BILL ANALYSIS
AB 1470
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Date of Hearing: April 30, 2009
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Curren Price, Chairman
AB 1470 (Evans) - As Amended: April 23, 2009
SUBJECT : Alcoholic beverage licensees: winegrowers. licensees.
SUMMARY : Allows a patron to remove a partially consumed wine
bottle from a licensed on-sale beer and wine premise upon
departure. Specifically, this bill :
1)Authorizes an on-sale beer and wine public premises licensee
to allow a person who has purchased and partially consumed a
bottle of wine to remove the partially consumed bottle from
the premises upon departure.
EXISTING LAW :
1)Establishes ABC and grants it exclusive authority to
administer the provisions of the Alcoholic Beverage Control
Act (Act) in accordance with laws enacted by the Legislature.
Provides that ABC shall license individuals and businesses
associated with the manufacture, importation and sale of
alcoholic beverages in this state.
2)Provides any on-sale licensee, which maintains a bona fide
eating place in conjunction with such license, or any
winegrower that is exercising a privilege, as defined, may
allow any person who has purchased and partially consumed a
bottle of wine to remove such partially consumed bottle from
the premises upon departure.
3)Provides any winegrower that is exercising a privilege, as
defined, may allow any person who has purchased and partially
consumed a bottle of wine to remove such partially consumed
bottle from the premises upon departure, as specified.
4)Defines an "on-sale" license as authorizing the sale of all
types of alcoholic beverages: namely, beer, wine and distilled
spirits, for consumption on the premises (such as at a
restaurant or bar). An "off-sale" license authorizes the sale
of all types of alcoholic beverages for consumption off the
premises in original, sealed containers.
AB 1470
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5)Defines "bona fide public eating place," as licensed premises
that are maintained in good faith and used for the regular
service of meals to patrons. The premises must have suitable
kitchen facilities and supply an assortment of foods commonly
ordered at various hours of the day.
FISCAL EFFECT : Unknown.
COMMENTS :
According to the author, AB 1470 fills a gap in current law in
order to promote responsible consumption of alcohol by wine bar
patrons. Under current law, partially consumed wine bottles can
be removed from an on-sale licensed premise, which is a bona
fide eating-place. In essence, a restaurant or winery customer
could purchase a bottle of wine, elect to drink some of the
contents, and then put the cork back in to take the bottle home
to drink later. This bill extends this same take home privilege
to wine bar customers.
The author states that because of current law, wine bar patrons
might feel pressured to finish a bottle of wine - especially an
expensive bottle - because they would not want to waste it by
leaving an unfinished amount only to be thrown away. By
extending the "brown bag" privilege to wine bar patrons, this
bill would not only give a consumer options but will also
benefit public safety and promote temperance.
In support of this measure, the Wine Institute (WI) states in
recent years, Type 42 wine bars have sprung up in many urban
settings. WI believes that wine bar patrons should additionally
be afforded the option to "brown bag" an unfinished bottle of
wine.
The ABC reports that there are approximately 1,400 beer and wine
public premise licenses (Type 42) in the state. A large number
of these licenses are operating as specialty wine shops and/or
wine bars.
Prior legislation . AB 2004 (Evans), Chapter 127, Statutes of
2008. Authorizes a licensed winegrower to sell wine to
consumers for on-premises consumption, as specified. In
addition, provides any winegrower that is exercising a
privilege, as defined, may allow any person who has purchased
and partially consumed a bottle of wine to remove such partially
AB 1470
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consumed bottle from the premises upon departure, as
specified.
SB 113 (Thompson), Chapter 238, Statutes of 1993, permits a
licensed winegrower (a winery) to sell wine and brandy to
consumers for consumption off the premises or for consumption at
a restaurant located at the winery or immediately contiguous to
it. A winegrower must produce on the licensed premises not less
than 50% of the wines sold to consumers.
REGISTERED SUPPORT / OPPOSITION :
Support
Family Winemakers of California
Wine Institute
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531