BILL NUMBER: SB 683 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 21, 2016
AMENDED IN ASSEMBLY JUNE 14, 2016
AMENDED IN ASSEMBLY APRIL 20, 2016
AMENDED IN ASSEMBLY JANUARY 5, 2016
AMENDED IN ASSEMBLY JUNE 11, 2015
INTRODUCED BY Senator Wolk
(Principal coauthor: Assembly Member Dodd)
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, 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 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 and enology 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, up to 20,000
gallons of wine per year 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 wine 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) Sell wine received pursuant to paragraph (1) to consumers for
consumption off the licensed premises or to other licensees
authorized to sell wine.
(3) Accept donations of services and products, excluding wine,
promotion, and advertising, from any licensee. The donating licensee
may donate services and products notwithstanding any other provision
of this division.
(4)
(3) Give licensees samples of the wine 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 wine from a licensee or
other manufacturer or seller of wine, except as specified in this
section.
(d) A public university, as described in subdivision (a), may
transfer wine 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.