Dean of the College of
7Agricultural and Environmental Sciences, or his or her designee,
8the Chair of the Department of Viticulture and Enology, or his or
9her designee, and the Chair of the Department of Food Science
10and Technology, or his or her designee, of the public university
11located within the county of the 28th class that includes courses
12in viticulture, enology, brewing, and distilling in its curriculum.

(b) A special nonprofit sales license authorizes the licensee to
14do all of the following:

(1) Accept the transfer of, and take title to, alcoholic beverages
16produced by the public university described in subdivision (a),
17notwithstanding that the public university does not hold any license
18issued pursuant to this division. For purposes of this section,
19“produced” includes alcoholic beverages donated to, or purchased
20by, the public university for educational or experimental purposes
21and that are thereafter treated or processed by the public

(2) Accept donations or bequests of bottled alcoholic beverages
24from any unlicensed person.

(3) Sell alcoholic beverages received pursuant to paragraphs
26(1) and (2) to consumers for consumption off the licensed premises
27or to other licensees authorized to sell the alcoholic beverages
28sold. A bottle of an alcoholic beverage sold by the licensee shall
29have a permanently affixed label stating that the alcoholic beverage
30was donated or bequeathed to the licensee by an unlicensed person
31or was received from a public university.

P3    1
(4) Accept donations of services and products, excluding
2alcoholic beverages, from any licensee. The donating licensee may
3donate services and products notwithstanding any other provision
4of this division.

(5) Give licensees samples of the alcoholic beverages it sells,
6subject to the limitations in subdivision (a) of Section 23386 and
7any department regulations.

(c) The special nonprofit sales license does not authorize the
9licensee to purchase or otherwise obtain alcoholic beverages from
10a licensee or other manufacturer or seller of alcoholic beverages,
11except as specified in this section.

(d) (1) An unlicensed person may donate or bequeath alcoholic
13beverages to a special nonprofit sales licensee.

(2) A public university, as described in subdivision (a), may
15transfer alcoholic beverages produced by the public university to
16a special nonprofit sales licensee.

(e) The original fee for the special nonprofit sales license shall
18be five hundred dollars ($500) and the annual renewal fee shall
19be one hundred dollars ($100). The original and annual renewal
20fee may be adjusted pursuant to subdivisions (b) and (c) of Section

end insert
22begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

The Legislature finds and declares that a special law
23is necessary and that a general law cannot be made applicable
24within the meaning of Section 16 of Article IV of the California
25Constitution because of the unique conditions in a county of the
2628th class.

end insert
begin delete27


Section 23320.2 is added to the Business and
28Professions Code
, to read:



In addition to the licenses specified in Section 23320,
30the department may issue an onsale or offsale retail license to a
31nonprofit organization.

end delete