BILL ANALYSIS
SB 131
Page 1
SENATE THIRD READING
SB 131 (Wiggins)
As Amended April 29, 2009
Majority vote
SENATE VOTE :35-0
GOVERNMENTAL ORGANIZATION 17-0
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|Ayes:|Coto, Anderson. Chesbro, | | |
| |Cook, | | |
| |De Leon, Evans, Hall, | | |
| |Hill, Jeffries, Lieu, | | |
| |Mendoza, Nestande, | | |
| |V. Manuel Perez, | | |
| |Portantino, Silva, | | |
| |Torrico, Tran | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Makes various technical and code maintenance changes
to an existing provision of the Alcoholic Beverage Control Act
(Act) which allows wineries and brandy manufacturers to
respond to consumer inquiries as to where, and at which
restaurants, their products may be found. Specifically, this
bill :
1)Revises the direct inquiry provisions to include any
electronic inquiries from consumers.
2)Makes technical, nonsubstantive changes to the Act.
EXISTING LAW :
1)Establishes the Department of Alcoholic Beverage Control (ABC)
and grants it exclusive authority to administer the provisions
of the Act in accordance with laws enacted by the Legislature.
This involves licensing individuals and businesses associated
with the manufacture, importation and sale of alcoholic
beverages in the state and the collection of license fees or
occupation taxes for this purpose.
2)Separates, under the "tied-house" law, the alcoholic beverage
industry into three component parts, or tiers, of
SB 131
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manufacturer (including breweries, wineries and distilleries),
wholesaler, and retailer (both on-sale and off-sale).
3)Provides that 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 non-retail 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.
FISCAL EFFECT : None
COMMENTS :
Background . Existing law, known as the "tied-house" law,
separates the alcoholic beverage industry into three component
parts, or tiers, of manufacturer (including breweries, wineries
and distilleries), wholesaler, and retailer (both
on-sale and off-sale).
Tied house refers to a practice in this country prior to
Prohibition and still occurring in England today where a bar or
public house, from whence comes the "house" of tied house, is
tied to the products of a particular manufacturer, either
because the manufacturer owns the house, or the house is
contractually obligated to carry only a particular
manufacturer's products.
The original policy rationale for this body of law was to:
1)Promote the state's interest in an orderly market.
2)Prohibit the vertical integration and dominance by a single
producer in the marketplace.
3)Prohibit commercial bribery and protect the public from
predatory marketing practices.
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4)Discourage and/or prevent the intemperate use of alcoholic
beverages.
Generally, other than exceptions granted by the Legislature, the
holder of one type of license is not permitted to do business as
another type of licensee within the "three-tier" system.
Purpose of the bill : According to the author's office, the
complex restrictions of the ABC Act's tied-house laws make it
difficult for wine and brandy manufacturers to utilize simple,
modern ways of responding to consumer inquiries. Because
existing provisions are so specific, e-mail and responses over
the Internet are allowable but, "texting," for example, over a
cellular phone network, is not.
Under existing law (Business & Professions Code Section
25500.1), a response to a direct inquiry from a consumer
received by telephone, mail, electronic Internet inquiry or in
person does not constitute a thing of value or prohibited
inducement to the listed on-sale retailer. Therefore,
this measure is simply intended to modify the current
restrictions to include, "electronic inquiry," instead of just
"electronic Internet inquiry."
Prior legislation : SB 1423 (Chesbro) Chapter 205, Statutes of
2000, authorized wineries and brandy manufacturers to advertise
the name and location of restaurants that sell their products.
SB 1233 (Chesbro) Chapter 666, Statutes of 1999, allowed for the
limited dissemination of information regarding the off-sale
availability of alcoholic beverages.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0002718