BILL NUMBER: SB 1233	CHAPTERED  10/10/99

	CHAPTER   666
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE SENATE   SEPTEMBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 10, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JUNE 30, 1999
	AMENDED IN SENATE   APRIL 28, 1999
	AMENDED IN SENATE   APRIL 12, 1999

INTRODUCED BY   Senator Chesbro
   (Principal coauthor:  Assembly Member Wiggins)

                        FEBRUARY 26, 1999

   An act to add Section 25502.1 to the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1233, Chesbro.  Alcoholic beverages:  tied-house restrictions.
   The Alcoholic Beverage Control Act contains limitations on sales
commonly known as "tied-house" restrictions, which generally prohibit
a manufacturer, winegrower, manufacturer's agent, California
winegrower's agent, rectified, distiller, bottler, importer, or
wholesaler from furnishing, giving, or lending any money or other
thing of value to any person engaged in operating, owning, or
maintaining any off-sale licensed premises.
   This bill would provide that for purposes of these provisions, the
listing of the names, addresses, telephone numbers or e-mail
addresses, or both, or web site addresses, of two or more
unaffiliated off-sale retailers selling the products produced,
distributed or imported by a nonretail industry member in response to
a direct inquiry from a consumer received by telephone, by mail, by
electronic Internet inquiry or in person does not constitute a thing
of value or prohibited inducement to the listed off-sale retailer, if
specified conditions are met.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 25502.1 is added to the Business and
Professions Code, to read:
   25502.1.  Notwithstanding Section 25502, the listing of the names,
addresses, telephone numbers and/or e-mail addresses, or web site
addresses, of two or more unaffiliated off-sale retailers selling the
products produced, distributed and/or imported by a nonretail
industry member in response to a direct inquiry from a consumer
received by telephone, by mail, by electronic Internet inquiry or in
person does not constitute a thing of value or prohibited inducement
to the listed off-sale retailer, provided:
   (a) The listing does not also contain the retail price of the
produce, and
   (b) The listing is the only reference to the off-sale retailers in
the direct communication, and
   (c) The listing does not refer only to one off-sale retailer or
only to off-sale retail establishments controlled directly or
indirectly by the same off-sale retailer, and
   (d) The listing is made by, and/or produced by, and/or paid for,
exclusively by the nonretail industry member making the response.
   For the purposes of this section, "nonretail industry member" is
defined as a manufacturer, winegrower, distiller of alcoholic
beverages, regardless of any other licenses held directly or
indirectly by such person.  Except as specifically provided above,
any payment for, making or production, either directly or indirectly,
listing the names, addresses, telephone numbers and/or e-mail
addresses, or web site addresses, of off-sale retailers otherwise
authorized by this section by a wholesaler or by a wholesaler that
also holds an importer's license  shall constitute the furnishing of
a thing of value or inducement to the listed off-sale retailers in
violation of this division.