Amended in Assembly June 14, 2016

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

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(Principal coauthor: Assembly Member Dodd)

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February 27, 2015


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

LEGISLATIVE COUNSEL’S DIGEST

SB 683, as amended, Wolk. Alcoholic beverage licenses: nonprofit 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 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,begin delete alcoholic beveragesend deletebegin insert up to 20,000 gallons of wine per yearend insert produced by the public university, as described, and sellbegin delete transferred, donated, and bequeathed alcoholic beveragesend deletebegin insert transferred wineend insert 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:

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SECTION 1.  

Section 23786 is added to the Business and
2Professions Code
, to read:

3

23786.  

(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
12inbegin delete viticulture, enology, brewing, and distillingend deletebegin insert viticulture and
13enologyend insert
in its curriculum.

14(b) A special nonprofit sales license authorizes the licensee to
15do all of the following:

16(1) Accept the transfer of, and take title to,begin delete alcoholic beveragesend delete
17begin insert up to 20,000 gallons of wine per yearend insert produced by the public
18university described in subdivision (a), notwithstanding that the
19public university does not hold any license issued pursuant to this
20division. For purposes of this section, “produced” includes
21begin delete alcoholic beveragesend deletebegin insert wineend insert donated to, or purchased by, the public
22university for educational or experimental purposes and that are
23thereafter treated or processed by the public university.

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24(2) Accept donations or bequests of bottled alcoholic beverages
25from any unlicensed person.

end delete
begin delete

25 26(3)

end delete

27begin insert(2)end insert Sellbegin delete alcoholic beveragesend deletebegin insert wineend insert received pursuant to
28begin delete paragraphs (1) and (2)end deletebegin insert paragraph (1)end insert to consumers for consumption
29off the licensed premises or to other licensees authorized to sell begin deleteP3    1 the alcoholic beverages sold. A bottle of an alcoholic beverage
2sold by the licensee shall have a permanently affixed label stating
3that the alcoholic beverage was donated or bequeathed to the
4licensee by an unlicensed person or was received from a public
5university.end delete
begin insert wine.end insert

begin delete

P3   1 6(4)

end delete

7begin insert(3)end insert Accept donations of services and products, excluding
8begin delete alcoholic beverages,end deletebegin insert wine, promotion, and advertising,end insert from any
9 licensee. The donating licensee may donate services and products
10notwithstanding any other provision of this division.

begin delete

5 11(5)

end delete

12begin insert(4)end insert Give licensees samples of thebegin delete alcoholic beveragesend deletebegin insert wineend insert it
13sells, subject to the limitations in subdivision (a) of Section 23386
14and any department regulations.

15(c) The special nonprofit sales license does not authorize the
16licensee to purchase or otherwise obtainbegin delete alcoholic beveragesend deletebegin insert wineend insert
17 from a licensee or other manufacturer or seller ofbegin delete alcoholic
18beverages,end delete
begin insert wine,end insert except as specified in this section.

begin delete

19(d) (1) An unlicensed person may donate or bequeath alcoholic
20beverages to a special nonprofit sales licensee.

end delete
begin delete

14 21(2)

end delete

22begin insert(d)end insert A public university, as described in subdivision (a), may
23transferbegin delete alcoholic beveragesend deletebegin insert wineend insert produced by the public university
24to a special nonprofit sales licensee.

25(e) The original fee for the special nonprofit sales license shall
26be five hundred dollars ($500) and the annual renewal fee shall be
27one hundred dollars ($100). The original and annual renewal fee
28may be adjusted pursuant to subdivisions (b) and (c) of Section
2923320.

30

SEC. 2.  

The Legislature finds and declares that a special law
31is necessary and that a general law cannot be made applicable
32within the meaning of Section 16 of Article IV of the California
33Constitution because of the unique conditions in a county of the
3428th class.



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