BILL NUMBER: SB 131	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wiggins

                        FEBRUARY 9, 2009

   An act to amend Section 25500.1 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 131, as introduced, Wiggins. 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, rectifier, 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. Existing law provides
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 on-sale retailers selling
wine or brandy, or both, and operating and licensed as bona fide
public eating places selling the wine or brandy 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 on-sale retailer, if specified
conditions are met.
   This bill would revise the direct inquiry provisions to include
any electronic inquiries from consumers. This bill would also make
technical, nonsubstantive changes to this provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 25500.1 of the Business and Professions Code is
amended to read:
   25500.1.   (a)    Notwithstanding Section 25500,
the listing of the names, addresses, telephone  numbers
and/or   numbers,  e-mail addresses, or 
web   Internet Web6+  site addresses, of two or
more unaffiliated on-sale retailers selling  wine and/or
brandy   wine, brandy, or both wine and brandy  and
operating and licensed as bona fide public eating places pursuant to
Section 23038 selling the  wine and/or brandy  
wine, brandy, or both wine and brandy  produced, 
distributed and/or imported   distributed, imported, or
both distributed and 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 on-sale retailer, provided: 
   (a)
    (1)  The listing does not also contain the retail price
of the product, and 
   (b) 
    (2)  The listing is the only reference to the on-sale
retailers in the direct communication, and 
   (c) 
    (3)  The listing does not refer only to one on-sale
retailer or only to on-sale retail establishments controlled directly
or indirectly by the same on-sale retailer, and 
   (d) 
    (4)  The listing is made by,  and/or produced
by, and/or paid for   produced by, or paid for, or any
combination thereof  , exclusively by the nonretail industry
member making the response. 
    For 
    (b)     For  the purposes of this
section, "nonretail industry member" is defined as a manufacturer,
winegrower, distiller of  wine and/or brandy  
wine, brandy, or both  , 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   numbers,  e-mail
addresses, or  web   Internet Web  site
addresses, of on-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 on-sale retailers in violation of this
division.