BILL NUMBER: SB 683	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2016
	AMENDED IN ASSEMBLY  JANUARY 5, 2016
	AMENDED IN ASSEMBLY  JUNE 11, 2015

INTRODUCED BY   Senator Wolk

                        FEBRUARY 27, 2015

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 683, as amended, Wolk. Alcoholic beverage licenses: nonprofit
 organizations.   sales license. 
   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.  Existing law also provides for
various annual fees for the issuance of alcoholic beverage licenses
depending upon the type of license issued. 
   This bill would authorize the Department of Alcoholic Beverage
Control to issue  an onsale or offsale retail license to a
nonprofit organization.   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.  
   This bill would make legislative findings and declarations as to
the necessity of a special statute for a county of the 28th class.

   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 23786 is added to the 
 Business and Professions Code   , to read:  
   23786.  (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.

   SEC. 2.    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.  
  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.