BILL NUMBER: SB 131	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2009
	AMENDED IN SENATE  APRIL 29, 2009

INTRODUCED BY    Senator   Wiggins 
 Senators   Wiggins   and Yee 

                        FEBRUARY 9, 2009

   An act to  amend Section 25500.1 of   add
Section 25503.31 to  the Business and Professions Code, relating
to alcoholic beverages  , and declaring the urgency thereof, to
take effect immediately  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 131, as amended, Wiggins. Alcoholic beverages: tied-house
restrictions  : symphony associations  .
   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   on-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 Internet 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   authorizes specific exceptions to
this prohibition, including exceptions for donations and sales to
nonprofit corporations  .
   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 
 additionally authorize the monetary contributions   and
contributions of alcoholic beverages by alcoholic beverage licensees
to a symphony association under specified circumstances, including
that the symphony association has been incorporated in the City and
County of San Francisco for no less than 30 years. This bill would
make findings regarding the need for special legislation  . 

   The Alcoholic Beverage Control Act provides that a violation of
any of its provisions for which another penalty or punishment is not
specifically provided is a misdemeanor. This bill would expand
existing crimes by imposing additional requirements on a licensee
under the act, thus, the bill would impose a state-mandated local
program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 25503.31 is added to the 
 Business and Professions Code   , to read:  
   25503.31.  Notwithstanding any other provision of this division, a
licensee that is licensed pursuant to this division may make
monetary contributions or alcoholic beverage contributions to a
symphony association, if the following conditions are met:
   (a) The symphony association is a nonprofit charitable corporation
or association exempt from payment of income taxes under the
provisions of the Internal Revenue Code of the United States and
Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of
the Revenue and Taxation Code.
   (b) The symphony association has been incorporated in the City and
County of San Francisco for not less than 30 years and produces not
less than 175 musical events open to the general public per symphony
season.
   (c) The symphony association holds a retail on-sale license in a
portion of its premises, provided that no such gift shall be used in
or for the benefit of the symphony association's retail on-sale
license.
   (d) The symphony association does not make an agreement of any
kind with, offer any quid pro quo to, or participate in any
arrangement by which, the donor of the gift that provides the donor
or its wholesaler with preferential treatment in the choice and
purchase of alcoholic beverages by the symphony association for use
in its licensed premises. 
   SEC. 2.    The Legislature finds and declares that,
because of the unique circumstances, and the cultural importance of
the San Francisco Symphony, a statute of general applicability cannot
be enacted within the meaning of subdivision (b) of Section 16 of
Article IV of the California Constitution, and, therefore, this
special statute is necessary. 
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution. 
   SEC. 4.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to allow the San Francisco Symphony to continue to
provide performing arts and to authorize the receipt of donations to
facilitate that provision, it is necessary that this act take effect
immediately.  
  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, e-mail addresses, or Internet
Web site addresses, of two or more unaffiliated on-sale retailers
selling wine, brandy, or both wine and brandy and operating and
licensed as bona fide public eating places pursuant to Section 23038
selling the wine, brandy, or both wine and brandy produced,
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 inquiry or in
person does not constitute a thing of value or prohibited inducement
to the listed on-sale retailer, provided:
   (1) The listing does not also contain the retail price of the
product, and
   (2) The listing is the only reference to the on-sale retailers in
the direct communication, and
   (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
   (4) The listing is made by, produced by, or paid for, or any
combination thereof, exclusively by the nonretail industry member
making the response.
   (b) For the purposes of this section, "nonretail industry member"
is defined as a manufacturer, winegrower, distiller of 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, e-mail addresses, or 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.