Amended in Assembly April 20, 2016

Amended in Assembly January 5, 2016

Amended in Assembly June 11, 2015

Senate Bill No. 683

Introduced by Senator Wolk

February 27, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

SB 683, as amended, Wolk. Alcoholic beverage licenses: nonprofit begin delete organizations. end delete begin 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 issue begin delete an onsale or offsale retail license to a nonprofit organization. end delete begin 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 23786 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 23786. end insert   

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

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

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

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

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

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

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

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

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

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

(e) The original fee for the special nonprofit sales license shall
be five hundred dollars ($500) and the annual renewal fee shall
be one hundred dollars ($100). The original and annual renewal
fee may be adjusted pursuant to subdivisions (b) and (c) of Section
23320.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique conditions in a county of the
28th class.

end insert

begin delete

SECTION 1.  

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

23320.2.  

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

end delete