BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2134
                                                                  Page  1

          Date of Hearing:   April 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2134 (Chesbro) - As Amended:  April 19, 2010 

          Policy Committee:                              Governmental  
          Organization Vote:                            20 - 0 

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill allows licensed brewers to conduct and participate in  
          events called "Beer Maker Dinners" for consumers held at  
          restaurants that purchase a brewer's products featuring craft  
          beers paired with food.  This measure creates a tied-house  
          exception similar to one in existing law for winemakers.   
          Specifically, this bill:

          1)Allows a brewer or their representative to participate in an  
            on-site instructional event and to take orders for the sale of  
            beer, if the transaction is completed at the beer  
            manufacturer's licensed premises.

          2)Allows brewers to advertise an instructional event as long as  
            the advertisement does not contain the retail price of the  
            beers.  

          3)Prohibits any alcoholic beverages from being given away at the  
            event. 

           FISCAL EFFECT
           

          Negligible non-reimbursable costs for local prosecution and/or  
          incarceration, offset by fine revenue, for misdemeanor  
          violations of provisions associated with the tied-house  
          exception. 


           COMMENTS  









                                                                  AB 2134
                                                                  Page  2

           1)Rationale  . According to the sponsor, the California Small  
            Brewers Association, this bill will allow beer manufacturers  
            and importers the privilege of participating in "Beer Maker  
            Dinners" at licensed on-sale retail premises (i.e.  
            restaurants) and communicating the date, time and location of  
            these events to their customers.  

            Under current law, winegrowers are able to conduct "Wine Maker  
            Dinners" at licensed retail facilities.  The law allows a  
            winegrower representative to conduct the educational event  
            without compensation from the retail establishment; and allows  
            the winegrower to advertise the event under specified  
            conditions. 


           2)Background. The tied-house law refers to the statutory  
            restriction on cross-ownership among the three tiers of the  
            alcohol industry: manufacturers, distributors/wholesalers, and  
            retailers. The Legislature has generally prohibited forms of  
            cross-ownership between manufacturers and retailers, and  
            discouraged manufacturers from providing anything of value -  
            free goods, services, or advertising - to distributors or  
            retailers. Numerous exceptions to these restrictions have been  
            enacted over the years in instances where the Legislature  
            determined that the public's interests are protected. 




          Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081