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, up to 20,000 gallons of wine per year produced by the public university, as described, and sell transferred wine 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 23786 is added to the Business and
2Professions Code, to read:
(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 and enology in its curriculum.
13(b) A special nonprofit sales license authorizes the licensee to
14do all of the following:
15(1) Accept the transfer of, and take title to, up to 20,000 gallons
16of wine per year produced by the public university described in
17subdivision (a), notwithstanding that the public university does
18not hold any license issued pursuant to this division. For purposes
19of this section, “produced” includes wine donated to, or purchased
20by, the public university for educational or experimental purposes
21and that are thereafter treated or processed by the public university.
22(2) Sell wine received pursuant to paragraph (1) to consumers
23for consumption off the licensed premises or to other licensees
24authorized to sell wine.
25(3) Accept donations of services and products, excluding wine,
26promotion, and advertising, from any licensee. The donating
27licensee may donate services and products notwithstanding any
28other provision of this division.
P3 1(4)end delete
2 Give licensees samples of the wine it sells, subject to the
3limitations in subdivision (a) of Section 23386 and any department
5(c) The special nonprofit sales license does not authorize the
6licensee to purchase or otherwise obtain wine from a licensee or
7other manufacturer or seller of wine, except as specified in this
9(d) A public university, as described in subdivision (a), may
10 transfer wine produced by the public university to a special
11nonprofit sales licensee.
12(e) The original fee for the special nonprofit sales license shall
13be five hundred dollars ($500) and the annual renewal fee shall be
14one hundred dollars ($100). The original and annual renewal fee
15may be adjusted pursuant to subdivisions (b) and (c) of Section
The Legislature finds and declares that a special law
18is necessary and that a general law cannot be made applicable
19within the meaning of Section 16 of Article IV of the California
20Constitution because of the unique conditions in a county of the